HomeMy WebLinkAboutOrdinance 393 Heritage Preservation ORDINANCE NO. 393
AN ORDINANCE AMENDING CHAPTER 13 OF THE CITY CODE
HERITAGE PRESERVATION
THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS FOLLOWS:
Findings .
1. At the December 18, 2019 meeting, the City Council directed staff to prepare an ordinance
amending Chapter 13 of the Saratoga Municipal Code (Heritage Preservation)that would:
1. Clarify that the scope of review for Designated Heritage Lanes is limited to projects
in the public right of way; and
2. Clarify that a property owner must consent in order for their property to be included
in the Heritage Resource Inventory; and
3. Clarify that the Heritage Preservation Commission (HPC) is included in the review
process for planning applications when staff deems the property of historic interest.
2. In accordance with Saratoga Municipal Code Section 13-10.040 (d) the Heritage
Preservation Commission reviewed the proposed amendments at their meetings of May,
11, 2021, June 8, 2021, December 14, 2021, January 11, 2022, and April 12, 2022 and
provided comments and suggestions on the proposed updates.
3. The City Council of the City of Saratoga held a duly noticed public hearing on
November 16, 2022, and after considering all testimony and written materials provided
in connection with that hearing introduced this ordinance and waived the reading
thereof.
Therefore, the City Council hereby ordains as follows:
Section 1. Adoption.
The Saratoga Municipal Code is amended as set forth in Attachment 1. Text to be added is
indicated in bold double-underlined font (e.g., bold underlined) and text to be deleted is indicated
in strikeout font(e.g.,s�r•i�eett�). Text in standard font is readopted by this ordinance.
Section 2. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section,
sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held
invalid, the City Council declares that it would have adopted the remaining provisions of this
ordinance irrespective of the portion held invalid, and further declares its express intent that the
remaining portions of this ordinance should remain in effect after the invalid portion has been
eliminated.
Ordinance No. 393
Page 2
Section 3. California Environmental Quality Act
The proposed amendments and additions to the City Code are Categorically Exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section •
]5061(b)(3). CEQA applies only to projects which have the potential of causing a significant
effect on the environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not subject
to CEQA. In this circumstance the amendments merely clarify existing City Code, and it can be
seen with certainty that there is no possibility amendments will have a significant effect on the
environment.
Section 4. Publication.
A summaiy of this ordinance shall be published in a newspaper of general circulation of the City
of Saratoga within fifteen days after its adoption.
Following a duly noticed public hearing the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on the 16t� day of November 2022 and
was adopted by the following vote on December 7, 2022.
AYES: COUNCIL MEMBERS BERNALD, KUMAR, ZHAO, MAYOR WALIA
NOES: NONE
ABSENT: NONE
ABSTAIN: VICE MAYOR FITZSIMMONS
SIGNED: ` '
��
�
Tina Walia
MAYOR, CITY OF SARATOGA, CALIFORNtA
ATTEST:
�._____-�/ ,.�..
�"�:-�r���,,-����i�� DATE: /c�'��- ,���t.�
�ritt Avrit, MMC
CITY CLERK
APPROVED AS TO FORM:
; "�— ,._ �.— � ��1�, ) � ��
DATE: l
Richard Taylor
CITY ATTORNEY
Ordinance No. 393
Page 3
Attachment 1
Chapter 13 - HERITAGE PRESERVATION
Article 13-OS - GENERAL PROVISIONS
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 ro er ---e�esig�e�
,
including, but not limited to, exterior changes to or modifications of structure,
architectural details or visual characteristics, grading, surface paving, the addition of
new structures, removal or alteration of natural features, disturbance of archeological
sites or areas, and the placement or removal of any exterior objects such as signs,
plaques, light fixtures, walls, fences, steps or gates affecting the exterior visual qualities
of the property, but does not include painting, landscaping and ordinary maintenance.
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Ordinance No. 393
Page 4
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{�g} � Commission staff ineans the �Community Development Director and the
Director's authorized representatives.
�r} � 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.
E}}�d) Historic district means a distinct section of the Citv, sneci�callv defined in terms
of geo�raphic boundaries, designated as a historic district pursuant to this
Chapter.
(-e�-(e)Historic landmark means a buildinE, improvement, structure, natural feature,
site or area of land under single or common ownership, desi�nated as a historic
landmark pursuant to this Chanter.
-{-�(flHeritage lane means a nublic right-of-wav such as a street, road, avenue,
boulevard, nathwav or trail that has been designated as a herita�e �ese�e�lane
pursuant to this Chanter and that does not include anv portion of any nropertv
outside the public ri�ht of way.
(� � Heritage Preservation Commission means the ' commission
established pursuant to this Chapter and Commissioner means a member of the Heritage
Preservation Commission.
(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.
Ordinance No. 393
Page 5
(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 Ri�ht-of-Wav shall have the meaning set forth in section 15-06.570(a) of this Code.
Article 13-10 - HERITAGE PRESERVATION COMMISSION
Sections:
13-10.010 - Creation; qualification and residency of inembers.
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 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,
except that this requirement mav be waived bv the Citv Council if such
professionals are unavailable in the community * *'�� ���+��* +'��+ """'� ""^��c'�"�'�
��� ;� *'�� ��mm„„;*". The candidate nominated by the Saratoga Historical
Foundation can qualify as this professional member.
13-10.020 - Vacancy ����_.
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.
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 ����sier� proceedings and actions. ^ ,M ;�r;+�. ��
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Ordinance No. 393
Page 6
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.-
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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 '����'�'�r�, a�m^';*;^�, rtr�a:�� �� +�'��
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e�-e�ke� any work, permit, or approval pertaining to or significantly affecting any
heritage resource or a pronertv that staff deems to be of historic interest. The
Heritage Preservation Commission's review for any work, permit or approval
concerning a heritage lane shall be limited to apnlications for any work, permit or
approval upon or within a designated herita�e 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.
(� 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.
Ordinance No. 393
Page 7
(i) Participate in, promote and conduct public information and educational programs
pertaining to heritage resources.
(j) Perform such other functions as may be delegated to it by resolution or motion of the
City Council.
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. The Herita�e Preservation Commission mav place a pronerty satisfvin� anv
one or more of the criteria listed below on the Heritage Resource Inventory in accordance
with the nrocedures in this Code.
(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
(� 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— Initiation of Proceedin�s.
(a) Applications for designation as a historic landmark, heritage lane or historic district, or for
inclusion on the Heritage Resource Inventory may be submitted to the Heritage
Preservation Commission by any of the following:
Ordinance No. 393
Page 8
(1) The owner or owners of a building, improvement, structure, natural feature, site or area
of land, requesting such designation or inclusion of their property as a historic
landmark;
(2) The owners of at least sixty percent of the frontage of all recorded lots abutting a s�ee�
ro����o�������', ��*� *'��...�� public ri�ht-of-wav
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requesting designation as a heritage lane; or
(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 or inclusion to the Heritage Commission for its recommendation and
the Heritage Commission may consider a proposed designation or inclusion upon its own
initiative.
13-15.030 - Study of proposal.
The Heritage Preservation Commission shall conduct a study of the proposed designation
or inclusion,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 - Notice.
(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:
(1) The owner or owners of a proposed historic landmark=withdraw their objection; or
Ordinance No. 393
Page 9
(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 Herita�e Resource Inventory is proposed bv the Citv
Council or Plannin� Commission or considered bv the Herita�e Preservation
Commission upon its own initiative, and in the further event the Herita�e Preservation
Commission, as a result of its studv of the nroposal, determines that the pronosed
propertv should be included in the Heritage Resource Inventorv, the Herita�e
Preservation Commission shall mail written notice of its intent to each nerson whose
name appears on the latest available tax roll of the Countv as ownin�the propertv, or
any portion thereof,which is proposed to be included in the Herita�e Resource
Inventorv. Such written notice shall contain a comnlete descrintion of the nroposed
action and shall advise the nroperty owner(s) that written consent to the proposed
action is reauired. If consent is not received the propertv shall not be included on the
Heritage Resource Inventory and the nropertv shall not again be considered for
inclusion for at least twelve months after the date of mailin�the notice to the nronertv
owner(s) unless, prior to the exniration of such twelve-month period the owner(s)
withdraw the obiection. If consent is received the propertv shall be included on the
Herita�e Resource Inventorv.
13-15.050 - Recommendation by Heritage Preservation Commission.
Provided the Heritage Preservation Commission is not required to discontinue
consideration of a designation proposal by reason of objections raised 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
Ordinance No. 393
Page 10
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 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 a 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 e�e two 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 No. 393
Page 11
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 such ^ '��r�*�T� ����„���, it shall
adopt a resolution initiating final designation proceedings. Such resolution shall schedule a
public hearing on the proposed designation to be conducted within sixty days. Notice of the
public hearing shall be given in the manner provided in Section 13-15.080. The resolution
may further provide that during the pendency of the final designation proceedings, no
building, alteration, grading, demolition or tree removal permit shall be issued for any work
to be performed upon or within the property, which is the subject of the proposed
designation, or may be issued only upon specified conditions or under specified
circumstances.
(� Adoption or disapproval. At the conclusion of the public hearing or a time; � no
e�e�� 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
e�e two 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.
Ordinance No. 393
Page 12
(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 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 ��a�eg� 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 other property included on the
Heritage Resource Inventorv, 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 and/or inclusion in
the Herita�e Resource Inventory. 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.
Ordinance No. 393
Page 13
(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.
It is unlawful for any person to alter, demolish, remove, relocate or otherwise change any
exterior architectural feature or natural feature of a designated historic landmark or to construct,
alter, demolish, remove or relocate any building, improvement or other structure upon any
property located within a designated heritage lane or historic district, or to place, erect, alter or
relocate any sign upon or within a designated historic landmark, heritage lane or historic district,
without first obtaining a written permit to do so in the manner provided in this Article; provided,
however,that the foregoing requirements shall not apply when alternative permit requirements
for a specific historic landmark, heritage lane, or historic district have been specified by the
ordinance designating the landmark, lane, or district.
13-20.020 - Applications.
Applications for permits, � , shall be
submitted to the�gCommunitv 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.
Ordinance No. 393
Page 14
(� Such other information or documents as may be requested by the Heritage
Preservation Commission.
(g) Historic resource evaluation provided bv 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�g Communitv 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�-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 thereo£ Upon receipt of the Heritage Preservation Commission's
recommendations, the�g Communitv Develonment 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�g_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�
Communitv 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
�g Communitv 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 � 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
Ordinance No. 393
Page 15
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�Communitv 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� Communitv Develonment 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 district-if the applicant presents clear and convincing evidence demonstrating that
a disapproval of the application will work immediate and substantial hardship on the applicant
because of conditions peculiar to the person seeking to carry out the proposed work or because of
conditions peculiar to the particular improvement, building, structure, topography or other
feature involved. If a hardship is found to exist under this Section, the Heritage 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.
Ordinance No. 393
Page 16
(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 district-that does not involve a
change in design, material or the external appearance thereof, nor does this Chapter prevent the
construction,reconstruction, alteration, restoration, demolition or removal of any designated
historic landmark or property located within a designated heritage lane or historic district which
has been certified by the City building inspector, or fire chief, or other code enforcement officer
as being in unsafe or dangerous condition which cannot be rectified through the use of the
California State Historic Building Code.
13-25.030 - Duty to keep in good repair.
The owner, occupant, or the person in actual charge of a designated historic landmark or
property located within a designated'����*��� '��� �r 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 � Communitv 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
r,..,......,,,,;�., ro,...:,.o n��;,.o..� code enforcement staff.
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