HomeMy WebLinkAbout06-08-2021 Heritage Preaservation Commission Agenda PacketPage 1 of 3
HERITAGE PRESERVATION COMMISSION
REGULAR MEETING
June 8, 2021
8:30 AM REGULAR MEETING
Participation Information:
This hearing will be entirely by teleconference. All Heritage Preservation
Commissioners and staff will participate via teleconference in compliance with the
Governor’s Executive Order N‐29‐20 suspending certain teleconference rules
required by the Ralph M. Brown Act. The purpose of this order was to provide the
safest environment for the public, elected officials, and staff while allowing for
continued operation of the government and public participation during the COVID‐
19 pandemic.
Members of the public can view and participate in Meeting by:
1. Using the Zoom website https://us02web.zoom.us/j/87151137031 or App
(Webinar ID 871 5113 7031) and using the tool to raise their hand in the
Zoom platform when directed by the Mayor to speak on an agenda item; OR
2. Calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID 871 5113
7031 and pressing *9 to raise their hand to speak on an agenda item when
directed by the Chair.
The public will not be able to participate in the meeting in person.
Methods of viewing the meeting will be listed on the meeting agenda. The meeting
is being conducted in compliance with the Governor’s Executive Order N‐29‐20
suspending certain teleconference rules required by the Ralph M. Brown Act. The
purpose of this order was to provide the safest environment for the public, elected
officials, and staff while allowing for continued operation of the government and
public participation during the COVID‐19 pandemic. The public will not be able to
participate in the meeting in person. In accordance with the Americans with
Disabilities Act and the Governor’s Executive Order, if you need assistance to
participate in this meeting due to a disability, please contact the City Clerk at
debbieb@saratoga.ca.us or calling 408.868.1216 as soon as possible before the
meeting. The City will use its best efforts to provide reasonable accommodations to
provide as much accessibility as possible while also maintaining public safety.
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1. Site Visit(s)
a. None
2. Call to Order
3. Roll Call- Annette Stransky, Marie Lopresto, Priya Shastri 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 May 11, 2021 and May 18, 2021 minutes
6. New Business
b. 20318 Saratoga -Los Gatos Ave
c. 13716 Saratoga Ave
d. Housing Element Update presentation
e. Presentation by Juliet Arroyo on the significance of survey and relevance to
the Secretary of the Interiors Standards
7. Staff Comments
8. Old Business
a. Heritage Preservation Ordinance update
• Update from Commissioners
9. Commission Items
a. Properties eligible to be on HRI (Marie and Annette)
b. Budget needed for:
a. Additional survey of Heritage Lane
b. Setting the correct location of markers for beginning and end of
the Heritage Lane.
c. survey of properties in the period of significance when the
Heritage Lane Ordinance was adopted.
c. Table at Community Harvest Day(volunteers)
d. Binder Index and information on research for new members
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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, Senior Planner, 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 June 4, 2021 at the City of Saratoga, 13777 Fruitvale Avenue,
Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us.
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HERITAGE PRESERVATION COMMISSION
REGULAR MEETING
DRAFT MINUTES
MAY 11, 2021
8:30 AM REGULAR MEETING
1. Site Visit(s)
a. None
2. Call to Order: Chair Shah called the meeting to order at 8:30 AM
3. Roll Call-
Present: Chair Rina Shah, Vice Chair Annette Stransky, Priya Shastri and Marie
Lopresto
Staff: Nicole Johnson, Senior Planner, Christian Fusco, Arborist
4. Oral Communications:
None
5. Approval of the April 13, 2021 minutes
SHAH/STRANSKY MOVED TO APPROVE THE MINUTES FOR THE APRIL 13,
2021 MEETING. MOTION PASSED. AYES: SHAH, SHASTRI, STRANSKY,
LOPRESTO. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE
6. New Business
a. 20715 Reid Lane-Heritage Tree Application:
STRANSKY/LOPRESTO MOVED TO RECOMMEND APPROVAL TO THE CITY
COUNCIL TO DESIGNATE THE TREE AT 20715 REID LANE AS A HERITAGE
TREE. MOTION PASSED. AYES: SHAH, SHASTRI, STRANSKY, LOPRESTO.
NOES: NONE. ABSTAIN: NONE. ABSENT: NONE
b. Heritage Preservation Ordinance update:
Nicole Johnson gave an overview of the changes to the City Code regarding
Heritage Preservation based on the direction from City Council. The HPC
discussed that this item needed additional review by the commission and
will continue item to the June HPC meeting. The commissioners decided to
conduct research and compile as a report to the City Council.
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c. Heritage Resource Inventory Process:
SHAH/STRANSKY. MOVED TO MOVE ITEM 6c BEFORE ITEMS 6 a AND b.
MOTION PASSED. AYES: SHAH, STRANSKY, SHASTRI, LOPRESTO. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
Chair Shah and Commissioner Stransky gave a presentation of why
preservation is important and the process of adding items to the Heritage
Resource Innovatory.
7. Staff Comments:
None
8. Old Business:
a. National Preservation Month
Nicole Johnson gave an overview of how the City has publicized National
Preservation Month and advertising of events on social media.
b. Project Status Update:
The HPC discussed their projects on the worksheet.
9. Commission Items:
• Commissioner Lopresto stated that Sharon Bender is interested in
joining the HPC and has submitted her application.
• Chair Shah asked that the preservation recording be posted and
shared ASAP.
10. Adjournment:
Chair Shah adjourned the meeting at 9:46 AM.
Minutes respectfully submitted:
Nicole Johnson, Senior Planner
City of Saratoga
.
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HERITAGE PRESERVATION COMMISSION
SPECIAL MEETING
DRAFT MINUTES
May 17, 2021
10:00 AM SPECIAL MEETING
1. Site Visit(s):
a. None
2. Call to Order: Chair Shah called the meeting to order at 10:00 AM
3. Roll Call:
Present: Chair Rina Shah, Vice Chair Annette Stransky, Priya Shastri and Marie
Lopresto
Staff: Nicole Johnson, Senior Planner, Kayla Nakamoto, Administrative Analyst,
Crystal Bothelio, Assistant City Manager
4. Oral Communications:
None
5. New Business
a. Saratoga Community Harvest and Outreach
Kayla Nakamoto presented a report and answered questions from the
HPC about the community outreach proposed for the Heritage Orchard.
6. Staff Comments:
None
7. Old Business:
None
8. Commission Items:
None
9. Adjournment:
Chair Shah adjourned the meeting at 10:25 AM.
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Minutes respectfully submitted:
Nicole Johnson, Senior Planner
City of Saratoga
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MEMORANDUM
MEETING DATE: June 8, 2021
TO: Heritage Preservation Commission (HPC)
FROM: Nicole Johnson, Senior Planner
SUBJECT: Item 8a- Heritage Preservation Ordinance update
Please see attached memo and comments from Chair Shah.
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Chair Shah, on behalf of HPC, would like to request rewording of the Historic Preservation
Ordinance
Chair Shah contacted historic consultant Franklin Maggi of Archives and Architecture on May
18, 2021 to inquire about the discrepancy on the Saratoga Heritage Lane’s 1991 DPR 523 which
stated, “Related Features” are “adjacent properties.”
His response was that they had not been able to research the “related features” aspect thoroughly
and not all were resources as they had not surveyed all of them. In his words: “However, there
were multiple properties on both sides of the Saratoga Avenue that are on the Inventory, and
they are important to providing context to Heritage Lane. It may have been the practice of the
City in earlier years to look at the non-listed properties for compatibility, but I have nothing to
confirm that.”
He further added that if the City were to pursue with the survey then his charges were as follows:
“If the City were to want the non-listed properties surveyed, I'd have to do a site visit and get a
handle again on what is there today. Typically, a primary record with some statement without
detailed analysis of significance would run in the $250/property range. Full DPR forms would
be much more. I'm not sure that such a survey would result in helping to preserve Heritage Lane
except for some additions to the Inventory of properties that were passed over prior to 2009. I
think Heritage Lane needs some kind of conservation area overlay to require that new or
remodeled property applications are done in a sensitive way to the historic character of this
street.”
Franklin Maggi of Archives and Architecture was unable to locate the underlying reference file
regarding the 1991 creation of Heritage Lane. Therefore, the description of “public right-of-way”
is not clearly defined and warrants a survey of the Heritage Lane to research further on what was
considered as “related features.”
HPC would respectfully like to request a study session with the City Council when the research
is completed and for now leave out the sentence in the Ordinance update which states, “it does
not include properties abutting any such public right-of-way.”
Since the City of Saratoga has to conform to the CLG requirements, we need to have clear facts
and surveys.
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Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is
indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged by this
ordinance.
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:
(a) Safeguard the heritage of the City by providing for the protection of irreplaceable
heritage resources representing significant elements of its history;
(b) Enhance the visual character of the City by encouraging and regulating the
compatibility of architectural styles within historic areas which reflect established
architectural traditions;
(c) Encourage public knowledge, understanding and appreciation of the City's past, and
foster civic and neighborhood pride and sense of identity based upon the recognition
and use of the City's heritage resources;
(d) Stabilize and improve property values within the City and increase the economic and
financial benefits to the City and its inhabitants derived from the preservation,
rehabilitation, and use of heritage resources;
(e) Integrate the conservation of heritage resources into the public and private
development process and identify as early as possible and resolve conflicts between the
preservation of such resources and alternative land uses.
13-05.020 - Definitions.
For the purposes of this Chapter, the following words and phrases shall have the meanings
respectively ascribed to them in this Section, unless the context or the provision clearly requires
otherwise:
(a) Alteration means any exterior change or modification of a designated historical
landmark, heritage resource, 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
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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.
(b) Designated h Heritage lane means a public right-of-way such as a street, road,
avenue, boulevard, pathway or trail that has been designated as a heritage resource
pursuant to this Chapter and excludes; it does not include properties abutting any
such public right-of-way designated as a.
(c) Designated h Historic district means a distinct section of the City, specifically
defined in terms of geographic boundaries, designated as a heritage resource pursuant to
this Chapter.
(d) Designated h Historic landmark means a building, improvement, structure, natural
feature, site or area of land under single or common ownership, designated as a heritage
resource pursuant to this Chapter.
(e) Exterior architectural feature means the 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.
(f) Heritage Preservation Commission means the historical preservation commission
established pursuant to this Chapter and Commissioner means a member of the Heritage
Preservation Commission.
(g) Commission staff means the Planning Community Development Director and
his/her authorized representatives.
(h) Heritage resource means any public or private property designated by the City,
pursuant to this Chapter, as a historic landmark, heritage lane, or historic district, and
those properties listed on the City's Heritage Resource Inventory.
(i) Heritage Resource Inventory means the City's official inventory of heritage
resources, as adopted and amended from time to time by resolution of the Heritage
Preservation 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.
(j) 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.
(k) Public Right-of-Way shall have the meaning set forth in section 15-06.570(a) of this Code.
Article 13-10 - HERITAGE PRESERVATION COMMISSION[1]
Sections:
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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; qualification 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:
(a) One of the members shall have been a candidate nominated by the Saratoga Historical
Foundation.
(b) A minimum of two of the members should be encouraged to appointed 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
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.
(a) The Community Development Director or designee shall act as Secretary for the Heritage
Preservation 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 Preservation Commission.
(b) The Heritage Preservation 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)
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13-10.040 - Powers and duties.
The Heritage Preservation 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 Preservation Commission shall have the following powers and duties:
(a) Conduct, or cause to be conducted, a comprehensive survey of properties within the
boundaries of the City for the purpose of establishing the Heritage Resource Inventory.
To qualify for inclusion in the Heritage Resource Inventory, a property must satisfy any
one or more of the criteria listed in Section 13-15.010 of this Chapter. The Inventory
which shall be publicized and periodically updated, and a copy thereof shall be kept on
file in the Planning Department.
(b) Recommend to the City Council specific proposals for designation as a historic
landmark, heritage lane or historic district.
(c) Recommend to the appropriate City agencies or departments projects and action
programs for the 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.
(d) Review and comment upon existing or proposed ordinances, plans or policies of the
City as they relate to heritage resources.
(e) Review and comment upon all applications for building, demolition, grading or tree
removal permits involving work to be performed upon or within a 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 any work, permit, or approval pertaining to or significantly affecting any
heritage resource. The Heritage Preservation Commission’s review for work
concerning a heritage lane shall be limited to applications for work to be
performed directly upon or within a designated heritage lane. The Commission's
comments shall be forwarded to the City agency or department processing the
application within thirty days after receiving the request for such comments.
(f) Investigate and report to the City Council on the availability of federal, state, county,
local or private funding sources or programs for the rehabilitation and preservation of
heritage resources.
(g) Cooperate with county, state and federal governments and with private organizations
in the pursuit of the objectives of heritage conservation.
(h) Upon the request of a property owner or occupant and at the discretion of the Heritage
Preservation Commission, render advice and guidance on the conservation,
rehabilitation, alteration, decoration, landscaping or maintenance of any heritage
resource; such voluntary advice and guidance shall not impose any regulation or control
over any property.
(i) Participate in, promote and conduct public information and educational programs
pertaining to heritage resources.
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(j) 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 Preservation 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 Preservation
Commission. To qualify for inclusion in the Heritage Resource Inventory without being
designated as a historic landmark, heritage lane or historic district, a property must satisfy
any one or more of the criteria listed below.
(a) It exemplifies or reflects special elements of the cultural, social, economic, political,
aesthetic, engineering or architectural history of the City, the County, the State or the
nation; or
(b) It is identified with persons or events significant in local, county, state or national
history; or
(c) It embodies distinctive characteristics of a style, type, period or method of
construction, or is a valuable example of the use of indigenous materials; or
(d) It is representative of the notable design or craft of a builder, designer, or architect; or
(e) It embodies or contributes to unique physical characteristics representing an
established and familiar visual feature of a neighborhood or district within the City; or
(f) It represents a significant concentration or continuity of site, buildings, structures or
objects, unified by past events or aesthetically by plan or physical or natural
development; or
(g) It embodies or contributes to a unique natural setting or environment constituting a
distinct area or district within the City having special character or special historical,
architectural or aesthetic interest or value.
13-15.020 - Applications.
(a) Applications for designation as a historic landmark, heritage lane or historic district,
or for inclusion on the Heritage Resource Inventory without being designated as a
historic landmark, heritage lane or historic district, may be submitted to the Heritage
Preservation Commission by any of the following:
(1) The owner or owners of a building, improvement, structure, natural feature, site or
area of land, requesting designation of their property as a historic landmark or
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requesting inclusion of their property on the Heritage Resource Inventory without
being designated as a historic landmark;
(2) The owners of at least sixty percent of the frontage of all recorded lots abutting a
street, road, avenue, boulevard, pathway or trail, or portion thereof public right-of-
way, requesting designation as a heritage lane;
(3) The owners of at least sixty percent of the area of all recorded lots within a specific
geographic section of the City, requesting designation of the entire section as a historic
district.
(b) The City Council or the Planning Commission may also, by resolution or motion, refer a
proposed designation to the Heritage Commission for its recommendation and the Heritage
Commission may consider a proposed designation upon its own initiative.
13-15.030 - Study of proposal.
The Heritage Preservation 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 Proposed Designations.
The City Council or the Planning Commission may, by resolution or motion, refer a
proposed designation to the Heritage Preservation Commission for its recommendation
and the Heritage Preservation Commission may consider a proposed designation upon its
own initiative.
(a) In the event designation of a historic landmark, heritage lane or historic district is proposed
by the City Council or Planning Commission or considered by the Heritage Preservation
Commission upon its own initiative, and in the further event the Heritage Preservation
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 Preservation Commission
shall mail written notice of its intended recommendation to each person whose name appears
on the latest available tax roll of the County as owning the property, or any portion thereof,
which is the subject of the proposed designation. Such written notice shall contain a
complete description of the proposed designation and shall advise the property owners that
written objections to the proposal may be filed with the Heritage Commission within forty-
five days from the date of the notice.
(b) If objections are filed by the owner of any property proposed to be designated as a historic
landmark or by the owners of at least forty-one percent of the frontage 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 Preservation
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:
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(1) The owner or owners of a proposed historic landmark withdraw their objection; or
(2) A sufficient number of owners of recorded lots abutting a proposed heritage lane or
recorded lots within a proposed historic district withdraw their objections so as to
reduce the total percentage of objectors to less than forty-one percent; or
(3) In the case of a proposed heritage lane or historic district, the Heritage Preservation
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.
(c) In the event inclusion on the Heritage Resource Inventory is proposed by the City
Council or Planning Commission or considered by the Heritage Preservation Commission
upon its own initiative, and in the further event the Heritage Preservation Commission, as
a result of its study of the proposal, determines that the proposal should be included in the
Heritage Resource Inventory the Heritage Preservation Commission shall mail written
notice of its intent 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 proposed to be included in
the Heritage Resource Inventory. Such written notice shall contain a complete description
of the proposed action and shall advise the property owners that written consent to the
proposed action is required. If consent is not received the property shall not be included on
the Heritage Resource Inventory.
13-15.050 - Recommendation by Heritage Preservation Commission.
Provided the Heritage Preservation Commission is not required to discontinue
consideration of a proposal by reason of objections raised and the property owner has
provided written consent to the inclusion of the proposal on the Heritage Resource
Inventory or other proposed designation pursuant to Section 13-15.040, the Heritage
Preservation Commission shall render a written report within a reasonable time accompanied by
all of the information and documentation reviewed by the Heritage Preservation 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 Preservation Commission's decision and the
information and documentation relied upon in support thereof. A copy of the report shall be sent
to the property owner or owners.
13-15.060 - Historic landmark.
(a) The report and recommendations of the Heritage Preservation 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 Preservation
Commission's recommendations. The City Council shall by ordinance either approve the
proposed historic landmark designation, in whole or in part or as modified, or shall by
motion disapprove the proposal in its entirety.
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(b) Until final action has been taken by the City Council on the proposed designation as a
historic landmark, no building, alteration, grading, demolition or tree removal permit shall
be issued for any work to be formed upon or within the property which is the subject of the
proposed designation, unless approved by the Heritage Preservation 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.
(c) In the event an designating ordinance designating a historic landmark is adopted by the
City Council, such ordinance shall become effective thirty days following adoption thereof
and the designated property shall thereafter be subject to the regulations set forth in this
Chapter and such further restrictions or controls as may be specified in the designating
ordinance.
(d) Adoption of a designating ordinance shall be based upon a finding by the City Council that
the designated property has special historical, cultural, archeological, scientific, architectural
or aesthetic interest or value as part of the heritage or history of the City, the County, the
State or the nation, and satisfies one or more of the criteria set forth in Section 13-15.010.
13-15.070 - Heritage lane or historic district.
(a) Report to Planning Commission. The report and recommendations of the Heritage
Preservation Commission on a proposed heritage lane or historic district, together with the
information and documentation pertaining thereto, shall be forwarded to the Planning
Commission.
(b) Public hearing; notice. The Planning Commission shall conduct a public hearing on the
proposed designation within sixty days after receipt of the Heritage Preservation
Commission's report. Notice of the public hearing shall be given in the manner provided in
Section 13-15.080.
(c) Actions of Planning Commission. The Planning Commission shall either recommend
approval of the designation as originally proposed, or approval of the designation as
modified by the Heritage Preservation 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.
(d) Transmittal of documents to City Council. The recommendations of the Planning
Commission, together with the report and recommendations of the Heritage Preservation
Commission and the information and documentation pertaining thereto, and the proposed
ordinance, if any, shall be transmitted to the City Council and considered at its next
available regular meeting.
(e) Actions of City Council. If the City Council determines that the proposed heritage lane or
historic district should be considered for designation as a heritage resource, it shall adopt a
resolution initiating final designation proceedings. Such resolution shall schedule a public
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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.
(f) Adoption or disapproval. At the conclusion of the public hearing, but in no event later
than sixty days from the date set in the resolution for the initial public hearing, the City
Council shall either adopt an ordinance designating the heritage lane or historic district, in
whole or in part, or as modified, or shall by motion disapprove the proposal in its entirety.
(g) Effective date. In the event a designating ordinance is adopted by the City Council, such
ordinance shall become effective thirty days following adoption thereof and the designated
property shall thereafter be subject to the regulations set forth in this Chapter and such
further regulations or controls as may be specified in the designating ordinance.
(h) Findings and criteria for adoption of ordinance. Adoption of a designating ordinance
shall be based upon a finding by the City Council that the designated property has special
historical, cultural, archeological, scientific, architectural or aesthetic interest or value as
part of the heritage or history of the City, the County, the State or the nation, and satisfies
one or more of the criteria set forth in Section 13-15.010.
13-15.080 - Notice of public hearings.
(a) 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 prior to the date of the hearing by mailing such notice as follows:
(1) In the case of a proposed heritage lane, notice shall be sent to all persons whose names
appear on the latest available tax roll of the County as owning any property abutting the
proposed heritage lane. Notice of the public hearing shall also be published once in a
newspaper having general circulation in the City not later than ten days prior to the date
of the hearing.
(2) In the case of a proposed historic district, notice shall be mailed to all persons shown
on the latest available tax roll of the County as owning any property within the
boundaries of the proposed district. Notice of the public hearing shall also be published
once in a newspaper having general circulation in the City not later than ten days prior
to the date of the hearing.
(b) Failure to send any notice by mail to any property owner whose name and address is not a
matter of public record shall not invalidate any proceedings in connection with a proposed
designation. The City Council or Planning Commission may, but shall not be obligated, to
give such other notices as they deem appropriate or desirable.
13-15.090 - Notice of designation.
(a) Following adoption by the City Council of an ordinance designating a historic landmark,
heritage lane or historic district, the Commission staff shall send notice of the designation,
together with a copy of the ordinance, to the owner or owners of the designated historic
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landmark, or the owners of all property abutting a designated heritage lane, or the owners of
all property within a designated historic district. The notice shall inform such owners that
the designated property will be added to the Saratoga Heritage Resource Inventory and may
be eligible for certain privileges and benefits under local, state or federal law. The notice
shall include a statement of the regulations and restrictions upon the designated property.
The Commission staff shall also send notice of the designation to:
(1) The Heritage Preservation Commission.
(2) The Planning Commission.
(3) Any agency or department of the City requesting such notice or affected by the
designation.
(4) The Saratoga Historical Foundation.
(5) The Santa Clara County Historical Heritage Commission.
(6) The California State Historic Preservation Officer.
(7) The Saratoga News.
(b) Notice of the designation and the complete legal description of the designated property
shall be recorded in the office of the Recorder for the County.
13-15.100 - Termination of designation.
(a) The owner or owners of a designated historic landmark or of a property listed on the
Heritage Resource Inventory but not specifically designated as a 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 Preservation
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.
(b) The same procedures, notices and hearings shall apply to the termination proceedings as
set forth in Section 13-15.030 and Sections 13-15.050 through 13-15.080 of this Article.
(c) A designation may be terminated only upon a finding by the City Council that as a result of
change in circumstances, the designation is no longer consistent with the purposes and
objectives of this Chapter and no longer satisfies any of the criteria set forth in Section 13-
15.010.
(d) Upon termination of a designation, notices shall be sent to the same persons, commissions
and agencies as set forth in Section 13-15.090, and a notice of termination shall also be
recorded in the office of the Recorder for the County.
Article 13-20 - PERMITS
Sections:
13-20.010 - Permit required.
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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
heritage resource, 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 Community Development Director, who shall forward the application
to the Heritage Preservation 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:
(a) Documentation establishing ownership of the designated property by the applicant for
the permit.
(b) A clear statement of the proposed work.
(c) A site plan showing all existing buildings, structures, trees over twelve inches in
diameter, property lines, easements and the proposed work.
(d) Plans showing the exterior elevations, materials and grading of the proposed work.
(e) Where the application is for demolition, a detailed statement of the necessity for
demolition together with photographs of the structure to be demolished.
(f) Such other information or documents as may be requested by the Heritage
Preservation Commission.
(g) Historic resource evaluation provided by a licensed historic architect or historic
consultant professional
13-20.040 - Heritage Preservation Commission action.
The Heritage Preservation Commission shall complete its review and issue a
recommendation to the Planning Community Development 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 Preservation Commission.
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The Heritage Preservation Commission's recommendation shall be in writing and shall state the
reasons relied upon in support thereof. Upon receipt of the Heritage Preservation Commission's
recommendations, the Planning Community Development Director shall forward a copy thereof
to the applicant.
13-20.050 - Issuance of permit.
If the Heritage Preservation Commission recommends issuance of the permit requested in
the application, or issuance of such permit subject to conditions, the Planning Community
Development 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
Community Development 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 Preservation Commission recommends denial of the application, the
Planning Community Development Director shall notify the applicant that the requested permit
will not be granted.
13-20.060 - Appeal.
(a) Any recommendations issued by the Heritage Preservation 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
Preservation Commission delivers its recommendation to the Planning Community
Development 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
Preservation Commission.
(b) The decision of the Planning Commission may be further appealed to the City Council by
either the applicant or any interested person, in accordance with the procedure set forth in
Section 2-05.030 of this Code.
13-20.070 - Criteria.
The Planning Community Development Director, on the recommendation of the Heritage
Preservation Commission, or the Planning Commission or City Council on appeal, shall
authorize issuance of a permit, or a conditional permit, if and only if, it is determined that:
(a) The proposed work is consistent with the purposes and objectives of this Chapter.
(b) The proposed work does not adversely affect the character of the designated historic
landmark, heritage lane or historic district.
(c) In the case of construction of a new building, structure or other improvement upon or
within a designated historic landmark, heritage lane or historic district, the exterior of
such improvements will not adversely affect and will be compatible with the external
appearance of the existing landmark, lane or district.
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13-20.080 - Hardship.
Notwithstanding Section 13-20.070, the Planning Community Development Director, on
the recommendation of the Heritage Preservation 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 districtheritage resource, 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 Preservation 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.
(a) No fee shall be charged for the filing, processing or public noticing of any application for
designation or any application for termination of a designation.
(b) The City Council shall by resolution adopt a 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 districtheritage resource 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.
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(a) The violation of any provision contained in this Chapter is hereby declared to be unlawful
and shall constitute a misdemeanor, subject to the penalties as prescribed in Chapter 3 of this
Code.
(b) The Planning Community Development Director shall have the duty and authority to
enforce the provisions of this Chapter, and any other laws, rules or regulations of the City
which govern or relate to the issuance of permits for work to be performed upon or within a
designated historic landmark or property located within a designated heritage lane or historic
district, by any or all of the following means:
(1) Serving notice upon the owner or occupant requiring the correction or removal of any
violation of this Chapter.
(2) Issuance of citations for violation of any provision of this Chapter.
(3) Authorizing and instructing the City Attorney to initiate appropriate legal proceedings
against any person who violates this Chapter, including actions for injunctive relief to
restrain or enjoin such violation.
(4) Request enforcement assistance from the County Sheriff's Department and the City
Community Service Officers.
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MEMORANDUM
MEETING DATE: June 8, 2021
TO: Heritage Preservation Commission (HPC)
FROM: Nicole Johnson, Senior Planner
SUBJECT: Item 9a- Commission Items
Please see attached memo and comments from Chair Shah.
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Discussions on Heritage Lane from Fruitvale to Highway 9- We would like to update the DPR and
re-confirm with a historic consultant
At one of our HPC meetings we noted that the sign markers for the Saratoga Heritage Lane are in the
wrong place. do any of you recall the source of that information? The City of Saratoga is going to add
bike lanes and could adjust the markers at the same time - Annette Stransky
In the past, the city has taken Franklin Maggi's verbiage as "rule," so maybe it is best to keep that
APPROVED by council DPR as the rule of the Heritage Lane. Logical and what was approved in 2009.
(Less confusing than before the end of the street.). – Marilyn Marchetti
On 04/19/2021 4:52 PM Jo Rainie <jo_rainie@yahoo.com> wrote:
At my request, in 2017, Sandy Baily researched the boundary of the Saratoga Avenue Heritage Lane. I
was given the assignment of adding 14301 Saratoga Ave. to our inventory and I became confused about
the boundary of the heritage lane - i.e., did this property fall under the Heritage Lane? Sandy researched
the Saratoga Avenue heritage lane and sent this email on May 12, 2017.
From: Sandy Baily
Sent: Friday, May 12, 2017 9:59 AM
To: Jo Rainie Rodgers
Cc: Sung Kwon
Subject: Saratoga Ave Heritage Lane
Good morning Jo. Well this research has been very interesting, and I have learned and discovered a
lot. What I still haven’t learned though is where the true boundary lines are. One of the Planners will be
going in our files in the archived basement while I am gone as he thinks there might be a map. So, I’m
sorry I don’t have an answer yet but will continue my super sleuthing when I return.- Sandy L. Baily
Jo Rodgers continues the discussion further as follows:
I do not know if the city ever determined the correct boundary. Here is info I pulled from my archive:
Memo from Steve Emslie, Planning Director, dated 7/26/1991 recommending to the City Council that
they approve the designation of Saratoga Ave between Fruitvale Ave and 14301 Saratoga Ave as a
Heritage Lane. Ordinance HP-19 approved the proposal (dated 9/3/91).
The DPR for this heritage lane, dated 10/26/2009 and written by Franklin Maggi, lists the boundary as
"Both sides of Saratoga Avenue from Fruitvale to Highway 9." Sandy Baily did not believe that the
information on the DPR was correct.
The question was, and remains, whether the heritage lane extends to Highway 9 at the Village or ends
with 14301 Saratoga Avenue. The HPC lost the argument that the heritage lane includes the roadway
AND the historic building on Saratoga Ave. If the homes are included, then perhaps it is important to end
the lane around 14301 Saratoga Avenue. If the heritage lane is only referencing the road itself, then it is
important to consider the entire road to Highway 9, rather than stopping it, literally, in the middle of the
street. Everyone seems to agree that the heritage lane ends at Fruitvale.
I hope this helps- Jo Rodgers
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