HomeMy WebLinkAbout09-10-2019 Heritage Preservation Commission Agenda PacketPage 1 of 2
HERITAGE PRESERVATION COMMISSION
REGULAR MEETING
September 10, 2019
8:30 AM REGULAR MEETING
Linda Callon Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA
95070
1.Site Visit(s):
a.None
2.Call to Order:
3.Roll Call- Alexandra Nugent, Annette Stransky, Dr. Jo Rodgers, Marilyn
Marchetti and Rina Shah
4.Oral Communications
Any member of the public may address the Commission about any matter not
on the agenda for this meeting for up to three minutes. Commissioners may
not comment on the matter but may choose to place the topic on a future
agenda.
5.Approval of the August 13, 2019 minutes
6.New Business:
a.General Plan, City Code Sections (re Historic Resources), and 2018
CLG (Certified Local Government) report - (informational)
7.Staff Comments:
a.Saratoga Retirement Center (14500 Fruitvale Avenue)-Update
b. Village Design Guidelines-Update
c.20331 Orchard Road-Landmark property/Mills Act Agreement- Update
8.Old Business:
Page 2 of 2
a. 2019/2020 Workplan Update
b. Heritage Orchard Master Plan Update
c. Project Status Update
9. Commission Items
a. None
10. Adjournment
In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a
disability-related modification or accommodation to participate in this meeting, please contact the
City Clerk’s Office at (408) 868-1216 or dbretschneider@saratoga.ca.us. Requests must be made as
early as possible and at least one full business day before the start of the meeting.
Any recommendation made by the Heritage Preservation Commission may be appealed to the
Planning Commission within ten (10) days of the date of the decision. The appeal shall be taken by
filing with the Secretary of the Heritage Preservation Commission a written notice and filing fee within
ten (10) days of the date of the decision.
In accordance with the Ralph M. Brown Act, copies of the staff report, and other materials provided
to the Heritage Preservation Commission by City staff in connection with this agenda are available at
the office of the Community Development Department Director at 13777 Fruitvale Avenue, Saratoga,
California 95070. Any materials distributed by staff after the posting of the agenda are made available
for public review at the office of the Director at the time they are distributed to the Heritage
Preservation Commission.
CERTIFICATE OF POSTING OF AGENDA
I, Nicole Johnson, Planner II, for the City of Saratoga, declare that the foregoing agenda for the meeting of
the Heritage Preservation Commission was posted and available for public review on September 5, 2019,
2019 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City’s website at
www.saratoga.ca.us.
Page 1 of 2
HERITAGE PRESERVATION COMMISSION
DRAFT MINUTES
August 13, 2019
8:30 AM REGULAR MEETING
Linda Callon Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA
95070
1.Site Visit(s):
a.None
2.Call to Order: Chair Marchetti called the meeting to order at 8:34 AM
3.Roll Call-
Present: Chair Marilyn Marchetti, Vice Chair Dr. Jo Rodgers, Alexandra
Nugent, Annette Stransky and Rina Shah
Absent: None
Staff: Debbie Pedro, Community Development Director and Nicole Johnson,
Planner II
4.Oral Communications
None
5.Approval of the July 9th and July 23rd, 2019 minutes
SHAH/NUGENT MOVED TO APPROVE THE MINUTES FOR THE JULY 9TH AND
JULY 23RD, 2019 MEETINGS. MOTION PASSED. AYES: NUGENT, STRANSKY,
RODGERS, MARCHETTI, SHAH. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE
6.New Business:
a.Heritage Orchard Master Plan-the HPC discussed the proposed text for
sections of the master plan.
Item 5
Page 2 of 2
7. Staff Comments:
a. Minutes-Nicole Johnson discussed using action minutes going forward.
8. Old Business:
a. None
9. Commission Items
a. Quarry Park Inventory Item-Commissioner Nugent discussed having
assistance preparing this item for the Historic Resource Inventory.
10. Adjournment
Chair Marilyn Marchetti adjourned the meeting at 10:30 AM.
Minutes respectfully submitted:
Nicole Johnson, Planner II
City of Saratoga
Page 1 of 1
MEMORANDUM
MEETING DATE: September 10, 2019
TO:
FROM:
SUBJECT:
Heritage Preservation Commission (HPC)
Nicole Johnson, Planner II
Item 6a- General Plan, City Code Sections(Historic Resources)
and 2018 CLG Report
Please see attached sections from the Land Use and Open Space/Conservation
Element regarding Historic Preservation and Chapter 13 (Heritage Preservation) of
the City Code Section, for discussion purposes. In addition, staff has included the
CLG (Certified Local Government) report that was submitted to the State for the year
2018.
Item 6a
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(a)
(b)
(c)
(d)
(e)
(a)
(b)
(c)
Chapter 13 - HERITAGE PRESERVATION
Articles:
Article 13-05 - GENERAL PROVISIONS
Sections:
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:
Safeguard the heritage of the City by providing for the protection of irreplaceable heritage
resources representing significant elements of its history;
Enhance the visual character of the City by encouraging and regulating the compatibility of
architectural styles within historic areas which reflect established architectural traditions;
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;
Stabilize and improve property values within the City and increase the economic and financial
benefits to the City and its inhabitants derived from the preservation, rehabilitation, and use of
heritage resources;
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 - De nitions.
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:
Alteration means any exterior change or modification 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 modifications of structure, architectural details or visual characteristics, grading,
surface paving, the addition of new structures, removal or alteration of natural features,
disturbance of archeological sites or areas, and the placement or removal of any exterior objects
such as signs, plaques, light fixtures, walls, fences, steps or gates affecting the exterior visual
qualities of the property, but does not include painting, landscaping and ordinary maintenance.
Designated heritage lane means a street, road, avenue, boulevard, pathway or trail designated as a
heritage resource pursuant to this Chapter.
Designated historic district means a distinct section of the City, specifically defined in terms of
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(d)
(e)
(f)
(g)
(h)
(i)
(j)
(a)
(b)
geographic boundaries, designated as a heritage resource pursuant to this Chapter.
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.
Exterior architectural feature means the architectural elements embodying style, design, general
arrangement 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.
Heritage Commission means the historical preservation commission established pursuant to this
Chapter and Commissioner means a member of the Heritage Commission.
Commission staff means the Planning Director and his authorized representatives.
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.
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.
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.
Article 13-10 - HERITAGE PRESERVATION COMMISSION
Sections:
Footnotes:
--- (1) ---
Editor's note— Ord. No. 340, § 1(Att. A, § 11), adopted July 6, 2016, repealed the former § 13-10.020, which pertained to term of office
and derived from original codification, and renumbered subsequent sections as herein set out.
13-10.010 - Creation; quali cation and residency of members.
There is hereby established a Heritage Preservation Commission consisting of five unpaid members who shall be
appointed by the City Council and shall all have a demonstrated interest in, competence or knowledge in historic
preservation. In addition:
One of the members shall have been a candidate nominated by the Saratoga Historical Foundation.
A minimum of two of the members shall be appointed from among the disciplines of architecture,
history, architectural history, planning, archeology or other historic preservation related disciplines
such as urban planning, architecture/construction, American studies, American civilization, cultural
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(a)
(b)
(a)
(b)
(c)
(d)
(e)
geography or cultural anthropology, to the extent that such professionals are available in the
community. The candidate nominated by the Saratoga Historical Foundation can qualify as this
professional member.
(Ord. No. 356, § 1(Att. A), 10-3-2018)
13-10.020 - Vacancy and removal.
In the event of a vacancy occurring during the term of a Commissioner where such Commissioner is required to
have special qualifications, such vacancy shall be filled by interim appointment with a person having such qualifications.
(Amended by Ord. No. 340, § 1(Att. A, § 11), 7-6-2016)
13-10.030 - Organization.
The Community Development Director or designee 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 performed at the request or on behalf of the Heritage Commission.
The Heritage Commission shall meet quarterly, or more frequently upon call of the Chair or Commission
staff, as necessary. All meetings shall be open to the public and a public record shall be kept of all
Commission proceedings and actions. A majority of Commissioners shall constitute a quorum, with the
Chair having a vote.
(Amended by Ord. No. 340, § 1(Att. A, § 11), 7-6-2016)
13-10.040 - 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:
Conduct, or cause to be conducted, a comprehensive survey of properties within the boundaries of
the City for the purpose of establishing the Heritage Resource Inventory. To qualify for inclusion in
the Heritage Resource Inventory, a property must satisfy any one or more of the criteria listed in
Section 13-15.010 of this Chapter. The Inventory shall be publicized and periodically updated, and a
copy thereof shall be kept on file in the Planning Department.
Recommend to the City Council specific proposals for designation as a historic landmark, heritage
lane or historic district.
Recommend to the appropriate City agencies or departments projects and action programs for the
recognition, 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.
Review and comment upon existing or proposed ordinances, plans or policies of the City as they
relate to heritage resources.
Review and comment upon all applications for building, demolition, grading or tree removal permits
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(f)
(g)
(h)
(i)
(j)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
involving work to be performed upon or within a designated 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 significantly 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.
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.
Cooperate with county, state and federal governments and with private organizations in the pursuit
of the objectives of heritage conservation.
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.
Participate in, promote and conduct public information and educational programs pertaining to
heritage resources.
Perform such other functions as may be delegated to it by resolution or motion of the City Council.
(Amended by Ord. No. 340, § 1(Att. A, § 11), 7-6-2016)
Article 13-15 - DESIGNATION OF A HERITAGE RESOURCE
Sections:
13-15.010 - Criteria.
The Heritage Commission may recommend to the City Council designation of a proposal as a historic landmark,
heritage lane or historic district if it satisfies any two or more of the criteria listed below and also retains a substantial
degree of architectural and structural integrity with respect to the original design, as determined by the Heritage
Commission.
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
It is identified with persons or events significant in local, county, state or national history; or
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
It is representative of the notable design or craft of a builder, designer, or architect; or
It embodies or contributes to unique physical characteristics representing an established and
familiar visual feature of a neighborhood or district within the City; or
It represents a significant concentration or continuity of site, buildings, structures or objects, unified
by past events or aesthetically by plan or physical or natural development; or
It embodies or contributes to a unique natural setting or environment constituting a distinct area or
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(a)
(1)
(2)
(3)
(b)
(a)
(b)
(1)
district within the City having special character or special historical, architectural or aesthetic
interest or value.
13-15.020 - Applications.
Applications for designation as a historic landmark, heritage lane or historic district may be submitted to
the Heritage Commission by any of the following:
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;
The owners of at least sixty percent of the frontage of all recorded lots abutting a street, road,
avenue, boulevard, pathway or trail, or portion thereof, requesting designation as a heritage lane;
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.
The City Council or the Planning Commission may also, by resolution or motion, refer a proposed
designation to the Heritage Commission for its recommendation 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.
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 futher 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.
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 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:
The owner or owners of a proposed historic landmark withdraw their objection; or
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(2)
(3)
(a)
(b)
(c)
(d)
(a)
A sufficient number of owners of recorded lots abutting a proposed heritage lane or recorded lots with
historic district withdraw their objections so as to reduce the total percentage of objectors to less than
percent; or
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.
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.
Until final action has been taken by the City Council on the proposed designation as a historic landmark,
no building, alteration, grading, demolition or tree removal permit shall be issued for any work to be
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(a) of this Article, as the case may be.
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.
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.
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
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(b)
(c)
(d)
(e)
(f)
(g)
(h)
(a)
thereto, shall be forwarded to the Planning Commission.
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.
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 approval 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 preservation thereof.
Transmittal of documents to City Council. The recommendations of the Planning Commission, together
with the report and recommendations of the Heritage 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.
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
designation proceedings. Such resolution shall schedule a public hearing 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 resolution 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.
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.
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 designating ordinance.
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 hearings.
Notice of the time, place and purpose of public 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
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(1)
(2)
(b)
(a)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(b)
(a)
(b)
prior to the date of the hearing by mailing such notice as follows:
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 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.
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.
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.
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 landmark, or the owners of all property
abutting a designated heritage lane, or the owners of all property within a designated historic district.
The notice shall inform such owners that the designated property will be added to the Saratoga Heritage
Resource Inventory and may be eligible for certain privileges and benefits under local, state or federal
law. The notice shall include a statement of the regulations and restrictions upon the designated
property. The Commission staff shall also send notice of the designation to:
The Heritage Commission.
The Planning Commission.
Any agency or department of the City requesting such notice or affected by the designation.
The Saratoga Historical Foundation.
The Santa Clara County Historical Heritage Commission.
The California State Historic Preservation Officer.
The Saratoga News.
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.
The owner or owners of a designated historic landmark, or the owners of not less than sixty percent of
the frontage of all recorded lots abutting a designated heritage lane, or the owners of not less than sixty
percent of the area of all recorded lots within a designated historic district, may apply to the Heritage
Commission for termination of the designation. The application shall contain a detailed description of all
facts and circumstances relied upon by the applicant as reasons for termination.
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.
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(c)
(d)
(a)
(b)
(c)
(d)
(e)
(f)
A designation may be terminated only upon a finding by the City Council that as a result of change in circum
the designation is no longer consistent with the purposes and objectives of this Chapter and no longer satis
the criteria set forth in Section 13-15.010.
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 termination shall also be recorded in the office of the
Recorder for the County.
Article 13-20 - PERMITS
Sections:
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; provided,
however, that the foregoing requirements shall not apply when alternative permit requirements for a specific historic
landmark, heritage lane, or historic district have been specified by the ordinance designating the landmark, lane, or
district.
(Amended by Ord. 213 § 3(A), 2002)
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 administrative cost of handling the permit request.
13-20.030 - Supporting data.
The application shall include the following data:
Documentation establishing ownership of the designated property by the applicant for the permit.
A clear statement of the proposed work.
A site plan showing all existing buildings, structures, trees over twelve inches in diameter, property
lines, easements and the proposed work.
Plans showing the exterior elevations, materials and grading of the proposed work.
Where the application is for demolition, a detailed statement of the necessity for demolition
together with photographs of the structure to be demolished.
Such other information or documents as may be requested by the Heritage Commission.
13-20.040 - Heritage Commission action.
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(a)
(b)
(a)
(b)
(c)
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.
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 person to the Planning Commission. The
appeal shall be taken by filing with the Secretary of the Planning Commission 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
hearing at the next available regular meeting of the Planning Commission. The Planning Commission
shall conduct a hearing de novo on the appeal and may adopt, reject or modify the recommendations of
the Heritage Commission.
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 determined that:
The proposed work is consistent with the purposes and objectives of this Chapter.
The proposed work does not adversely affect the character of the designated historic landmark,
heritage lane or historic district.
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.
8/27/2019 Saratoga, CA Code of Ordinances
11/12
(a)
(b)
13-20.080 - Hardship.
Notwithstanding Section 13-20.070, the Planning Director, on the recommendation of the Heritage Commission, or
the Planning Commission or City Council on appeal, may approve an application for a permit to conduct any proposed
work upon or within a designated historic landmark or property located within a designated heritage lane or historic
district, if the applicant presents clear and convincing evidence demonstrating that a disapproval of the application will
work immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry
out the proposed work or because of conditions peculiar to the particular improvement, building, structure, topography
or other feature involved. If a hardship is found to exist under this Section, the Heritage Commission or the Planning
Commission or City Council shall make a written finding to that effect, and shall specify the facts and reasons relied
upon in making such finding.
Article 13-25 - MISCELLANEOUS PROVISIONS
Sections:
13-25.010 - Fees.
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.
The City Council shall by resolution adopt a schedule of fees to be charged for the filing and processing of
applications for any permit required under Section 13-20.010, and appeals to the Planning Commission
and City Council pursuant to Section 13-20.060.
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, reconstruction, alteration, restoration, demolition or removal of any designated
historic landmark or property located within a designated heritage lane or historic district which has been certified by
the City building inspector, or fire chief, or other code enforcement officer as being in unsafe or dangerous condition
which cannot be rectified through the use of the California State Historic Building Code.
13-25.030 - Duty to keep in good repair.
The 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 specified in the designating
ordinance or permit, and all interior portions thereof whose maintenance is necessary to prevent deterioration and
decay of any exterior architectural feature or natural feature.
13-25.040 - Enforcement.
8/27/2019 Saratoga, CA Code of Ordinances
12/12
(a)
(b)
(1)
(2)
(3)
(4)
The violation of any provision contained in this Chapter is hereby declared to be unlawful and shall constitu
misdemeanor, subject to the penalties as prescribed in Chapter 3 of this Code.
The Planning Director shall have the duty and authority to enforce the provisions of this Chapter, and any
other laws, rules or regulations of the City which govern or relate to the issuance of permits for work to
be performed upon or within a designated historic landmark or property located within a designated
heritage lane or historic district, by any or all of the following means:
Serving notice upon the owner or occupant requiring the correction or removal of any violation of
this Chapter.
Issuance of citations for violation of any provision of this Chapter.
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.
Request enforcement assistance from the County Sheriff's Department and the City Community
Service Officers.
Certified Local Government Program -- 2017-2018 Annual Report
(Reporting period is from October 1, 2017 through September 30, 2018)
1
Complete Se
Name of CLG
City of Saratoga, Heritage Preservation Commission
Report Prepared by: Sandy L. Baily, Special Projects Manager Date of commission/board review: November 13, 2018
Minimum Requirements for Certification
I. Enforce Appropriate State or Local Legislation for the Designation and Protection of Historic Properties.
A. Preservation Laws
1. What amendments or revisions, if any, are you considering to the certified ordinance? Please forward drafts or proposals.
REMINDER: Pursuant to the CLG Agreement, OHP must have the opportunity to review and comment on ordinance
changes prior to adoption. Changes that do not meet the CLG requirements could affect certification status.
Heritage Preservation Commission membership requirements introduced by City Council on September 19, 2018.
Scheduled for adoption on October 3, 2018. Draft was forwarded to OHP for review on July 24, 2018.
2. Provide an electronic link to your ordinance or appropriate section(s) of the municipal/zoning code.
https://www.municode.com/library/ca/saratoga/codes/code_of_ordinances?nodeId=CH13HEPR
INSTRUCTIONS: This a Word form with expanding text fields and check boxes. It will probably open as Read-Only. Save it to your computer before
you begin entering data. This form can be saved and reopened.
Because this is a WORD form, it will behave generally like a regular Word document except that the font, size , and color are set by the text field.
• Start typing where indicated to provide the requested information.
• Click on the check box to mark either yes or no.
• To enter more than one item in a particular text box, just insert an extra line (Enter) between the items.
Save completed form and email as an attachment to Lucinda.Woodward@parks.ca.gov. You can also convert it to a PDF and send as an email
attachment. Use the Acrobat tab in WORD and select Create and Attach to Email. You can then attach the required documents to that email. If the
attachments are too large (greater than10mb total), you will need to send them in a second or third email.
Certified Local Government Program -- 2017-2018 Annual Report
(Reporting period is from October 1, 2017 through September 30, 2018)
2
B. New Local Landmark Designations (Comprehensive list of properties/districts designated under local ordinance, HPOZ,
etc.)
1. During the reporting period, October 1, 2017 – September 30, 2018, what properties/districts have been locally
designated? None
REMINDER: Pursuant to California Government Code § 27288.2, “the county recorder shall record a certified resolution establishing
an historical resources designation issued by the State Historical Resources Commission or a local agency, or unit thereof.”
2. What properties/districts have been de-designated this past year? For districts, include the total number of resource
contributors. None
Property Name/Address Date Removed
Type here. Type here.
C. Historic Preservation Element/Plan
1. Do you address historic preservation in your general plan? ☐ No
☐ Yes, in a separate historic preservation element. ☒ Yes, it is included in another element.
Provide an electronic link to the historic preservation section(s) of the General Plan.
http://www.saratoga.ca.us/DocumentCenter/Home/View/49
Pages 18, 19, 26-28 and 46-48
Property Name/Address Date Designated If a district, number of
contributors
Date Recorded by County
Recorder
Type here. Type here. Type here. Type here.
Certified Local Government Program -- 2017-2018 Annual Report
(Reporting period is from October 1, 2017 through September 30, 2018)
3
2. Have you made any updates to your historic preservation plan or historic preservation element in your community’s
general plan? ☐ Yes ☒ No If you have, provide an electronic link. Type here.
3. When will your next General Plan update occur? 2019
D. Review Responsibilities
1. Who takes responsibility for design review or Certificates of Appropriateness?
☐ All projects subject to design review go the commission.
☒ Some projects are reviewed at the staff level without commission review. What is the threshold between staff-only
review and full-commission review? The Heritage Preservation Commission reviews and comments upon all applications for
building and demolition permits involving work to be performed upon or within a designated 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 significantly affecting any heritage resource or potential heritage resource if
older than 50 years.
2. California Environmental Quality Act
• What is the role of the staff and commission in providing input to CEQA documents prepared for or by the local
government? Typically the Heritage Preservation Commission (HPC) reviews a proposed project that involves a
historic resource prior to completion of the CEQA document. HPC comments are provided to the environmental
consultant who prepares the CEQA document.
• What is the role of the staff and commission in reviewing CEQA documents for projects that are proposed within the
jurisdiction of the local government? When applicable, CEQA documents are sent to the HPC for their review and
comment.
3. Section 106 of the National Historic Preservation Act
Certified Local Government Program -- 2017-2018 Annual Report
(Reporting period is from October 1, 2017 through September 30, 2018)
4
• What is the role of the staff and commission in providing input to Section 106 documents prepared for or by; the local
government? The City of Saratoga is not a federal agency and there have been no federal related projects involving a
Saratoga heritage resource this reporting period.
• What is the role of the staff and commission in reviewing Section 106 documents for projects that are proposed within
the jurisdiction of the local government? If a project was subject to Section 106, the HPC would review and provide
comments on the matter.
II. Establish an Adequate and Qualified Historic Preservation Review Commission by State or Local Legislation.
A. Commission Membership
Name Professional Discipline Date Appointed Date Term Ends Email Address
Alexandra Nugent Retired Educator
Saratoga Historical Foundation
Nominee
4/2012 12/31/2020 anugent@saratoga.ca.us
Larry Schuck Construction
Architectural/Building
Professional
4/2013 12/31/2017 lschuck@saratoga.ca.us
Annette Stransky Retired Educator
Member at Large (Interest in
Historic Preservation)
4/2012 12/31/2020 astransky@saratoga.ca.us
Rina Shah City Planner 1/2011 12/31/2018 rshah@saratoga.ca.us
Marilyn Marchetti Marketing/Sales/Advertising
Member at Large (Interest in
Historic Preservation)
4/2011 12/31/2019 mmarchetti@saratoga.ca.us
Paula Cappello Director of Children’s Fund
Member at Large (Interest in
Historic Preservation)
4/2012 12/31/2018 pcappello@saratoga.ca.us
Dr. Jo Rodgers College Professor
Architectural
History/Anthropology
12/2016 12/31/2020 jrodgers@saratoga.ca.us
Certified Local Government Program -- 2017-2018 Annual Report
(Reporting period is from October 1, 2017 through September 30, 2018)
5
Attach resumes and Statement of Qualifications forms for all members.
1. If you do not have two qualified professionals on your commission, explain why the professional qualifications not been met
and how professional expertise is otherwise being provided. NA
2. If all positions are not currently filled, why is there a vacancy, and when will the position will be filled? One members term
expired and the City has had no applications filed requesting to be on the Commission.
B. Staff to the Commission/CLG staff
1. Is the staff to your commission the same as your CLG coordinator? ☒ Yes ☐ No
2. If the position(s) is not currently filled, why is there a vacancy? Type here.
Attach resumes and Statement of Qualifications forms for staff.
C. Attendance Record
Please complete attendance chart for each commissioner and staff member. Commissions are required to meet four times a
year, at a minimum. If you haven’t met at least four times, explain why not.
Name/Title Discipline Dept. Affiliation Email Address
Nicole Johnson
City Planner
Planning njohnson@saratoga.ca.us
Commissioner/Staff Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Aug
special
Sept
cancelled
Larry Schuck (Term expired in
December) ☒ ☒ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐
Alexandra Nugent ☒ ☒ ☒ ☒ ☒ ☒ ☒ ☒ ☒ ☒ ☒ ☒
Annette Stransky ☒ ☒ ☒ ☒ ☒ ☒ ☒ ☒ ☒ ☒ ☒ ☒
Certified Local Government Program -- 2017-2018 Annual Report
(Reporting period is from October 1, 2017 through September 30, 2018)
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D. Training Received
Indicate what training each commissioner and staff member has received. Remember it is a CLG requirement is that all
commissioners and staff to the commission attend at least one training program relevant to your commission each year. It is
up to the CLG to determine the relevancy of the training.
Commissioner/Staff
Name
Training Title & Description
(including method
presentation, e.g., webinar,
workshop)
Duration of Training Training Provider Date
Alexandra Nugent CA Modern Architecture
webinar
1.5 hours California Preservation
Foundation
August 14, 2018
Annette Stransky CA Modern Architecture
webinar
1.5 hours California Preservation
Foundation
August 14, 2018
Rina Shah CA Modern Architecture
webinar
1.5 hours California Preservation
Foundation
August 14, 2018
Marilyn Marchetti CA Modern Architecture
webinar
1.5 hours California Preservation
Foundation
August 14, 2018
Paula Cappello CA Modern Architecture
webinar
1.5 hours California Preservation
Foundation
August 14, 2018
Dr. Jo Rodgers CA Modern Architecture
webinar
1.5 hours California Preservation
Foundation
August 14, 2018
Nicole Johnson CA Modern Architecture
webinar
1.5 hours California Preservation
Foundation
August 14, 2018
Rina Shah ☒ ☒ ☒ ☒ ☒ ☐ ☒ ☒ ☒ ☒ ☒ ☒
Marilyn Marchetti ☒ ☒ ☒ ☐ ☐ ☒ ☒ ☒ ☒ ☐ ☒ ☒
Paula Cappello ☒ ☒ ☒ ☐ ☒ ☐ ☒ ☒ ☒ ☒ ☒ ☒
Dr. Jo Rodgers ☒ ☒ ☒ ☒ ☒ ☒ ☒ ☒ ☒ ☒ ☒ ☐
Certified Local Government Program -- 2017-2018 Annual Report
(Reporting period is from October 1, 2017 through September 30, 2018)
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III. Maintain a System for the Survey and Inventory of Properties that Furthers the Purposes of the National Historic
Preservation Act
A. Historical Contexts: initiated, researched, or developed in the reporting year (excluding those funded by OHP)
NOTE: California CLG procedures require CLGs to submit survey results, including historic contexts, to OHP. If you have not
done so, submit a copy (PDF or link if available online) with this report. None
Context Name Description How it is Being Used Date Submitted to
OHP
B. New Surveys or Survey Updates (excluding those funded by OHP)
NOTE: The evaluation of a single property is not a survey. Also, material changes to a property that is included in a survey,
is not a change to the survey and should not be reported here. None
How are you using the survey data? Type here.
C. Corrections or changes to Historic Property Inventory
Survey Area Context
Based-
yes/no
Level:
Reconnaissance
or Intensive
Acreage # of
Properties
Surveyed
Date
Completed
Date
Submitted to
OHP
Certified Local Government Program -- 2017-2018 Annual Report
(Reporting period is from October 1, 2017 through September 30, 2018)
8
Property
Name/Address
Additions/Deletions to
Inventory
Status Code Change
From _ To_
Reason Date of Change
IV. Provide for Adequate Public Participation in the Local Historic Preservation Program
A. Public Education
What public outreach, training, or publications programs has the CLG undertaken? How were the commissioners and staff
involved? Please provide copy of (or an electronic link) to all publications or other products not previously provided to OHP.
Item or Event Description Date
Created FAQ handouts regarding
Saratoga’s historic landmarks and Mills
Act program
Publications 2018
Blossom Festival Commissioners staffed a booth to promote the City’s historic
preservation and heritage tree programs
6/23/2018
State of the City Address Commissioners staffed a booth to promote the City’s historic
preservation and heritage tree programs
4/28/18
Arbor Day Commissioners staffed a booth to promote the City’s historic
preservation and heritage tree programs
4/25/2018
National Heritage Preservation Month City Council proclaimed May as National Heritage Preservation
Month
5/2/2018
Sponsored presentation as part of
National Heritage Preservation Month
“From a Circa 1890 Barn to an Award Winning Office Space” was
presented by developer Craig Awbry.
5/6/2018
Certified Local Government Program -- 2017-2018 Annual Report
(Reporting period is from October 1, 2017 through September 30, 2018)
9
Item or Event Description Date
Sponsored display as part of National
Heritage Preservation Month
Sponsored a Saratoga Public Library display of several Saratoga
historic resources and heritage trees.
5/2018
V. National Park Service Baseline Questionnaire for new CLGs (certified after September 30, 2017).
• NOTE: OHP will forward this information to the NPS on your behalf. Guidance for completing the Baseline Questionnaire is
located at http://www.nps.gov/clg/2015CLG_GPRA/FY2013_BaselineQuestionnaireGuidance-May2015.docx.
A. CLG Inventory Program
1. What is the net cumulative number of historic properties in your inventory at the time of your certification? This is the
total number of historic properties and contributors to districts (or your best estimate of the number) in your
inventory from all programs, local, state, and Federal. Type here.
Program Area Number of Properties
Type here.
Type here.
B. Local Register (i.e., Local Landmarks and Historic Districts) Program
1. As of September 30, 2017, did your local government have a local register program to create local landmarks/local
historic districts (or a similar list of designations created by local law? ☐ Yes ☐ No
2. If the answer is yes, what is the net cumulative number (or your best estimate of the number) of historic properties (i.e.,
contributing properties) locally registered/designated as of September 30, 2017.? Type here.
C. Local Tax Incentives Program
Certified Local Government Program -- 2017-2018 Annual Report
(Reporting period is from October 1, 2017 through September 30, 2018)
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1. As of September 30, 2017, did your local government have a local historic preservation tax incentives program (e.g. Mills
Act)? ☐ Yes ☐ No
2. If the answer is yes, what is the cumulative number (or your best estimate of the number) of historic properties whose
owners have taken advantage of those incentives as of September 30, 2017? Type here.
D. Local “Bricks and Mortar” Grants/Loans Program
1. As of September 30, 2017 did your local government have a locally-funded, historic preservation grants/loan program for
rehabilitating/restoring historic properties? Type here.
2. If the answer is yes, what is the cumulative number (or your best estimate of the number) of historic properties assisted by
these grants or loans as of September 30, 2017? Type here.
E. Local Design Review/Regulatory Program
1. As of September 30, 2017, did your local government have a historic preservation regulatory law(s) (e.g., an ordinance
requiring Commission/staff review of 1) local government undertakings and/or 2) changes to or impacts on properties with
a historic district? ☐ Yes ☐ No
2. If the answer is yes, what is the cumulative number (or your best estimate of the number) of historic properties that your
local government has reviewed under that process as of September 30, 2017? Type here.
F. Local Property Acquisition Program
1. As of September 30, 2017, did your local government by purchase, donation, condemnation, or other means help to
acquire or acquire itself some degree of title (e.g., fee simple interest or an easement) in historic properties?
☐Yes ☐No
2. If the answer is yes, what is the cumulative number (or your best estimate of the number) of historic properties with a
property interest acquisition assisted or carried out by your local government as of September 30, 2017?
Type here.
Certified Local Government Program -- 2017-2018 Annual Report
(Reporting period is from October 1, 2017 through September 30, 2018)
11
VI. Additional Information for National Park Service Annual Products Report for CLGs (certified before October 1, 2017)
NOTE: OHP will forward this information to NPS on your behalf. Please read “Guidance for completing the Annual Products
Report for CLGs” located http://www.nps.gov/clg/2015CLG_GPRA/FY2014_AnnualReportGuidance-May2015.docx.
A. CLG Inventory Program
During the reporting period (October 1, 2017-September 30, 2018) how many historic properties did your local government
add to the CLG inventory? This is the total number of historic properties and contributors to districts (or your best estimate of
the number) added to your inventory from all programs, local, state, and Federal, during the reporting year. These might
include National Register, California Register, California Historic Landmarks, locally funded surveys, CLG surveys, and local
designations.
Program area Number of Properties added
Local
One
B. Local Register (i.e., Local Landmarks and Historic Districts) Program
1. During the reporting period (October 1, 2017-September 30, 2018) did you have a local register program to create
local landmarks and/or local districts (or a similar list of designations) created by local law? ☒Yes ☐ No
2. If the answer is yes, then how many properties have been added to your register or designated from October 1, 2017
to September 30, 2018? None
C. Local Tax Incentives Program
1. During the reporting period (October 1, 2017-September 30, 2018) did you have a Local Tax Incentives Program, such
as the Mills Act? ☒ Yes ☐ No
2. If the answer is yes, how many properties have been added to this program from October 1, 2017 to September 30,
2018? None
Certified Local Government Program -- 2017-2018 Annual Report
(Reporting period is from October 1, 2017 through September 30, 2018)
12
Name of Program Number of Properties Added During
2017-2018
Total Number of Properties Benefiting
From Program
Type here.
D. Local “bricks and mortar” grants/loan program
1. During the reporting period (October 1, 2017-September 30, 2018) did you have a local government historic
preservation grant and/or loan program for rehabilitating/restoring historic properties? ☐Yes ☒No
2. If the answer is yes, then how many properties have been assisted under the program(s) from October 1, 2017 to
September 30, 2018? Type here.
Name of Program Number of Properties that have Benefited
Type here. Type here.
E. Design Review/Local Regulatory Program
1. During the reporting period (October 1, 2017-September 30, 2018) did your local government have a historic
preservation regulatory law(s) (e.g., an ordinance) authorizing Commission and/or staff review of local government
projects or impacts on historic properties? ☒ Yes ☐ No
2. If the answer is yes, how many historic properties did your local government review for compliance with your local
government’s historic preservation regulatory law(s) from October 1, 2017 to September 30, 2018? Ten
F. Local Property Acquisition Program
Certified Local Government Program -- 2017-2018 Annual Report
(Reporting period is from October 1, 2017 through September 30, 2018)
13
1. During the reporting period (October 1, 2017-September 30, 2018) did you have a local program to acquire (or help to
acquire) historic properties in whole or in part through purchase, donation, or other means? ☐Yes ☒ No
2. If the answer is yes, then how many properties have been assisted under the program(s) from October 1, 2017 to
September 30, 2018? Type here.
Name of Program Number of Properties that have Benefited
Type here. Type here.
VII. In addition to the minimum CLG requirements, OHP is interested in a Summary of Local Preservation Programs
A. What are your most critical preservation planning issues? Educating the residents and public about historic preservation
to gain their support to add properties and trees to the local heritage inventory.
B. What is the single accomplishment of your local government this year that has done the most to further preservation in
your community? Installed the first two Point of Interest Site Markers which commemorate events and places that are
indentified with Saratoga but are no longer in existence.
C. What recognition are you providing for successful preservation projects or programs? Saratoga honors homeowners who
protect trees that have a historic value related to the heritage of the City. Saratoga offers a Mills Act tax incentive program
and provides plaques to landmark properties.
D. How did you meet or not meet the goals identified in your annual report for last year? Met goals by adding six trees to the
City’s Heritage Tree Inventory. Implemented the City’s Point of Interest Site Marker program by installing two Point of
Interest Site Markers. Created FAQ brochures for Historic Landmarks and the Mills Act Program. Did not fully meet the
goal of adding properties to the Heritage Resource Inventory as only one property was added.
Certified Local Government Program -- 2017-2018 Annual Report
(Reporting period is from October 1, 2017 through September 30, 2018)
14
E. What are your local historic preservation goals for 2018-2019? Receive City Council approval and install at least one
Point of Interest Marker. Add more properties to the Heritage Resource Inventory and add more trees to the Heritage
Tree Inventory.
F. So that we may better serve you in the future, are there specific areas and/or issues with which you could use technical
assistance from OHP? None at this time
G. In what subject areas would you like to see training provided by the OHP? How you like would to see the training
delivered (workshops, online, technical assistance bulletins, etc.)?
Training Needed or Desired Desired Delivery Format
Understanding the issues involved in considering an
application to relocate a historic structure.
Online
H. Would you be willing to host a training working workshop in cooperation with OHP? ☐Yes ☒ No
G. Is there anything else you would like to share with OHP?
XII Attachments
☒Resumes and Statement of Qualifications forms for all commission members/alternatives and staff
☒Minutes from commission meetings
☒Drafts of proposed changes to the ordinance
☐Drafts of proposed changes to the General Plan
☒Public outreach publications
Email to Lucinda.Woodward@parks.ca.gov
Page 1 of 1
MEMORANDUM
MEETING DATE: September 10, 2019
TO: Heritage Preservation Commission (HPC)
FROM: Nicole Johnson, Planner II
SUBJECT: Item 8a- 2019/2020 Workplan Update
Attached is the 2019/2020 City Council approved HPC workplan with the status
updates following each item.
2019-2020 HPC Workplan
1. Increase and update Heritage Resource Inventory- Continue their duty as HPC
commissioners to recommend and add residences, commercial structures, districts, and
lanes onto the Heritage Resource Inventory. ON-GOING
2. Plaques/Point of Interest Markers - To properly recognize heritage resources and
properties of special interest in our City, the HPC would like to continue recommending
to Council special sites that warrant a Point of Interest Marker, providing plaques to
designated Landmark sites, and reinstate awarding plaques to sites that contain
designated Heritage Trees. NO POI PROPOSED TO CITY COUNCIL TO DATE.
3. Public Outreach – Continue to participate in City events such as the Blossom Festival,
Arbor Day, Historic Preservation Month, the State of the City, and provide information
about the Commission at these events. ON-GOING
4. Continuing Education - The City of Saratoga is a Certified Local Government (CLG)
recognized by the State of California Office of Preservation (OHP). The CLG requires
that all commissioners receive annual training in Historic Preservation. ON-GOING
5. Heritage Lane City Code Amendment- Currently the HPC has the responsibility to
review and comment upon all applications for building, demolition, grading or tree
removal permits involving work to be performed upon or within a designated 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 significantly affecting any heritage resource. City staff
recently discussed the duties of the HPC with the City Attorney for clarification. It was
determined that the HPC had the authority to only review building, demolition, grading
or tree removal permits that were upon or within the public right-of-way of the heritage
lane portion of Saratoga Avenue. NO UPDATE
The HPC is requesting that City Code Sections 13-05.020 and 13-10.040 be amended
so that building, demolition, grading and tree removal permits on private property
adjacent to the heritage lane portion of Saratoga Avenue also be required to be reviewed
by the HPC (Attachment 1). TENTATIVELY SCHEDULED TO GO TO
NOVEMBER 6, 2019 CITY COUNCIL MEETING.
6. Saratoga Avenue (Heritage Lane) Inventory- Review, update, video and inventory of
all the homes, fences and trees along the portion of Saratoga Avenue that is designated as
Heritage Lane, for potential to add to the City’s Heritage Resource Inventory. This project
may require a professional videographer. NO UPDATE
7. Heritage Orchard Master Plan – As part of the City’s process in updating the Heritage
Orchard Master Plan, review the goals and polices in the 2001 Heritage Orchard Master
Plan, update accordingly and work on the long-term management of the orchard. ON-
GOING
8. War Memorial Arch – Provide the required documentation to include Saratoga’s War
Memorial Arch located in Blaney Plaza, as part of the World War I Memorial Inventory
Project (WWIMIP) which is an online inventory of World War I memorials and
monuments in the United States and U.S. territories. The WWIMIMIP is working in
partnership with the United States World War I Centennial Commission. A Mobile
Application has been established to invite and enable public participation in locating,
documenting, and providing a preliminary condition assessment of all the World War I
memorials and monuments in the United States. STAFF IS RESEARCHING PROCESS.
9. Village Inventory-Review, update, video and inventory the buildings facing Big Basin
Way for historical significance. This project may require a professional videographer. NO
UPDATE
Page 1 of 1
MEMORANDUM
MEETING DATE: September 10, 2019
TO: Heritage Preservation Commission (HPC)
FROM: Nicole Johnson, Planner II
SUBJECT: Item 8b- Heritage Orchard Master Plan Update
The text received from the Commissioners on their sections has compiled and
placed in one document for review included in Attachment 1. In addition, potential
maintenance questions are included in Attachment 2.
Attachment 3 is a City Council staff report from 2008 that was prepared discussing
the Heritage Orchard Preservation/protection status.
Heritage Preservation Commission
Heritage Orchard Master Plan Update Work Plan
September 10, 2019
April
2019
•Kick off meeting
•Consider a subcommittee for specific tasks
May 14-June
11
2019
•Review existing Master Plan and context of the Heritage Orchard
•Research similar city orchards
•i.e. Los Altos, Santa Clara County, Sunnyvale
•Heritage Orchard tour with Matt, Kate and John (completed 4/29/19)
July 8 -
August 13
2019
•Review and update goals and recommendations for the orchard.
•Consider the function of the orchard -working orchard, educational and/or historic
center.
•Update implementation measures of the plan with phasing schedule
September 10-
November 12
2019
•Update site inventory and master plan maps
•Consider update of photographs and illustrations for Master Plan
•Staff to begin processing draft Master Plan
December 10-
January 14
2019
•Staff finalizes first draft plan and presents to HPC for final review
February 11-
March 10
2020
•Staff completes final draft Master Plan for reivew by HPC
April-May
2020
•Staff prepares report to the City Council
•project exempt per CEQA Section 15331
•Presentation of Master Plan to City Council
1.Purpose
2.Introduction
3.Site Description
4.History
5.Vision Statement
6.Goals
—————————————————————
7.Existing Conditions - (we will need to get others from John, Norm, etc.)
—————————————————————
8.Recommendations (Action Plan)
9.Maintenance /Management Plan
10.Orchard Preservation Plan
11.Orchard Update Plan
Phase 1
Phase 2
12.Previous Accomplishments
13.Summary
14.Acknowledgments
15.Appendix (Exhibits)
Attachment 1
Purpose
In March of 2019, the Saratoga City Manager and the City Council asked the Heritage
Preservation Commission (HPC) to update the 2001 Master Plan for the Heritage Orchard, with
a completion date of 2020. The Heritage Orchard was placed on the heritage inventory list in
1984❶❷,and the HPC has always been assigned as the stewards of the plan. The HPC
immediately began researching information, including site visits to Heritage Orchards located in
surrounding cities. The commission toured the Saratoga Heritage Orchard with the Orchardist
and the Community Development Director and held meetings with the Public Works Director
and the Orchardist regarding orchard production and maintenance. The information contained
in this report includes the history, vision, objectives and accomplishments of the 2001 Master
Plan, key issues faced today, and recommendations for updating the Master Plan for the
continued success of the Heritage Orchard.
Introduction
The Heritage Orchard is recognized by the residents
of Saratoga as a living jewel and community landmark.
The orchard is located at 13650 Saratoga Avenue and
is formally called the Central Park.❸ The land is
bordered by Wildcat Creek, Fruitvale Avenue,
Saratoga Avenue, and Sacred Heart church.
Saratoga Avenue is also a designated Heritage Lane.
The land was purchased in 1972 to construct the
Saratoga Library and parking lot, which faces
Saratoga Avenue. When the addition to the library was
added. the total land for the library became 4.3 acres.
The working orchard was established and protected because it
was one of the last remaining orchards in Saratoga and it
preserves the agricultural heritage of Saratoga. Central Park
consists of 13.9 acres of apricots, cherries and prunes. The
site was originally part of Quito Rancho and later owned, in the
1880s, by the Marian family. In the 1920s the property was
owned by FC Cox, who farmed apricots and prunes for 30
years, and in the 1950s the land was owned and farmed by
three generations of the Seagrave family.
The Heritage Preservation Commission created a Master Plan in 2001 that addressed orchard
preservatiaon, educational opportunities, maximizing the views of the orchard, minimizing
intrusion of site improvements, maintaining the orchard and implementing a tree adoption
program.
Site Description
The Heritage Orchard is located on the southwest corner of Saratoga Avenue and Fruitvale
Avenue, south of the Saratoga Library, in the City of Saratoga at 13650 Saratoga Avenue. The
site is bounded by Saratoga Avenue to the north, Fruitvale Avenue to the East, Saratoga Civic
Center to the south and Sacred Heart Catholic Church and School to the west (see Figure 1).
This Heritage Orchard (Designated City Landmark HP-88-01) is also called Central Park
Orchard and is a working prune and apricot orchard comprising of 100+ orchard trees (see
attached tree inventory) on a 13.9-gross acre site.
History
Santa Clara Valley consists of most of Santa Clara County, including San Jose and a small
portion of San Benito County. The valley, named after Mission Santa Clara, was known as the
Valley of Heart’s Delight during the period of 1890 to the 1950’s a reference to its high
concentration of fruit orchards. Until the 1960s, it was the largest fruit producing and packing
region in the world, with 39 canneries. Innovations in the areas of planting, drying, canning, and
Figure 1: Heritage Park
care of fruit blossomed. At one time the Santa Clara Valley produced 1/3 of the world’s
consumption of prunes. After WWII, as men and women returned from the war, high tech firms
were attracted to California. Orchards were pulled to make room for homes and factories, and
the Valley of Heart’s Delight became known as Silicon Valley.
Saratoga had it’s share of contributions during this time including Glen Una, the largest prune
ranch, the Blossom Festival which ran for 41 successive years, and inventions of the prune
dipper by Luther Cunningham, whose company became FMC.
The Heritage Orchard site was originally part of Quito Rancho and later owned, in the 1880s, by
the Marian family. In the 1920s the property was owned by FC Cox, who farmed apricots and
prunes for 30 years, and in the 1950s the land was owned and farmed by three generations of
the Seagrave family.
In 1972, the City of Saratoga bought 11.3 acres to build the Saratoga Library. In 1973, the city
bought 4.2 acres, and, in 1977, an additional 2.6 acres were purchased. In 1978, the
Novakovich family became the managers of the Heritage Orchard for the city.
❺In 1984, the city approved the DPR written by the HPC and placed the orchard on the heritage
resource inventory. Note the DPR referred to the property as Central Park Orchard. In 1986, a
sign was placed calling the land Central Park /Heritage Orchard.
As land began to be developed, builders looked to use the Heritage Orchard for other purposes
including soccer fields, a gymnasium and more. The public complained and voted in favor of
keeping the orchard as a piece of living history. In October 4, 2000 the City Council released
Resolution 00-049❼ blocking changes to the orchard with the expectation that the orchard
would be “maintained in perpetuity.”
In 2001, the Master Plan was written by the HPC and approved by the City Council. A Point of
Interest application concerning the Heritage Orchard was sent to the state but rejected by the
Office of Historic Preservation. On April 3, 2002, the City Council issued Resolution 02-021❽ to
remove specific trees from the orchard. In 2005 a gravel trail was added to the orchard
connecting the City Hall with the library. The trail was used extensively by Redwood Middle
School.
From 2000-2007, the orchard was also the site for the Mustard Faire and later from 2013-2019 it
was the site for the Blossom Festival. Both events were highly successful and drew many
people. Plans are in place to hold the Blossom Festival in 2020. Another asset acquired by the
city in 1990 was a classic-style Queen Anne farmhouse and called the Warner Hutton house
after its original owner. Built about 1895. the house was once located on 13495 Sousa Lane as
part of 200 acres farmed by Warner Hutton and his parents. It was later moved to its present
location, 13777 Fruitvale Avenue in 1990. It was listed on the prestigious National Register of
Historic Places in 2006.❾
Vision Statement
The vision for the Heritage Orchard is to preserve the rich agricultural history of Saratoga, in
perpetuity, for the education and enjoyment of the community.
The vision builds upon the achievements of the previous Master Plan for preserving this scenic
symbol of history, as well as continues to involve the residents of Saratoga in the unique life of a
working orchard.
SUGGESTION to change to >>>
“Preserve, in perpetuity, the Heritage Orchard to preserve/document/save? the rich agricultural
history of Saratoga for the education, involvement and enjoyment of the community.”
This vision statement builds upon the achievements of the previous Master Plan for preserving
this scenic symbol of history, as well as continues to involve the residents of Saratoga in the
unique life of a working orchard.
Goals
1.Preserve the 13.9 acre orchard as a working, productive orchard
2.Protect the 13.9 acre orchard in perpetuity by taking the appropriate legal conservation
easement steps
3.Provide guidelines for the proper stewardship and best practices of the orchard
4.Provide educational opportunities to learn about agricultural history of the area, orchard
management and operation and conduct events
5.Provide signage with the name of the orchard and additional informational signage
6.Maximize views of the orchard from the surrounding area to ensure the orchard is an
important part of the community image
7.Minimize intrusion of site improvements into the orchard that may disrupt orchard
maintenance operations or impact the natural appearance of the orchard
8.Maintain the orchard’s optimum health by implementing necessary orchard maintenance
and tree replacement programs
9.Develop outreach program to surrounding communities that have heritage orchards to
share ideas
Existing conditions
1.Preservation
The Heritage Orchard is one of the only parks in the City of Saratoga that preserves and
celebrates Saratoga’s rich agricultural history. Site does not have any recognition.
2.Size and use of the orchard
The orchard comprises of 14 acres of land consisting of fruit trees that produce fruit
crops which are grown for sale.
3.Inventory of trees
Approximately 1,400 fruit trees grow in the orchard, comprised of about 900 apricot
trees, 300 prune plums and 200 cherry trees. There are some maturing coast live oak
trees growing among the fruit trees. Trees are irrigated through a drip system using
water from a City owned well located on the site. Well water is sufficient to water the
trees as needed. Irrigation lines have been run along rows of trees and drip emitters are
placed at each tree.
4.Existing facilities
Currently there are no buildings in the orchard.
5.Irrigation
Trees are irrigated through a drip system using water from a City owned well located on
the site. Well water is sufficient to water the trees as needed. Irrigation lines run along
rows of trees and drip emitters are placed at each tree.
6.Climate and air quality
Due to climate change and global warming, the City may experience warmer days and
drier conditions. Air quality due to increase in vehicular traffic/parking/transit and
variations in temp. level of ozone layer are detrimental to the environment and to both
trees and orchard. Need to consider climate change and air quality when planning for
the continued health of the trees.
7.Soil conditions
The quality of the soil in the orchard is dry clayey soil type and needs to be aerated with
drip irrigation at all times for better production. The requirement of proper maintenance
plan, fertilization and care for the trees has not been implemented.
8.Pedestrian Pathways
There is currently one path of travel into the orchard, from the southern corner of the
orchard at Fruitvale Avenue, to the library. This path, along with any additional paths
constructed to link visitors with the barn or other structure, will impact the health of the
orchard.
9.Wildlife and domesticated animals
The existing orchard provides a habitat for a variety of local wildlife, including coyotes,
deer, bobcats, raccoons, skunks, opossums, birds, squirrels and gophers. The orchard
does not have a policy for the use of the park by residents with domestic dogs.
10.Security Fences
The orchard is not fenced. There are signs warning people not to pick the fruit, however,
people do take both individual pieces of fruit, and sometimes fill bags of fruit.
Review of the 2001 Master Plan & (Previous accomplishments?)
The 2001 Heritage Orchard Plan provided an overview of the history and makeup of the
Central Park Heritage Orchard, as well as guidelines for renovating the orchard and
recommendations for its future use. The Plan included six goals:
1.Preserve the orchard as a functioning agrarian use.
2.Provide educational opportunities to learn about agricultural history in the area
and orchard management and operations.
3.Maximize views of the orchard from the surrounding area to insure the orchard is
an important part of the community’s image.
4.Minimize intrusion of site improvements into orchard that may disrupt
orchard maintenance operations or impact the ‘natural appearance’ of the
orchard.
5.Ensure orchard is maintained in optimum health by implementing necessary
orchard maintenance and replacement programs.
6.Implement a Tree Adoption Program.
In the Master Plan, the Heritage Preservation Commission recommended the City replace any
dead or declining trees. At the time, the orchard consisted of three types of Prunus trees -
Apricots, Prunes and Cherry. The Master Plan called for the immediate replacement of 298
trees that were either dead or missing and 154 that were declining.
At the time the Master Plan was created, the Heritage Orchard included some native oaks
and other, non-orchard trees. The HPC recommended the City retain these trees, due to their
historic relationship to the orchard, noting that only “orchard trees” (fruit) would be planted in
the future.
The HPC expressed concern for the impact of pedestrian traffic through the orchard and
recommended that any pedestrian paths be “hard-packed, dirt paths” that would be created
on a yearly basis.
The HPC recommended a spray irrigations system be developed, in a “discing pattern”
between the tree rows. It was recommended that the system not only make use of the local
metered water, but also explore the creation of a sustainable well system that included a
“booster pump or holding tank system.” A feasibility test would be needed to confirm the
viability of a well at this site.
Three HPC recommendations were never implemented, including construction of an orchard
maintenance/educational program “barn” on the eastern portion of the site. To help promote
community involvement in the orchard, the HPC also recommended a tree adoption program
and a prominent sign, at the corner of Fruitvale and Saratoga Avenues, to identify the location
of the Heritage Orchard.
The proposed Master Plan implementation was divided into two phases. Phase One focused
on several capital improvements, including the removal of dead/declining trees, determining the
feasibility of a well, and designing an irrigation system. Phase Two included planting bare root
trees, well construction, and installing the irrigation system.
Maintenance Questions
1.What would an annual maintenance chart (calendar of maintenance activities) look
like, by month? (tree growth and tasks) –is the city is responsible for some tasks, or
are all possible tasks completed by an orchardist?
2.What sort of record keeping requirements should be created for the orchard and
the condition of the trees?
3.What irrigation plans do you recommend?
4.What pest and disease management plans do you recommend?
5.What weed management plans do you recommend?
6.Is each tree numbered? Or can they be identified by row and number?
7.Were any of the previous plan's suggested tree replacements done and can we get a
more accurate list?
8.What are the soil conditions and what are the practices used to maintain the best
soil conditions?
9.What suppliers are best used for replacement trees?
10.What are the best types / cultivars of replacement trees?
11.With regard to designing new signage what boundaries or limitations should be
considered; obviously signage cannot interfere with maintenance practices.
12.Describe methods for balancing the best care of the orchard and public access. Do
you have recommendations and parameters for how best to allow public access?
13.Is there an annual review or evaluation of orchard practices?
14.How best can the HPC stay involved in helping foster the best maintenance?
Attachment 2
Page 1 of 4
SARATOGA CITY COUNCIL
MEETING DATE: November 19, 2008 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Barbara Powell, DIRECTOR:
Assistant City Manager
Richard Taylor,
City Attorney
SUBJECT: Heritage Orchard Preservation – Current Status and Additional Options
RECOMMENDED ACTION:
Accept report and direct staff accordingly.
OVERVIEW:
At its July 2, 2008 meeting, the City Council held a joint meeting with the Heritage Preservation
Commission (HPC) and the Historical Foundation. As a part of the discussion, the Council
introduced the idea of reassigning oversight of the City’s Heritage Orchard from the HPC to the
recently reinstituted Parks and Recreation Commission. At its July 16, 2008 meeting, the City
Council discussed a number of issues related to the Orchard including:
1.Means to preserve the Heritage Orchard in perpetuity;
2.Potential recreational and cultural activities that could be undertaken in the Orchard in
order to better acquaint people (especially children) with the value of the Orchard and the
importance of its preservation; and
3. Assignment of oversight of the Orchard to a City Commission.
This staff report concerns items 1 and 3: means to preserve the Heritage Orchard in perpetuity
and assignment of oversight to a City Commission; a subsequent staff report will address
potential recreational and cultural activities.
BACKGROUND:
On March 27, 1973, Kathleen Mattsen conveyed to the City of Saratoga via Grant Deed four
parcels comprising 14 acres, bounded by Saratoga and Fruitvale Avenues. The Deed did not
place any restrictions on the use of the property, other than existing utility easements.
According to the City’s Historic Resources Inventory, the historic name of these parcels was the
Marion-Cox-Kitchen-Seagraves Ranch and the common name was Central Park Orchard. The
Inventory notes:
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Page 2 of 4
“Central Park Orchard exemplifies the agricultural era that was very
important in Saratoga’s early history. Many years ago, orchards of prunes
and apricots covered the Santa Clara Valley, particularly in and around
Saratoga. Orchards were the economic backbone of Saratoga. This
orchard has been owned by several prominent Saratoga families: the
Marion family in the 1880’s, F.C. Cox in the 1920’s and W. Seagrave in
the 1950’s.”
On August 15, 1984, the City Council, based on findings of the HPC, adopted Ordinance HP-3
(Attachment “A”), designating the property known as Central Park as a historic resource. The
HPC’s Report of Findings states:
1. Central Park has special historical, cultural, and aesthetic value as part of the heritage of
Saratoga and Santa Clara County.
2. Central Park satisfies [three criteria of the Heritage Preservation Ordinance in effect at
the time] in that its orchard exemplifies the agricultural use of land which once
dominated the Santa Clara Valley, it is an established visual feature of the neighborhood,
and contributes to the unique natural setting of Wildcat Creek which is of special
aesthetic interest and value.
Although the heritage resource designation was made under an earlier version of the Heritage
Preservation Ordinance, the City Council findings required to make the designation and the
substantive requirements applicable to the Orchard once designated are substantially identical to
the current ordinance provisions regarding historic landmarks. Therefore the Orchard is subject
to the requirements of the existing Heritage Preservation Ordinance that apply to historic
landmarks.
On September 6, 2000, the City Council adopted Resolution 00-046 (Attachment “B”), resolving
“. . .that the Heritage Orchard is herby recognized as a valuable asset to the community that
should be maintained for the enjoyment of generations to come”. Subsequently, on October 4,
2000, the City Council adopted Resolution 00-049 (Attachment “C”), amending Resolution 00-
046, by inserting the words “in perpetuity”, thus reading, “that the Heritage Orchard is hereby
recognized as a valuable asset to the community that should be maintained in perpetuity for the
enjoyment of generations to come”.
On September 5, 2001, the City Council, approved a “Heritage Orchard Master Plan”
(Attachment “D”), prepared by David Gates & Associates in consultation to the HPC. The stated
purpose of the Master Plan is to provide “. . .for the renovation of the existing orchard and (set)
out guidelines to control future uses in the interest of minimizing disruption of the existing
character or health of the orchard”. On April 3, 2002, the Council approved Resolution 02-021
(Attachment “E”), amending the Heritage Orchard Master Plan to allow the removal of non-
orchard trees.
Effect of Prior Council Actions:
The 1984 designation of Central Park as an historic landmark provides a considerable level of
protection of the land’s current use as an orchard. Under the City’s Heritage Preservation
Page 3 of 4
Ordinance, a permit is required for any activity that would “alter, demolish, remove, relocate or
otherwise change any . . . natural feature” of a historic landmark. (Saratoga City Code § 13-
20.10.) Permits may be issued only upon the recommendation of the Heritage Preservation
Commission or, if appealed, the Planning Commission or City Council. The designation
therefore ensures that any changes to the Orchard may proceed only after review by the HPC.
The resolutions adopted by subsequent City Councils serve to affirm the important status of the
Orchard; they do not impose any procedural requirements or protections beyond those provided
by the landmark designation.
As with any ordinance or resolution adopted by the City Council, the historic landmark
designation and subsequent resolutions may be amended or repealed by a future City Council.
The City’s Heritage Preservation Ordinance, however, imposes an additional procedural step not
typically required for Council action to amend or repeal an ordinance. Section13-15.100 of the
Code requires that prior to terminating a landmark designation a formal report must be prepared,
public hearings held, and a City Council finding made that “as a result of change in
circumstances, the designation is no longer consistent with the purposes and objectives of [the
Heritage Preservation Ordinance] and no longer satisfies any of the criteria” for designation as a
historic landmark.
Additional Preservation Measures:
The actions taken by the City Council thus far provide a considerable degree of procedural
protection. For example, because the Orchard is a historic landmark any alterations would need a
permit approved by the HPC (or the Planning Commission or City Council on appeal). If a use is
proposed that is inconsistent with the Orchard’s landmark status the City would need to remove
the designation in accordance with the procedures noted above. In addition, a major change in
use could require a General Plan amendment and would require amendment or repeal of the
various Orchard protection resolutions described above. A general plan amendment or change in
landmark status would require public hearings and would require preparation of documentation
in accordance with the California Environmental Quality Act (“CEQA”).
The City Council could provide a higher degree of protection by taking action that would limit
the ability of future City Councils to remove the heritage resource designation or other policy
protections described above. There are two primary approaches that the City Council could
pursue towards that objective:
1. Place an initiative measure on the ballot to have the voters reaffirm and readopt some or
all of the Orchard protection policies that have been adopted to date. As a general rule,
matters that have been approved by the voters may only be changed by the voters, not by
the City Council.
2. Place a historic preservation easement on the Orchard lands to limit use of the land to
purposes specified in the easement for perpetuity. This is a tool recommended by the
National Trust for Historic Preservation for significant historic resources. The Trust
summarizes these easements as follows:
“The term ‘preservation easement’ is commonly used to describe a type of conservation
easement – a private legal right given by the owner of a property to a qualified nonprofit
Page 4 of 4
organization or governmental entity for the purpose of protecting a property’s
conservation and preservation values. Conservation easements are used to protect land
that has outdoor recreational value, natural environmental value (including natural
habitat), open space (including farmland, forest land, and land with scenic value), or land
that has historic, architectural, or archaeological significance.”
Under a preservation easement the City would continue to own the property but would
transfer the rights represented by the easement to an easement-holding organization.
That would put that independent organization in the position of reviewing and approving
proposed uses of the Orchard for consistency with the easement.
Orchard Oversight
As discussed above, the Orchard’s status as a historic landmark makes it subject to permit review
by the HPC. Accordingly, the Council could direct that HPC be responsible for all Orchard
oversight. As an alternative, the Council could designate an alternate Commission to take
responsibility for Orchard oversight. The HPC would retain oversight of uses requiring a permit
unless the Heritage Preservation Ordinance is amended to change the oversight.
FISCAL IMPACTS:
If the Council desired to pursue either an initiative measure or a preservation easement, staff
would further investigate the necessary steps and related costs and would bring this information
to a future Council meeting.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
The current protections afforded the Heritage Orchard would remain in place.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment “A” -- Ordinance HP-3
Attachment “B” – Resolution 00-046
Attachment “C” – Resolution 00-049
Attachment “D” – Heritage Orchard Master Plan
Attachment “E” – Resolution 02-021
Project Status Worksheet
Staff/Commissioner
Assigned Status
Heritage Resource Inventory Candidates
Structures
14625 Big Basin Way Stransky
14285 Saratoga Av Rodgers
18495 Montpere Way Marchetti
13650 Saratoga Av (Library)Stransky Hold
13716 Saratoga Av Sacred Heart Rodgers
19246 DeHavilland Nugent
19222 DeHavilland Nugent
19223 DeHavilland Nugent
20520 Marion Rd Shah
20602 Marion Rd Shah
20996-21398 Congress Springs Rd (Quarry)Nugent
18530 Montpere Way Rodgers
14301 Saratoga Av Rodgers
Commissioner sent letter in 2017 to property owner. No response. Draft historic survey submitted May 2019. Due to
length of time since previous correspondence, letter will be prepared by staff to send to property owner to commence a
new 45 day review.
14321 Lutheria Way Stransky
20290 Orchard Road Stransky
20328 Orchard Road Stransky
Letter sent for 45 day comment period. Period up on January 14th. On January 2, 2019, staff was informed that the
property owner is not interested in having their house on the inventory.
20350 Orchard Road Stransky
Letter sent for 45 day comment period. Period up on January 14th. Owner has contacted City and is hesitant about being
put on inventory. Staff provided additional information and owner will contact City whether or not they are interested.
14220 Elva Ave - Russian Church Stransky
Letter sent for 45 day comment period. Period up on January 14th. Church responded that they do not want to be included
on the inventory
14104 Oak St Stransky
14791 Oak St
20318 Saratoga-Los Gatos Road Stransky Letter sent for 45 day comment period. Period up on January 14th. Owner in support of being on the inventory.
14404 Quito Rd Stransky
14900 Montalvo Road Stransky
20331 Orchard Road Stransky
Other
14120 Shadow Oaks - Tree Stransky
14250 Douglas Stransky
Historic Landmark
Markers (Point of Interest)
IN PROGRESS ITEMS
Page 1 of 3 8/27/2019
Item 8d
Project Status Worksheet
Staff/Commissioner
Assigned Status
Ohlone Indians Stranksy
Saloon Stranksy
Urban Railroad
Paper Mill
Paste Board Mill
Heritage Orchard Master Plan Update In progress
Saratoga Ave Heritage Lane Inventory
Village Inventory
Heritage Plaques/Signage
Memorial Park
Madronia Cemetary
Heritage Orchard
WWI Memorial Arch Johnson
Proposed Ord Amend (Saratoga Ave-Heritage Ln)Staff Tentatively scheduled for November 6, 2019 City Council Meeting
Grover House Development Update Staff Ongoing
Training
Events
Blossom Festival 2020
State of the City 2020
Arbor Day 2020
Preservation Month 2020
Approved 10,000.00
Balance 8,250.00
Other
Allocation for FY 19-20 (For POI Markers & Training)
Page 2 of 3 8/27/2019
Year/Fiscal Year Notes
Added
18500 Montpere Way 2015
19277 Shubert Dr 2017-2018
Lutheria Way Entrance Posts 14200 & 14221 Lutheria Way 2018-2019
13601 Saratoga Av St Andrew's 2018-2019
20331 Orchard Road 2018-2019
19461 DeHavilland Drive 2019-2020 Entrance Planter
19152 DeHavilland Drive 2019-2020 Entrance Planter
20390 Park Place 2019-2020 Saratoga Federated Church Bell
19201 Shubert Drive 2019-2020 Entrance Planter
19401 Shubert Drive 2019-2020 Entrance Planter
20331 Orchard Road 2019-2020 Peck House
Discontinued
19365 Allendale 2017 Owner did not want house on Inventory
Added
20331 Orchard Road 2019-2020 Peck House
Discontinued
20021 Bella Vista 2014 Lack of owner consent
14501-14503 Big Basin Way 2014 Lack of owner consent plus not eligible as it lacks sufficient integrity to its original design
14251 Fruitvale 2014 Lack of owner consent
14519 Big Basin Way 2014 Lack of owner consent
14413-14415 Big Basin Way (20640 Third St)2014 Lack of owner consent plus not eligible as it lacks sufficient integrity to its original design
14495 Big Basin Way 2014 Lack of owner consent plus not eligible as it lacks sufficient integrity to its original design
14754 Pierce Rd 2014 Lack of owner consent
Old Grandview Ranch 2015 Owner did not want house as a landmark
Heritage Tree Inventory
Added
Palm Trees - Yerba Santa Court 2017-2018
Point of Interest Markers
Installed
2017-2018
2017-2018
Village Design Guidelines 2019 Approved by CC 8/21/19
Publications
Heritage Tree Guidebook 2017
FAQ's Historic Preservation 2017
FAQ's Heritage Trees 2017
FAQ's Mills Act 2017-2018
FAQ's Landmarks 2017-2018
Training Federal Fiscal Year
Webinar CA Modern Architecture 2017/2018
Webinar Identifying and Treating Historic Wood 2018/2019
Webinar Examples in Sourcing and Repairing California's Historic
Stone Architecture 2018/2019
Completed/Discontinued
Heritage Resource Inventory
Landmarks