Chapter 42 HISTORICAL PRESERVATION*
__________
*Cross references: Buildings and building regulations, ch. 14; planning and development, ch. 78; utilities, ch. 110; zoning, ch. 122.
__________
Sec. 42-1. Declaration of public policy and purpose.
Sec. 42-2. Definitions.
Sec. 42-3. Responsibility of Planning Commission for implementation of chapter.
Sec. 42-4. Designation of historical landmarks.
Sec. 42-5. Regulation of changes to landmark property; certificate of appropriateness.
Sec. 42-6. Limitation on power of Planning Commission.
Sec. 42-7. Exemptions from building code.
Sec. 42-8. Termination of landmark designation.
Sec. 42-9. Severability.
Sec. 42-10. Application fees.
Sec. 42-1. Declaration of public policy and purpose.
The City Council hereby declares as a matter of public policy that the preservation, protection, perpetuation, and use of areas, places, sites, buildings, and structures of historical, community, or aesthetic interest or value is a public necessity and is required in the interest of the health, prosperity, safety, and welfare of the people. The purpose of this chapter is to provide a means to:
(Code 1965, § 4320; Ord. No. 966)
(1) Delay the sudden, arbitrary, impetuous, and capricious destruction, removal, or remodeling of historical landmarks when such action would have the effect of destroying or changing the historical significance of a historical landmark;
(Code 1965, § 4320; Ord. No. 966)
(2) Safeguard the heritage of the city by preserving and perpetuating locations, areas, places, sites, buildings, structures, monuments, works of art, and other objects or things which reflect elements of the city's cultural, historical, social, economic, political, agricultural, military, educational, or architectural history;
(Code 1965, § 4320; Ord. No. 966)
(3) Protect and enhance the city's attractions to residents, tourists, and visitors;
(Code 1965, § 4320; Ord. No. 966)
(4) Enhance the visual and aesthetic character, diversity, and interest of the city;
(Code 1965, § 4320; Ord. No. 966)
(5) Foster civic pride in the beauty and notable accomplishments of the past and enrich human life in its educational, patriotic, civic, and cultural dimension;
(Code 1965, § 4320; Ord. No. 966)
(6) Promote the use and preservation of historic locations, places, sites, structures, objects, or things for the education and general welfare of the people of the city;
(Code 1965, § 4320; Ord. No. 966)
(7) Take whatever steps are necessary to safeguard the property rights of the owners whose property is declared to be a "landmark."
(Code 1965, § 4320; Ord. No. 966)
For purposes of this chapter, unless the context clearly indicates otherwise, the following words and phrases have the meanings given in this section:
(Code 1965, § 4321; Ord. No. 966)
Environmental change. Any major change in the design, elevation, or the interior or exterior remodeling of any building in a way which would change a historically significant aspect of the building, or the destruction or removal of such building, or major physical change in the grounds designated as a landmark herein.
(Code 1965, § 4321; Ord. No. 966; Ord. No. 1058)
Landmark. Any location, area, place, site, building, structure, monument, works of art, and other objects or things which have been designated as a historical landmark pursuant to this chapter.
(Code 1965, § 4321; Ord. No. 966)
Cross references: Definitions generally, § 1-10.
Sec. 42-3. Responsibility of Planning Commission for implementation of chapter.
The Planning Commission (hereinafter referred to as the Commission) is assigned responsibility for the implementation of this chapter. If the Commission determines that it is appropriate, and with the approval of the City Council, these responsibilities may be delegated to a committee operating under the general supervision of the Planning Commission. If this is done, the Commission will serve as a first level of appeal for Committee action.
(Code 1965, § 4322; Ord. No. 966; Ord. No. 1006; Ord. No. 87- 36)
Sec. 42-4. Designation of historical landmarks.
(a) Criteria to be applied. In considering the designation of any area, location, site, place, building, structure, work of art, or similar object in the city as a landmark, the Commission shall apply the following criteria with respect to such property. The applicability of at least one criterion is necessary to make a property eligible for designation.
(Code 1965, § 4323; Ord. No. 966; Ord. No. 1006; Ord. No. 1058)
(1) Its character, interest, or value as part of the development, heritage, or cultural characteristics of the city, the state, or the United States of America.
(Code 1965, § 4323; Ord. No. 966; Ord. No. 1006; Ord. No. 1058)
(2) Its location as an area, place, or site of a significant historic event.
(Code 1965, § 4323; Ord. No. 966; Ord. No. 1006; Ord. No. 1058)
(3) Its identification with a person or persons who significantly contributed to the culture, history, and development of the city.
(Code 1965, § 4323; Ord. No. 966; Ord. No. 1006; Ord. No. 1058)
(4) Its exemplification of the cultural, educational, economic, patriotic, social, or historic heritage of the city.
(Code 1965, § 4323; Ord. No. 966; Ord. No. 1006; Ord. No. 1058)
(5) Its portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style.
(Code 1965, § 4323; Ord. No. 966; Ord. No. 1006; Ord. No. 1058)
(6) Its embodiment of distinguishing characteristics of an architectural type or specimen.
(Code 1965, § 4323; Ord. No. 966; Ord. No. 1006; Ord. No. 1058)
(7) Its identification as the work of an architect or master builder whose individual work has influenced the development of the city.
(Code 1965, § 4323; Ord. No. 966; Ord. No. 1006; Ord. No. 1058)
(8) Its embodiment of elements of architectural design, detail, materials, or craftsmanship which represent a significant architectural innovation.
(Code 1965, § 4323; Ord. No. 966; Ord. No. 1006; Ord. No. 1058)
(9) Its relationship to other distinctive locations, areas, places, and sites which are eligible for preservation according to a plan based on an historic, educational, patriotic, cultural, or architectural motif.
(Code 1965, § 4323; Ord. No. 966; Ord. No. 1006; Ord. No. 1058)
(10) Its unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, community, or the city.
(Code 1965, § 4323; Ord. No. 966; Ord. No. 1006; Ord. No. 1058)
(b) Nomination of landmarks. The Commission shall solicit, receive, and consider nominations of buildings, structures, sites, areas, and trails for designation as landmarks. Nominations must include a clear description of the building and/or site and an enumeration of the applicable criteria.
(Code 1965, § 4323; Ord. No. 966; Ord. No. 1006; Ord. No. 1058)
(c) Planning report and recommendation. The Commission shall advise the Director of Planning of the proposed designation and secure from the Director a report with his recommendation with respect to the relationship of the proposed designation to the General Plan of the city, the surrounding neighborhood, and any other planning consideration which may be relevant to the proposed designation, together with his recommendation of approval, rejection, or modification of the proposed designation. Said report shall be retained as part of the official record of the proposed designation.
(Code 1965, § 4323; Ord. No. 966; Ord. No. 1006; Ord. No. 1058)
(d) Notification of proposed designation; notice of hearing.
(1) The Commission shall thereafter notify the owner of such property of the proposed designation.
(Code 1965, § 4323; Ord. No. 966; Ord. No. 1006; Ord. No. 1058; Ord. No. 85-4)
(2) The Commission shall hold a public hearing on the question of the proposed designation. At least ten days prior to the public hearing, a notice of the hearing shall be published in the newspaper used for official city notices, and written notice of the hearing shall be mailed to the following:
(Code 1965, § 4323; Ord. No. 966; Ord. No. 1006; Ord. No. 1058; Ord. No. 85-4)
a. The owner, as shown on the latest equalized assessment roll;
(Code 1965, § 4323; Ord. No. 966; Ord. No. 1006; Ord. No. 1058; Ord. No. 85-4)
b. All persons having a legal or equitable interest in the property proposed for designation, to the extent such persons can be identified;
(Code 1965, § 4323; Ord. No. 966; Ord. No. 1006; Ord. No. 1058; Ord. No. 85-4)
c. All owners, as shown on the latest equalized assessment roll, of real property located within 300 feet of the real property which is the subject of the appeal;
(Code 1965, § 4323; Ord. No. 966; Ord. No. 1006; Ord. No. 1058; Ord. No. 85-4)
d. Any person who has specifically requested notice.
(Code 1965, § 4323; Ord. No. 966; Ord. No. 1006; Ord. No. 1058; Ord. No. 85-4)
(3) Records of the County Assessor which contain more recent information than the assessment roll may be utilized in lieu of the latest equalized assessment roll for determining the names and addresses of property owners. The decision as to what Assessor's information will be used is within the sole discretion of the city.
(Code 1965, § 4323; Ord. No. 966; Ord. No. 1006; Ord. No. 1058; Ord. No. 85-4)
(e) Conduct of public hearing; determination by Commission. The Commission shall conduct a public hearing and shall provide a reasonable opportunity for all interested parties to express their opinions. The Commission shall, by resolution, make a determination with respect to the designation, in writing, including a description of the actual property to be designated, within 15 days after the initial hearing date, or any continuance thereof, and shall notify any owner or any person having a legal or equitable interest in said property, as well as such other interested parties as may request a copy thereof.
(Code 1965, § 4323; Ord. No. 966; Ord. No. 1006; Ord. No. 1058)
(f) Filing with County Recorder; notification of Building Official; notice of designation. The Commission shall then notify the city Building Official of the official designation. The Commission may also file with the County Recorder a certified copy of the designation resolution, together with a notice briefly stating the fact of said designation and a summary of the effects said designation will have. The Commission further shall also send, by certified mail, a certified copy of this chapter and a copy of the notice hereinabove described to the owner and any person having a legal or equitable interest in said property.
(Code 1965, § 4323; Ord. No. 966; Ord. No. 1006; Ord. No. 1058)
(g) Appeal. Any interested person may appeal the action of the Commission in designating a historical landmark to the City Council pursuant to section 2-52 of this Code. During the pendency of any appeal, the owner or lessee of the landmark shall not proceed to undertake any major changes to such landmark, as such major changes are defined in section 42-2 of this chapter.
(Code 1965, § 4323; Ord. No. 966; Ord. No. 1006; Ord. No. 1058)
Sec. 42-5. Regulation of changes to landmark property; certificate of appropriateness.
Prior to any person who owns, rents, or occupies property which has been designated as a landmark making any environmental change in such property, a certificate of appropriateness must be procured from the Commission with respect to such environmental change. The following procedures shall apply to all alterations, demolitions, removals, or construction of such property in the city.
(Code 1965, § 4324; Ord. No. 966; Ord. No. 1006)
(1) Application for certificate of appropriateness. Any application to the city Building Division for a building permit for an environmental change shall also be deemed an application for a certificate of appropriateness and shall be forwarded to the Commission, together with copies of all detailed plans, designs, elevations, specifications, and documents relating thereto, within seven days after receipt thereof. An application for a certificate of appropriateness may be filed by the applicant directly with the Commission at the same time that an application for a building permit is filed.
(Code 1965, § 4324; Ord. No. 966; Ord. No. 1006; Ord. No. 1058)
(2) Issuance of certificate. The Commission shall issue a certificate of appropriateness if it finds that the environmental change proposed by the applicant:
(Code 1965, § 4324; Ord. No. 966; Ord. No. 1006)
a. Will not adversely affect any significant historical or aesthetic feature of the property and is appropriate and consistent with the spirit and purposes of this chapter; or
(Code 1965, § 4324; Ord. No. 966; Ord. No. 1006)
b. Is the necessary and appropriate method of remedying conditions determined in writing by the city Building Division, the Central Contra Costa Consolidated Fire District, or the county Department of Public Health to be dangerous to life, health, or property.
(Code 1965, § 4324; Ord. No. 966; Ord. No. 1006)
(3) Disapproval of application. If the Commission finds that the environmental change proposed by the applicant will adversely affect any significant historical or aesthetic feature of the property or is inappropriate or inconsistent with the purposes of this chapter, the Commission shall disapprove the application and so advise the applicant, in writing, and the city Building Division, in writing, within 30 days after receiving the application.
(Code 1965, § 4324; Ord. No. 966; Ord. No. 1006)
(4) Waiting period. If it disapproved the application for a certificate of appropriateness, the Commission may impose and enforce a waiting period not to exceed six months from the date of its notice of disapproval, during which period the Commission shall conduct negotiations with the applicant and any other party in an effort to find a means of preserving the property as follows:
(Code 1965, § 4324; Ord. No. 966; Ord. No. 1006)
a. With respect to an application involving an alteration, the Commission and the applicant shall work together during said period to find a mutually agreeable method of completing the proposed environmental change;
(Code 1965, § 4324; Ord. No. 966; Ord. No. 1006)
b. With respect to an application involving a demolition, removal, or construction, the Commission may, in its discretion, extend the original waiting period of six months for an additional six months. During the said waiting period of time, the Commission and the applicant shall undertake meaningful and continuing discussions for the purpose of finding a method of saving such improvement. The Commission shall also investigate the feasibility of all available ways and means of preserving the improvement, including, without limitation, inducing by contract or other consideration the creation of covenants restricting the use of the property, leasing, and subleasing the property for the purposes of preservation and acquiring by eminent domain, contract, or conveyance all or any part of, or interest in, the property. If the Commission and the applicant do not agree on a means of preserving the improvement within the waiting period or any extensions thereof, a certificate of appropriateness shall not be required for the proposed environmental change.
(Code 1965, § 4324; Ord. No. 966; Ord. No. 1006)
(5) Written notice of issuance. Upon issuance of a certificate of appropriateness, the Commission shall give written notices of the issuance to the applicant and the city Building Division.
(Code 1965, § 4324; Ord. No. 966; Ord. No. 1006)
(6) Nonaction by Commission on application. If no action has been taken by the Commission on an application for a certificate of appropriateness within 45 days after such application has been received by the Commission, the certificate of appropriateness shall be deemed issued.
(Code 1965, § 4324; Ord. No. 966; Ord. No. 1006)
Sec. 42-6. Limitation on power of Planning Commission.
The Commission shall have no power or right to acquire or take any property herein without the consent of the owner, provided that the city may elect to proceed to condemn such property as permitted by law.
(Code 1965, § 4325; Ord. No. 966; Ord. No. 1006)
Sec. 42-7. Exemptions from building code.
The Commission may request exemptions from requirements of the city building code for buildings or structures constituting designated landmarks when it appears such exemptions are necessary to the preservation of historical features or elements of the landmark. Upon approval of the Commission, such exemptions shall be granted by the City Engineer if such exemptions will not create any conditions which are immediately hazardous to life or property.
(Code 1965, § 4326; Ord. No. 966; Ord. No. 1006)
Sec. 42-8. Termination of landmark designation.
The owner or any interested person may apply to the Commission for termination of a landmark designation. The same procedures, notices, and hearings shall apply as set forth in section 42-4 of this chapter for designating landmarks. When a landmark is terminated, the Building Official shall be notified and an appropriate cancellation notice of previously recorded notice of designation shall be recorded in the office of the County Recorder.
(Code 1965, § 4327; Ord. No. 966; Ord. No. 1006)
If any section, subsection, paragraph, or other portion of this chapter is for any reason held to be unconstitutional or invalid, such decisions shall not affect the validity of the remaining portions of this chapter.
(Code 1965, § 4328; Ord. No. 966; Ord. No. 1006)
Applications for a certificate of appropriateness or an amendment or termination of a landmark designation under this chapter shall be accompanied by a fee as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 4329; Ord. No. 88-30)