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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. \ � � 11i�e ��r6u'�cr-�o`crrcr2�-�vcrccvzrr'�cr� +�y-vrcrzrri E�Eu:irrn�ti •a L• '� ++ �l,' !-`L. � "o"---- --- -------�a= --.,..�_-- r»_.,......_.. .., .'.'., �..»t.,..�.. Ordinance No. 393 Page 4 , , �� , , , , , , ao�;,�„ ..,,i ., .,� .,.,a ,. �+� ,.�„ii +�o ,.,,,o.. � ,,.�,.o� ,.�„� � o 0 o e > > > > > „*�„ ��,:� r��,,,..,o.. „�a r,,....,�,:��:,,.,o ,,,i.o,. „�.t,o uo..;�,,,�o pui:�cicciii � � � ��13���1i�-1�SSi6�3 {�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;+�. �� r� �,,,ii ,. „��:*„+o „ ,;��, ��.o �t,,,;,,t,,,..:.,,. „ ,.�o "-'' � .�...,._,. .........b ... ..,...,. 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.- T ..1;�, F ,.1„ ... rL.o i7o,.:�., o Do o i,-, o,,�,. ..� . ....,,�t �.,+;��. .,.-. `"'� " "ivy�.i�y •aiu.�� JU�1Jl,' uii�j 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:�� �� +�'�� „i .. V.,;�� : ,,,.,:�,� . ,.,.�, *„ �.o ro,.�,..,,o,a � .:.�,;., „ ao�:,.�.,.oa �.;��,...;,, � 1.....�........... .:Y�..-.�. .......... .,. ..... .b� .....,... ....,...a.., ���"i-rc'tYis—ixE�i� �6i�;.. .a;��r;�.t µ,�rl µll 1;...,�;�„�� F� ��,��.,t„ � pa;.� � .� .. „ :Z.i................ �., . .», r, > > > > > 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 � 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. 1584524.1