HomeMy WebLinkAbout12-14-2021 Heritage Preservation Commssion Agenda PacketPage 1 of 3
HERITAGE PRESERVATION COMMISSION
REGULAR MEETING
December 14, 2021
8:30 AM REGULAR MEETING
Teleconference/Public Participation Information to Mitigate the Spread of
COVID‐19
This meeting will be held entirely by teleconference. All members of the City Council
and staff will only participate via the Zoom platform using the process described
below. The meeting is being conducted pursuant to recent amendments to the
teleconference rules required by the Ralph M. Brown Act allowing teleconferencing
during a proclaimed state of emergency when local official have recommended social
distancing. The purpose of the amendments is 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/84035279809 or App
(Webinar ID 840 3527 9809) and using the tool to raise their hand in the
Zoom platform when directed by the Chair to speak on an agenda item; OR
2. Calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID 840 3527
9809 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 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
bavrit@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, Rina Shah, and
Sharon Boyce-Bender.
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 November 9, 2021 minutes
6. New Business
7. Staff Comments
8. Old Business
a. Heritage Preservation Ordinance update
b. Project status worksheet
9. Commission Items
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
bavrit@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
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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 December 9, 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
November 9, 2021
8:30 AM REGULAR MEETING
1.Site Visit(s)
a.None
2.Call to Order: Vice Chair Stransky called the meeting to order at 8:30 AM
3.Roll Call
Present: Chair Rina Shah, Vice Chair Annette Stransky, Sharon Boyce-Bender,
Marie Lopresto and Priya Shastri
Absent: None
Staff: Nicole Johnson, Senior Planner
Applicants/Speakers: Randy Simmons, Stacy De Shazo, Matthew Sutton
4.Oral Communications
None
5.Approval of the October 12, 2021 minutes
BOYCE-BENDER/SHAH MOVED TO APPROVE THE MINUTES FOR THE
OCTOBER 12, 2021 MEETING. MOTION PASSED. AYES: BOYCE-BENDER,
LOPRESTO, SHAH, SHASTRI, STRANSKY. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE
6.New Business
a.20280 Saratoga Los Gatos Road
SHAH/SHASTRI MOVED TO RECOMMEND APPROVAL OF THE ROOF
MOUNTED SOLAR PANELS. MOTION PASSED. AYES: BOYCE-BENDER,
LOPRESTO, SHAH, SHASTRI, STRANSKY. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE
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b. 13631 Saratoga Avenue
The Commission discussed the history of the subject property and
asked questions of Stacy De Shazo about the historical integrity.
Concerns were raised about removing a property from the HRI that is
located adjacent to a Heritage Lane. Randy Simmons, St. Andrews,
spoke and answered questions from the Commission about plans for
the property.
BOYCE-BENDER/SHASTRI MOVED TO REMOVE THE PROPERTY FROM
THE HERITAGE RESOURCE INVENTORY (HRI). MOTION PASSED. AYES:
BOYCE-BENDER, LOPRESTO, SHASTRI, NOES: SHAH & STRANSKY.
ABSTAIN: NONE. ABSENT: NONE
7. Staff Comments:
None
8. Old Business
a. Heritage Orchard Update (verbal presentation from Orchard Keepers)
Matthew Sutton provided an overview of the past year in the orchard and
provided future plans in the orchard. The Commission asked questions
about the health of the trees, testing of the soil, wildlife control, etc.
b. Heritage Preservation Ordinance update
• Update from Commissioners
Chair Shah and Vice Chair Stransky are currently working on text to
present to the HPC.
c. Project status worksheet
Commissioners Lopresto and Shastri will work on 19246 DeHavilland
Drive.
9. Commission Items
None
10. Adjournment
Vice Chair Stransky adjourned the meeting at 9:45 AM.
Minutes respectfully submitted:
Nicole Johnson, Senior Planner
City of Saratoga
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MEMORANDUM
MEETING DATE: December 14, 2021
TO: Heritage Preservation Commission (HPC)
FROM: Nicole Johnson, Senior Planner
SUBJECT: Item 8a-Heritage Preservation Ordinance update
APPLICATION: ZOA21-0004
Background:
There has recently been some confusion and interpretation inconsistencies by City
staff and the HPC regarding HPC’s role in reviewing work along the heritage lane
portion of Saratoga Avenue.
In 1981, Saratoga City Council adopted an ordinance creating a heritage preservation
commission and establishing procedures for the designation, conservation and
control of heritage resources within Saratoga. This ordinance included the concept
of heritage lanes. Prior to the adoption of the ordinance, there was concern by some
council members regarding the scope of the proposed ordinance in respect to
heritage lanes. Based on archived documentation, in 1981 the perceived community
motives in advocating heritage lanes were as follows:
• Preserve the width and appearance of roads associated with Saratoga’s earlier
development.
• Prevent widening and improvement to current city standards of certain roads,
as currently.
required in conjunction with new development and infill projects.
• Discourage increased traffic on certain roads.
In 1991, the portion of Saratoga Avenue from Fruitvale Avenue to 14301 Saratoga
Avenue was designated by Ordinance as a Heritage Lane to help protect the street
from being widened, which would have resulted in the loss of the mature street trees.
The protection would also regulate the construction of sound walls and fencing
within the public right-of-way.
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At the December 18, 2019 City Council Meeting, City Staff asked for clarification from
the City Council of the role the HPC has in reviewing applications along a Heritage
Lane. The Heritage Lane designation applies to only the public right of way
(Attachment 1) and not the properties adjacent to the Heritage Lane when it comes
to reviewing applications.
The City Council directed staff to prepare an ordinance amendment that would:
1. clarify the scope of review for Heritage Lane; and
2. the directed staff to include a provision in Chapter 13 that a property owner
must consent for their property to be included in the Heritage Resource
Inventory; and
3. Ensure that the HPC is included in the review process of planning applications
when staff deems the property of historic interest.
In addition, for consistency with the Certified Local Government Requirements
included in Appendix G II B of the Certified Local Government Application and
Procedures (attachment 3) staff is suggesting that the language in Section 13-10.010
of the City Code for “Creation; qualification and residency of members” be amended
as follows:
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.
In addition to the amendments provided by the City Council, staff took this
opportunity to clean up the language in the code.
Per City Code Section 13-10.040 (d) the HPC can review and comment upon proposed
ordinances of the City as they relate to heritage resources.
Chair Shah and Vice Chair Stransky have provided discussion points and
recommendations to the ordinance update in attachments 5 and 6.
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Attachments:
1. Staff Report from the December 18, 2019 City Council Meeting
2. Minutes from the December 18, 2019 City Council Meeting
3. CLG Requirements
4. Draft City Code Amendment
5. HPC Discussion points (Stransky/Shah)
6. HPC Recommended Ordinance update (Stransky/Shah)
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Requirements
(Excerpt from Appendix G, Certified Local Government Application and Procedures,
August 1999, pp 41-47.)
Local governments may be certified to participate in the CLG program by complying
with the following requirements:
I Enforce appropriate state or local legislation for the designation and protection of
historic properties:
A. State enabling legislation provides for local jurisdictions to enact appropriate
historic preservation legislation. California Government Code Sections
65850, 25373, and 37361 enable city and county legislative bodies to provide
for “the protection, enhancement; perpetuation, or use of places, sites,
buildings, structures, works of art, and other objects having a special
character or special historical or aesthetic interest or value.”
B. Local governments must adopt local historic preservation ordinances with
provisions to enforce the designation and protection of historic and
archeological resources.
C. The local legislation shall be consistent with the intent and purpose of the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470).
D. The CLG will adopt a historic preservation plan or a historic preservation
element for the local jurisdiction's General Plan, as authorized by the
California Government Code, prior to or upon applying for a CLG grant.
E. The CLG commission will participate in the environmental review of specific
federally sponsored projects, such as community development programs
involving HUD Block Grant funds unless it is determined by OHP that the
necessary expertise is not available to the local government. The CLG will
establish programmatic agreements with the state agreeing to ensure
compliance with Section 106 provisions of the NHPA.
F. The CLG commission will participate in the environment review of local
projects in accordance with the requirements under the California
Environmental Quality Act (CEQA). The commission may review and
comment on permit actions affecting significant listed historic properties and
other resources eligible for listing, in accordance with local ordinance
requirements and with CEQA. Procedural guidelines should include
standards for demolition stays, design review criteria, anti-neglect
requirements, and appeal strategies.
II Establish an adequate and qualified historic preservation review commission by
local law:
A. The commission shall include a minimum membership of five (5) individuals
with all members having demonstrated interest, competence, or knowledge in
historic preservation.
B. At least two (2) Commission members are encouraged to be appointed from
among professionals in the disciplines of history, architecture, architectural
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history, planning, pre-historic and historic archeology, folklore, cultural
anthropology, curation, conservation, and landscape architecture or related
disciplines, such as urban planning, American studies, American civilization,
or cultural geography, to the extent that such professionals are available in
the community. Commission membership may also include lay members who
have demonstrated special interests, competence, experience, or knowledge
in historic preservation.
C. A local government may be certified without the minimum number or types of
disciplines established in state procedures if it can be demonstrated to the
satisfaction of the state that it has made a reasonable effort to fill those
positions, or that some alternative composition of the commission best meets
the needs of the protection of historic properties in the local community.
D. Commission members shall be appointed by the chief elected local official,
city council, or board of supervisors consistent with the provisions of the
preservation ordinance. The appointing authority shall make interim
appointments to fill unexpired terms in the event of vacancies occurring
during the term of members of the commission. The appointing authority
shall also act within sixty (60) days to fill a vacancy. Terms of office of the
commission members shall be according to the local preservation ordinance.
E. The commission shall meet at least four times a year, with meetings held in a
public place, advertised in advance, and open to the public, pursuant to the
Ralph M. Brown Act (G.C. Section 54950 et seq.) for open meetings.
Written minutes of commission meetings shall be kept on file, available for
public inspection, and submitted to the state as a part of the CLG Annual
Report.
F. Each commission member is required to attend at least one informational or
educational meeting, seminar, workshop, or conference per year that pertains
directly to the work and functions of the commission and would be approvable
by the state. The CLG Regional Workshops sponsored by the OHP are
important sources of information. The annual State Historic Preservation
Conference generally provides special sessions devoted to the issues,
objectives, and responsibilities of commissions. Commissions may also bring
in professionals to provide training on site.
G. An annual report of the activities of the commission shall be submitted to the
state at the end of each calendar year. The reports shall include, but not be
limited to, such information as narrative summary of accomplishments,
summaries of new and corrected survey activities, number of properties
designated under local ordinance in relation to inventory for community,
summaries of National Register applications reviewed, summaries of
historical contexts prepared, number of federal tax certifications reviewed,
number of properties on which design review was held, number of properties
on which environmental project reviews were conducted, property owners of
Mills Act contracts approved, summarization of local preservation activities,
list of local landmark designations, description of public education activities,
lists of commission members and resumes, list of staff and resumes, detailed
listing of commission and staff training received, commission attendance
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records, summary of changes in preservation laws, summary of adoption or
updates of historic preservation plan or historic preservation element of your
community's General Plan, commission meeting minutes and agendas, and
other pertinent activities performed by the commission.
III Maintain a system for the survey and inventory of historic properties:
The CLG shall be responsible for organizing, developing, and administering an
inventory of cultural resources within the entire spatial jurisdiction of the CLG.
A. The commission shall develop procedures for conducting an inventory of
culture resources. Survey activities shall be coordinated with and
complementary to the state program to ensure that survey results produced
by the CLG will be readily integrated into the statewide comprehensive
historic preservation planning process.
1. The CLG shall be responsible for overseeing the compiling, recording, and
updating of inventory information on cultural resources within its
jurisdiction. The information shall be based on comprehensive surveys
conducted in conformance with state survey standards and procedures.
Surveys completed prior to the certification of a local government may be
re-evaluated in accordance with state standards and may be submitted for
inclusion in the State database.
2. As part of any ongoing survey effort, procedural requirements must allow
for periodic update of survey results as buildings gain maturity and as new
areas are incorporated or annexed by the CLG.
3. The commission must adopt state guidelines for conducting its inventory
of historic properties. State-approved inventory forms (DPR-523, A-L) and
the OHP's Instructions For Recording Historical Resources shall be used
to facilitate integration into the state electronic data system and for
statewide comprehensive historic preservation planning purposes. Dimitri
software is available for the DPR 523 forms.
4. Standards for the evaluation of properties must be consistent with the
National Register of Historic Places criteria.
A. The commission shall establish internal procedures to facilitate the use of
survey results in the planning process by the CLG officials and departments.
The commission shall submit survey results to the local government for
adoption, then forward to OHP. Copies of the survey should be on deposit at
the local planning department, building and safety office, public works
department, and redevelopment agency. Libraries, colleges, and historical
societies should also receive copies. OHP will make copies available for the
appropriate “California Historical Resources Information System” regional
center. See IV(A)(2) below for public access requirements.
IV Provide for adequate public participation in the local historic preservation
program:
A The CLG shall provide opportunities for public participation in all
responsibilities delegated to the CLG, in accordance with appropriate
regulations, standards, and guidelines.
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1. Public participation shall be fully encouraged at local commission
meetings. Commission meetings shall be open to the public, with
published agenda and minutes in accordance with the Ralph M. Brown
Act (G.C. Section 54950 et seq.) for open meetings. The published
agenda shall be mailed in advance of meetings to individuals and citizen
organizations interested in the commission’s activities.
2. Public participation shall be fully encouraged in the performance of the
historic survey program at all levels of responsibility to identify and
inventory significant cultural resources in the jurisdiction of the CLG. The
public can serve as volunteers to assist in the survey effort. Survey
results shall be of public record and on file at a public institution, except in
the case of sensitive resources, e.g., archeological sites subject to
vandalism.
3. Public participation shall be fully encouraged in the nomination process for
the National Register of Historic Places program. The CLG shall invite
comments from the general public regarding National Register
nominations.
4. Public participation shall be fully encouraged in all public hearings on
projects related to CEQA and Section 106 processes.
V Satisfactorily perform the responsibilities delegated to the CLG:
A. The CLG shall prepare a comprehensive local historic preservation plan
which would identify preservation missions, goals, and priorities. The plan
would also establish preservation strategies, programs, and time schedules.
B. The CLG will participate in the review and comment on historic preservation
certification applications for tax incentives. The CLG and state may establish
procedures for implementation of the investment tax credit program at the
local level in conformance with the Secretary of the Interior's Standards for
Historic Preservation.
C. Each CLG must have a local historic preservation plan prior to or upon
becoming a CLG before any additional grant applications will be considered.
The state shall monitor and evaluate the performance of the CLG for
consistency with the identification, evaluation, and preservation priorities of
the comprehensive state historic preservation planning process.
1. Annual Review of CLGs:
The State shall conduct an annual review of CLGs to assure that each
government continues to meet the minimal requirements and is
satisfactorily performing its responsibilities. As part of this review, the
state shall examine the annual reports submitted by the CLGs, records of
the administration of funds allocated from the HPF, and other documents
as necessary. The CLG shall make these records available to the state.
A more thorough review and site visit to the Certified Local Government
will occur at least once every three (3) years.
2. Procedures for Decertification:
If the state evaluation indicates that the CLG no longer meets the minimal
requirements or that in any other way a CLG's performance is not
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satisfactory, the state shall document that assessment and recommend to
the local government steps to bring its performance up to a satisfactory
level. The CLG shall have a period of not less than 30 nor more than 180
days to implement improvements; If the state determines that sufficient
improvement has not occurred, the state shall decertify the local
government, citing specific reasons for the decertification. Performance
shall be deemed unsatisfactory if one or more of the following conditions
exist or is applicable: a) the commission fails to perform its delegated
responsibilities within established time periods; b) the CLG fails to
coordinate its responsibilities with the state; c) the commission
substantially fails to maintain consistency of its design review decisions
with the Secretary's Standards for Historic Preservation; d) the CLG fails
to maintain a qualified historic preservation review commission
membership; e) the CLG fails to enforce the provisions of the local
preservation ordinance; f) the CLG fails to enforce its CEQA and Section
106 responsibilities; g) the CLG fails to adequately survey historical
resources in its jurisdiction; and h) the CLG fails to comply adequately with
proper fiscal management of HPF grants in accordance with the National
Register Programs Guideline, OMB Circular A-128, and 43 CFR 12.
3. Decertification Appeal:
If the state recommends decertification, the local government may appeal
to the NPS. The NPS has 45 days to respond to the appeal.
4. Decertification Without Prejudice:
CLGs may petition the OHP to be decertified voluntarily and without
prejudice.
5. Financial Assistance Close-out:
The state shall conduct financial assistance close-out procedures
pursuant to the National Register Program Guideline when a local
government is decertified.
VI The CLG shall assume certain responsibilities for reviewing and recommending
properties within its jurisdiction to the National Register of Historic Places.
A. The SHPO shall have the sole responsibility of nominating National Register
properties directly to the Secretary of the Interior (Secretary).
B. The CLG shall establish local procedures for the National Register nomination
process consistent with the requirements in the NHPA, Section 101(c)(2).
1. Before a property within the jurisdiction of a CLG may be considered by
the state to be nominated to the National Register, the state shall notify
the owner, the applicable chief elected local official, and the local historic
preservation commission. The commission, after reasonable opportunity
for public comment, shall prepare a report as to whether or not such
property, in its opinion, meets the criteria of the National Register. Within
sixty (60) days of notice from the state, the chief elected local official shall
transmit the report of the commission and his/her recommendation to the
state. After receipt of such report and recommendation, or if no such
report and recommendation are received within sixty (60) days, the state
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shall process the National Register nomination. The state may expedite
such process with the concurrence of the CLG.
2. If both the commission and the chief elected local official recommend that
a property not be nominated to the National Register, the state shall take
no further action, unless within thirty (30) days of the receipt of such
recommendation by the state, an appeal is filed with the state. If such an
appeal is filed, the state shall follow the procedure for making a
nomination pursuant to Section 101(a). Any report and recommendations
made under this section shall be included with any nomination submitted
by the state to the Secretary.
VII By mutual written agreement with the local governing body, the state may
delegate additional responsibilities to the CLG. Local governments may be
certified to participate in specific program activities under Programmatic
Agreements.
A. The CLG may develop educational programs promoting historic preservation
at the local level such as, but not limited to, sponsorship of preservation
workshops, publication of preservation information, organizing preservation
fairs, conducting walking tours, preparing preservation curricula for schools,
etc.
B. Commission members may act in an advisory capacity to other officials and
departments within the local government and act as a liaison on behalf of the
CLG to individuals and organizations concerned with historic preservation
issues at the local level.
C. The CLG may participate in the Mills Act program or other economic incentive
programs to provide property-tax relief for owners of historic properties.
D. The CLG may participate in the Marks Historical Rehabilitation Act for
issuance of tax-exempt industrial development bonds, providing that the
commission shall serve as a part of the required citizen advisory board.
E. The CLG may assume certain responsibilities of recommending National
Register of Historic Places properties, identified in the CLG jurisdiction,
directly to the State Historical Resources Commission.
F. By mutual written agreement with the local governing body, the state may
delegate additional responsibilities to the CLG.
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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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Ordinance Discussion Preface
The Ordinance needs to be reviewed for accuracy and for current operation. As an example:
*The definitions need to be revised.
* Writing style--negative words such as "limited to" should be removed.
*"Standards" should be specified as Secretary of Interior's Standards to meet CLG requirements
*Process of listing on the heritage inventory has to be specified
*Removal from the HRI (Heritage Resource Inventory) should be explained
* Explanation of who and how commissioners are selected (including term length)
* Zoning ordinance needs to be updated to reflect the desire to preserve homes and structures and not
sound so limited
* Mills Act contract process needs to be defined
* Process should include adequate time for the HPC to review heritage structures to be properly
analyzed for changes and the ability to ask for professional assistance if needed
* Comparison of ordinance of other city's of comparable size
Please review the PDF for some of the suggested changes.
Thank you.
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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. Text in red for notes submitted and yellow for accenting some changes.
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 with the City is required in the interest of the health, economic properity,
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.
13-05.20 -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 addition of new structures,
removal or alteration of natural features, disturbance of archeological sites or area, 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.
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(b) Designated b 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.
( c )Designated b Historic district 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. Note: Remove this for now until surveys confirm it.
Note: Historic districts hall name geographically definable area of urban or rural character
possessing a significant concentration or continuity of site, building, structures or objects
unified by past events or aesthetically by plan or physical development.
(d) Designated-b-Historic landmark means a building, improvement, structure, natural feature,
site or areas of land under single or common ownership, designated as a heritage resource
pursuant to this Chapter.
Note: Historic landmarks. The term "historic landmarks" shall mean any of the following
which have a special historical, architectural, cultural, aesthetic or engineering interest or
value of an historical nature:
1. individual structure or portion thereof;
2. an integrated group of structures on a single lot;
3. a site or portion thereof;
4. or any combination of the above.
( 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 improvements.
(f) Heritage Preservation Commission means the historical preservation commission established
pursuant to this Chapter and Commission means a member of the Heritage Preservation
Commission.
(g) Commission staff means the Planning Community Development Director and his/her
authorized representatives.
Note: State the Chapter 13 and how it is appointed.
(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.
Note: City Council or HPC
(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.
Note: use CLG termnology
(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.
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Article 13-10- HERITAGE PRESERVATION COMMISSION (1)
Sections:
Note: Add process for demolition to section.
Footnote1: 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.
13-10.00 Creation,: qualification and residency of members.
There is hereby established a CLG qualified 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 be appointed shall be
appointed Note: Can be professionals
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.
Note: add residency requirement and term length.
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)
13-10.30 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
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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, l (Att. 11), 7-6-2016).
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 there of 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 department projects and action programs
for the recognition, conservation, enhancement and use of the City's heritage resources,
including Secretary of Interior 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 on heritage resources 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
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to heritage resources.
(j) Perform such other functions as may be delegated to it by resolution or motion of the City
Council.
(k) Note: maintain a comprehensive system for identifying evaluating inventory, and registering
the city historical and cultural resources
(Amended by Ord. No. 340 l (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 seven 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 or 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 contribute 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.
13-15,012-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 methods:
(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 requesting
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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, and
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 Preservation Commission for its recommendation and
the Heritage Preservation Commission may consider a proposed designation upon its own.
initiative.Note this statement is below and a duplicate.
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
staff 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 Preservation 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 o less than forty-one percent; or
(3) 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.
Note: Shouldn't need owner's consent. This is against CLG requirements. We are required
to do surveys and maintain records with the city--How? needs to be added. Need to add
info on the Mills Act.
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 recommendation 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.
(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
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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 as 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 reasonable
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 he 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 regulation 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 the 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 int eh 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 landmark, or the owners of
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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 of department of the City requesting such notice of 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 designations and the complete legal description of the designated property
shall be recorded in the office of the Recorder of 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 12-15.080 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
Section:
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
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within a designated heritage lane or historic district, or to place, erect, alter or relocated 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)
13-20.030 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.
€ 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.
Note: Report should not be disclosed to the applicant. Fees collected at time of submttal
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. 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.
Note: A notification should be sent to commissioners as well as all HP applications filed with the City.
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. Then 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
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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.
Note: In some instances, HPC should be given one month to review an application as well as
have funds to hire their own expert to rebut changes.
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.
13-20.080 Hardship.
Notwithstanding Section 13-20.070, the Planning Community Development Director, on the
recommendation if 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 district
heritage 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 applicatioin for
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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 t Section 13-20.060.
13-25.010 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 heritage 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
(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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Project Status Worksheet
APN/Location Address Staff/Commissioner Assigned Status
503 24 087 3rd Street 20640 Stransky Owner working on obtaining documents
389 05 011 DeHavilland 19246 Lopresto/Shastri Staff sent 45 day letter on 12/2/21
397 23 040 Lutheria Way 14321 Stransky
397 22 040 Orchard Road 20290 Stransky
503 48 045 Congress Springs Rd 22000 (Quarry)Shah Loading Structure
397 23 021 La Paloma Ave 20295 Stransky Stransky is working with the owner
503 23 008 Marion Rd 20602 Boyce-Bender
517 20 019 Montalvo Road 14900 Stransky
389 26 021 Montpere Way 18530 Boyce-Bender
397 31 003 Saratoga Ave 14285 Lopresto
397 31 004 Saratoga Ave 14301 Lopresto
397 16 055 14120 Shadow Oaks - Tree Stransky
397 42 002 14250 Douglas Lane Stransky
Memorial Park
517 12 036 14766 Oak St- Madronia Cemetery
397 30 053 13650 Saratoga Ave-Heritage Orchard
TBD
TBD
TBD
Harvest Day 2022 TBD
May 2022
Ongoing
Ongoing
Johnson TBD
Johnson December 14, 2021 Meeting
Staff Ongoing
Ongoing
Ongoing
Community Outreach via Social Media
Training
Balance
Saratoga Ave Heritage Lane Inventory
Village Inventory
Heritage Lane Ord. Amendment
Heritage Resource Inventory Ord. Amendment
Grover House Development Update
Events
Budget
Other
Blossom Festival 2022
State of the City 2022
Arbor Day 2022
Preservation Month 2022
Approved 11,600.00
11,600.00
Potential Heritage Resource Inventory Candidates
Other
Historic Landmarks
Point of Interest Markers (POI)
Heritage Plaques/Signage
Page 1 of 2 12/8/2021
Historic Resource Inventory Year/Fiscal Year Notes
Added
Montpere Way 18500 2015
Shubert Dr 19277 2017-2018
Lutheria Way Entrance Posts 14200 & 14221 Lutheria Way 2018-2019
Saratoga Av 13601 (St Andrew's)2018-2019
DeHavilland Drive 19461 2019-2020 Entrance Planter
DeHavilland Drive 19152 2019-2020 Entrance Planter
DeHavviland Drive 19174 2021-2022 Eichler Home
Park Place 20390 2019-2020 Saratoga Federated Church Bell
Shubert Drive 19201 2019-2020 Entrance Planter
Shubert Drive 19401 2019-2020 Entrance Planter
Montpere Way 18485 2019-2020 Home
Orchard Road 20331 2019-2020 Peck House
Saratoga-Los Gatos Road 20450 2020-2021 Historical Park
Saratoga-Los Gatos Road 20450 2020-2021 Interurban Stop
Discontinued
Allendale 19365 2017 Owner did not want house on Inventory
Orchard Road 20328 2019 (Stransky)Letter sent for 45 day comment period. Period up on January 14th. On January 2, 2019, staff was informed that the
Orchard Road 20350 2019 (Stransky)Letter sent for 45 day comment period. Period up on January 14th. Owner has contacted City and is hesitant about being
DeHavilland 19222 2021(Lopresto/Shastri)Let sent for 45 day comment period. Period ended 11/8/2021. No response from the owner.
DeHavilland 19223 2021 (Lopresto/Shastri)Let sent for 45 day comment period. Period ended 11/8/2021. No response from the owner.
Saratoga Ave 13650 (Library)2021 (Stransky)Hold
Saratoga Ave 13718 (Sacred Heart)2021 (Lopresto)(Owner Requested to Hold
Saratoga-Los Gatos Road 20318 2021 (Stransky)Owner Requested to Hold
Elva Ave - Russian Church 14220 2019 (Stransky)Letter sent for 45 day comment period. Period up on January 14th. Church responded that they do not want to be included
Landmarks
Added
Peach Hill Road 15320 2020-2021 Landmark and Mills Act Carey House
Orchard Road 20331 2019-2020 Landmark and Mills Act Peck House
Shubert Dr 19277 2020-2021 Landmark and Mills Act Kenji Matsuda House
Discontinued
Bella Vista 20021 2014 Lack of owner consent
Big Basin Way 14501-14503 2014 Lack of owner consent plus not eligible as it lacks sufficient integrity to its original design
Fruitvale 14251 2014 Lack of owner consent
Big Basin Way 14519 2014 Lack of owner consent
1Big Basin Way (20640 Third St) 4413-14415 2014 Lack of owner consent plus not eligible as it lacks sufficient integrity to its original design
Big Basin Way 14495 2014 Lack of owner consent plus not eligible as it lacks sufficient integrity to its original design
Pierce Rd 14754 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
Theater of the Glade Site Point of Interest Marker 2017-2018 Saratoga Ave/Saratoga-Los Gatos Road
Blossom Festival Point of Interest Marker 2017-2018 Saratoga Ave/Saratoga-Los Gatos Road
Ohlone Indians 2019/2020 Wildwood Park
Saloons 2019/2020 within the road right of way adjacent to 14535 Big Basin Way
Saratoga Paper Mill 2019/2020 within the road right of way adjacent to 14650 Big Basin Way
Caledonia Pasteboard Mill 2019/2020 Wildwood Park
Approved
Big Basin Way near the Buy and Save Market McCartysville
Big Basin Way where Bank of America is located-the parking lot is Immigrating to CA
Quito Road El Quito Olive Farm
Saratoga-Los Gatos Road Glen Una Ranch
Big Basin Way and Third St Saratoga Vitaphone
Other
Village Design Guidelines 2019 City Council meeting scheduled Approved by CC 8/21/19
Memorial Arch 2019/2020 Completed February 2020 Completed Feb 2020
Heritage Orchard Master Plan Update 2020/2021 City Council Approved by CC 12/02/20
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 2018/2019
Deep Dive into the Secretory of Interior Standards 2019/2020 2/20/2020-Shah, Nugent & Johnson
Eichler Home Tour 2019/2020