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HomeMy WebLinkAbout89-08 BEFORE THE TOWN COUNCIL OF THE TOWN OF DANVILLE In the Matter of: Adding to Title 8 (Plahning and ) Ordinance No. 89-8 Land Use) of the Town of Danville ) Municipal Code Chapter 58, Historic) Preservation establishing a program) for the preservation of heritage ) resources. ) ) THE TOWN COUNCIL OF THE TOWN OF DANVILLE DOES ORDAIN AS FOLLOWS: SECTION 1. A new chapter 58, Historic Preservation, comprised of Sections 8-5801 through 8-5824, is added to Title 8 (Planning and Land Use) of the Danville Municipal Code to read as follows: CHAPTER 58 HISTORIC PRESERVATION Article 1. Introduction Section 8-5801 Purpose and Intent Section 8-3502 Definitions Article 2. Designation of Heritage Resources Section 8-5803 Survey Section 8-5804 Criteria for Designation Section 8-5805 Incentives Section 8-5806 Nomination Section 8-5807 Interim Control Section 8-5808 Review and Recommendation Section 8-5809 Notice and hearing Section 8-5810 Decision Section 8-5811 Notification Section 8-5812 Amendment or Termination Article 3. Alteration to a Heritage Resource Section 8-5813 Certificate of Approval Required Section 8-5814 Application Fee Section 8-5815 Standards for Review Section 8-5816 Review and Determination Section 8-5817 Appeal Section 8-5818 Demolition Section 8-5819 Property Owned by Public Agencies PAGE 1 OF ORDINANCE NO. 89-8 Article 4. Miscellaneous Provisions Section 8-5820 Maintenance Section 8-5821 Exemption for Economic Hardship Section 8-5822 Limitations on Applicability Section 8-5823 Enforcement Section 8-5824 Removal of Heritage Resource ARTICLE 1. INTRODUCTION Section 8-5801 Purpose and Intent Section 8-3502 Definitions Section 8-5801. Purpose and Intent The purpose of this chapter is to promote the general welfare of the public by: A. providing a mechanism to identify and preserve the historic, visual, and aesthetic character and diversity of the Town of Danville by encouraging the protection, enhancement, perpetuation and use of areas, places, sites, improvements or other objects or things that represent past eras, events or persons important in the Town's cultural, archaeological, social, economic, political, agricultural, military or educational history, or which provide significant examples of architectural styles of the past or which are unique and irreplaceable assets to the Town, or which provide examples of the physical surroundings in which past generations lived; B. promoting the continued private ownership and utilization of such structures by providing economic incentives to stabilize and improve the value of the property designated as historic resources and strengthen the economy of the Town by enhancing the Town's attraction to residents and visitors; C. fostering knowledge, understanding and appreciation of our heritage thereby creating civic pride and a sense of identity based upon the recognition and use of the Town's historical resources; D. establishing a basis for coordinating the goal of preservation of historic structures with the need to set standards and guidelines for the orderly growth and development of the community. Section 8-5802. Definitions In this chapter unless otherwise provided: PAGE 2 OF ORDINANCE NO. 89-8 A. "alteration" means an exterior change or modification of heritage resource or of property located within a historic district including, but not limited to: 1. exterior changes to or modifications of structure, architectural details or visual characteristics such as paint color and surface texture; 2. grading or surface paving; 3. construction of new structures; 4. cutting or removal of trees and other natural features; 5. disturbance of archaeological sites or areas; and 6. the placement or removal of any exterior objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings and landscape accessories that affect the exterior visual qualities of the property; B. "architectural feature" means the architectural elements embodying style, design, general arrangements and components of all of the outer surfaces of any improvements, including, but not limited to, the kind, color and texture of the building materials and the style and type of all windows, doors, lights, signs and other fixtures appurtenant to a structure; C. "designated heritage resource" means a site, improvement, appurtenance, natural feature or other object that has been designated under Article 2 of this chapter; D. "Heritage Resource Commission" means the Heritage Resource Commission established under Title 3, Chapter 5; E. "improvement" means a building, structure, place, parking facility, fence, gate, wall, work of art or other object constituting a physical addition to real property, or any part of the physical addition; F. "major alteration" means an application involving a modification to one or more of the following items: 1. additions to a structure; 2. construction of a new building; 3. exterior building materials, not including items listed in Section 8-5802.H; 4. grading; PAGE 3 OF ORDINANCE NO. 89-8 5. natural features designated as a heritage resource; G. "minor alteration" means an application involving a modification to one or more of the following items: 1. building color 2. signs 3. light fixtures 4. plant materials, landscape, hardscape, or paving not including natural features designated as a heritage resource; 5. street furniture 6. awnings 7. doors and windows H. "natural feature" means a tree, significant landscaping feature or significant geological formation; I. "owner" means the person whose name appears as the owner of a site, improvement or natural feature on the last assessment roll of Contra Costa County; J. "preservation" means the identification, study, protection, restoration, rehabilitation, reconstruction, relocation or enhancement of a heritage resource; K. "site" means a parcel or portion of real property. ARTICLE 2. DESIGNATION OF HERITAGE RESOURCES Section 8-5803 Survey Section 8-5804 Criteria for Designation Section 8-5805 Incentives Section 8-5806 Nomination Section 8-5807 Interim Control Section 8-5808 Review and Recommendation Section 8-5809 Notice and hearing Section 8-5810 Decision Section 8-5811 Notification Section 8-5812 Amendment or Termination PAGE 4 OF ORDINANCE NO. 89-8 Section 8-5803. Survey The Town of Danville shall undertake an ongoing survey and research effort in the Town to identify areas, sites, improvements and objects that have historic, community, architectural, cultural or aesthetic importance, interest or value, and shall compile appropriate descriptions, facts and photographs of potential heritage resources. The owner of record shall be notified that his/her improvement has been placed on the inventory of heritage resources. Section 8-5804. Criteria for Designation The Town Council may designate any improvement or property over 50 years of age or, in special circumstances, under 50 years, as a heritage resource upon the written consent of the property owners if it meets any of the following criteria: A. is representative of a particular architectural style or reflects special elements of a distinct historical period, type, style or way of life important to the Town; B. is a type of building or is associated with a business or use which was once common but is now rare; C. is representative of the evolution or development or associated with the cultural, religious, educational, political, social or economic growth of the community, county, state or nation; D. represents the work of a master builder, engineer, designer, artist or architect whose individual genius influenced his era; E. is the site of an historical event or is associated with persons or events that have made a meaningful contribution to the nation, state of community; F. has a high potential for yielding information or archeological interest; G. embodies elements of outstanding or innovative attention to architectural or engineering design, detail, craftsmanship or use of materials; H. the unique location or singular physical characteristic represents an established and familiar visual feature of the neighborhood, community or Town; PAGE 5 OF ORDINANCE NO. 89-8 I. is a geographically definable area, possessing a significant concentration or continuity of site, improvements, natural features or objects unified by past events or physical development; J. is an unusual natural feature. Section 8-5805. Incentives The Town of Danville may offer the following incentives to the owner(s) of property meeting the criteria for designation in order to encourage their participation in the preservation program: A. waive restrictions contained in Downtown Business District Ordinance Sections 8-3511, 8-3512, and 8-3514 on the location of personal service, service/commercial, service office, and office uses in Downtown Business District Areas 1,2, and 4; B. if located within area 1, 2 or 3 of the Downtown Business District, a reduction in the parking requirements for any approved addition to the structure and/or site, or approved change in use; C. relaxation of development standards for additions to designated structures and/or site; D. a reduction in the fees for the appropriate building permits required to do improvements; E. expedited processing of permit applications; F. liberal interpretation of the Historic Building Code; G. if located in the Downtown, a reduction of the anticipated beautification assessment; H. availability of low interest loans for alteration of the improvement; I. availability of grants for rehabilitation from a portion of the Town's retail sales tax revenues, as may be budgeted from time-to-time; J. a reduction in property taxes;' K. inclusion in a pamphlet to be distributed to residents and tourists; L. identification plaques for designated improvements. M. Such other incentives as Town Council may from time-to-time implement. PAGE 6 OF ORDINANCE NO. 89-8 Section 8-5806. Nomination A. A nomination for a heritage resource shall be made to the Heritage Resource Commission on a form prepared by it. A nomination may be submitted by (1) the owner of record of the property or structure, (2) the Heritage Resource Commission, (3) the Planning Commission, (4) the Town Council, or (5) any other organization with a recognized interest in historical preservation. B. The nomination shall clearly identify the proposed heritage resource and shall set forth reasons justifying the proposed designation. C. Notification of nomination shall be given.to the owner within 10 days, although the nomination does not require the owner's permission. Section 8-5807. Interim Control Once nominated, no building permit shall be issued for major alteration, construction, demolition, or removal of any potential historic resource until the final disposition of the nomination by the Town Council unless such alteration, or removal is authorized by formal resolution of Town Council as necessary for public health, welfare or safety. In no event shall the delay be for more than one hundred eighty (180) days. Section 8-5808. Review and Recommendation A. The Heritage Resource Commission shall review each nomination application for conformance with the purpose and standards of this chapter and the criteria in Section 8-5804; B. The Heritage Resource Commission shall conduct a study of the proposed designation and make a preliminary determination based on such documentation as it may require. Their recommendation for approval, rejection or modification of the proposed designation shall be forwarded to the Town Council within sixty (60) days after receipt of a completed nomination application for that resource. C. When submitting its recommendation to the Town Council, the Heritage Resource Commission shall provide comments regarding the relationship of the proposed designation to the general plan and any applicable specific plan, its opinion as to the effect of the proposed designation upon the surrounding neighborhood, and its opinion and recommendation as to any other planning consideration that may be relevant to the proposed designatioh. PAGE 7 OF ORDINANCE NO. 89-8 D. The Town shall notify the owner of a proposed designation by certified mail with return receipt at least thirty (30) days before any Heritage Resource Commission consideration of the designation and of any action taken regarding the designation. E. The property owner of a structure nominated for heritage resource designation may notify the Town, in writing, of their decision to withhold or grant permission for the heritage resource designation at any time after the nomination but prior to designation. Section 8-5809. Notice and Hearing A. The Town Council shall schedule a public hearing on a proposed designation to be held within 30 days after receiving a recommendation from the Heritage Resource Commission. B. The Town shall send written notice of the date, time, place and purpose of the hearing at least 15 days before the hearing to the owner(s) of record, and applicant (if other than owner) and owners of property within 300 feet of the proposed designation. Failure to receiye notice does not invalidate the proceedings. Section 8-5810. Decision A. The Town may approve, approve with modifications or disapprove a recommendation for heritage resource designation. However, in no case, shall a designation be made without the consent of the owner. The decision shall be made by resolution. A designated heritage resource shall thereafter be subject to the regulations set forth in this chapter and any amendments to it. B. If a nomination is hisapproved, a subsequent application for the same resource may not be considered for at least three years unless substantial additional information becomes available, in which case the nomination can be resubmitted after one year. A new application may be submitted by the property owner at any time. Section 8-5811. Notification A. The Town Council shall notify the owner of a proposed heritage resource within 30 days of its determination. PAGE 8 OF ORDINANCE NO. 89-8 f B. If an improvement is designated a heritage resource, the Town shall send a copy of the resolution to the property owner, Heritage Resource Commission, Planning Commission, Building Officer, San Ramon Valley Historical Society, California State Historic Preservation Officer and Contra Costa County Recorder. C. The property owner shall also be provided with a copy of this chapter and information regarding eligibility for benefits under local, state or federal law to the owner of the resource. Section 8-5812. Amendment or Termination A. The Town Council may amend or terminate a heritage resource designation. A designation may be terminated only if a change of circumstances results in the resource no longer satisfying the criteria set forth in Section 8-5804. B. If termination of a heritage resource designation is approved at the request of the property owner, penalties will be assessed by the Town Council to offset the original incentives given for participation in the program. C. The procedure for amending or terminating a designation is the same as for designating a resource under this article. A petition for amending or terminating may be submitted to the Heritage Resource Commission and shall ~e accompanied by a processing fee in an amount established by Town Council resolution. ARTICLE 3. ALTERATION TO A HERITAGE RESOURCE Section 8-5813 Certificate of Approval Required Section 8-5814 Application Fee Section 8-5815 Standards for Review Section 8-5816 Review and Determination Section 8-5817 Appeal Section 8-5818 Demolition Section 8-5819 Property Owned by Public Agencies Section 8-5813. Certificate Required No person may alter the exterior or remove or relocate any improvement, or any portion thereof, which has been designated a heritage resource under Article 2 without first obtaining a certificate of approval under this article. PAGE 9 OF ORDINANCE NO. 89-8 Section 8-5814. Application Fee and Form A. The Building official shall report any application for a permit to work on a designated heritage resource to the Chief of Planning along with an application for a certificate of approval in a form prescribed by the Town. The application shall include the following: 1. the name, address and telephone number of the applicant 2. the location of the property with a colored photo 3. a concise statement of the nature and extent of the proposed work 4. plans and specifications showing the proposed exterior appearance 5. color and texture of materials and 6. other necessary information requested by the Chief of Planning. The application requirements may be reduced if, in the judgement of the Chief of Planning, certain items are not necessary to review the application. B. The completed application shall be accompanied by a fee in an amount established by Town Council resolution to cover the administrative costs of processing. Section 8-5815. Standards for Review The following standards apply to review of a certificate of approval application. A. The proposed work should not adversely affect the exterior architectural features of the building, site, or the special character, interest or value of its neighboring improvements and surroundings, including facade, setback, roof shapes, scale, height and relationship of material, color and texture. B. The reviewing body shall be guided by the most current revision of the Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings," and the State Historic Building Code, which deals with as many aspects of alternative approaches to the prevailing codes as possible, including structural, fire, safety, handicapped requirements and the use of archaic materials. Both publications are incorporated herein by reference. C. The reviewing body shall also be guided by any written design guidelines which have been adopted by the Heritage Resource Commission or Town Council as applicable to a heritage resource. PAGE 10 OF ORDINANCE NO. 89-8 D. The Heritage Resource Commission shall make recommendations to the applicant concerning change, if any, in the proposed action that would cause the Commission to reconsider its denial and shall confer with the applicant and attempt to resolve the differences as quickly as possible. An applicant may re-submit an amended application or reapply for a building or demolition permit that takes into consideration the recommendations of the Commission. Section 8-5816. Review and Determination. A. Review of Minor Alterations 1. The Chief of Planning, or his or her designee, shall review the completed application within 10 working days after receipt. If the proposed work meets the minimum design standards in Section 8-5815, the Chief of Planning shall approve the application and notify the Heritage Resource Commission of such action. 2. If, in the judgment of the Chief of Planning, the proposed work does not meet the standards, the Chief of Planning shall forward the application to the Heritage Resource Commission for its review and determination. The Heritage Resource Commission shall make its decision within 60 days after receipt of the application. B. Review of Major Alterations Within 10 working days after receipt, the Chief of Planning shall forward the completed application to the Heritage Resource Commission for its review and determination. Heritage Resource Commission shall make its decision within 60 days after receipt of the application. C. Determination The reviewing body shall either issue the certificate of approval or advise the applicant in writing of the reasons for denial within 10 days of its decision. Section 8-5817. Appeal A. An action of the Heritage Resource Commission may be appealed to the Town Council by filing a written notice of appeal with the Town Clerk within 10 days following the determination of the Commission. PAGE 11 OF ORDINANCE NO. 89-8 B. The Town Council shall consider the appeal within 30 days from receipt of the notice and may confirm, reject or modify the decision of the commission. Written notice shall be provided to the appellant within 10 days after the Council's determination. Section 8-5818. Demolition. A. If an application is for demolition, the town may suspend issuance of a demolition permit or certificate of approval for 180 days to allow the Heritage Resource Commission to take such steps as it deems necessary to preserve or restore the structure concerned. Such steps may include consultation with civic groups, public agencies and interested citizens, exploration of the possibility of moving one or more structures or other features and recommendations for acquisition of the property by public or private agencies. B. In order to properly evaluate the potential loss of the structure, the Heritage Resource Commission shall take into consideration the economic feasibility of the alternatives to the proposal and balance the interest of the public with the interest of the owner of the structure. C. If the application for demolition is approved, the permit shall not be activated until the building permit for the replacement structure is approved by the .Chief of Planning, unless the heritage resource is in an unsafe or dangerous condition. Section 8-5819. ProDerty Owned by Public Agencies. The Heritage Resource Commission shall notify public agencies which owns or may acquire property in the town regarding the existence and character of the designated heritage resources. If the public agency is not subject to the zoning jurisdiction of the Town, that agency shall be encouraged to seek the advice of the Heritage Resource Commission before the construction, alteration or demolition of a designated heritage resource. ARTICLE 4. MISCELLANEOUS PROVISIONS Section 8-5820 Maintenance Section 8-5821 Exemption for Economic Hardship Section 8-5822 Limitations on Applicability Section 8-5823 Enforcement Section 8-5824 Removal of Heritage Resource PAGE 12 OF ORDINANCE NO. 89-8 Section 8-5820. Maintenance A. The owner and tenant of a designated heritage resource shall keep and maintain in good condition and repair all exterior portions of the resource and all interior portions whose maintenance is necessary to prevent deterioration and decay of an exterior feature. B. Nothing in this chapter shall be construed to prevent the ordinary maintenance, painting, landscaping or repair of an exterior feature that does not involve a change in design, material or external appearance. Section 8-5821. Exemption for Economic Hardship A. The Town Council may declare a designated heritage resource exempt from the requirements of this chapter if compliance with this chapter will cause immediate and substantial financial hardship. The owner or owner's representative must present evidence demonstrating the hardship. B. The Council shall hold a public hearing before deciding upon an exemption. Notice of the hearing shall be provided as set forth in Section 8-5809. If a hardship is found to exist, the Town Council shall make a written finding to that effect, specifying the facts and reasons relied upon. Section 8-5822. Limitations on Applicability A. Unsafe or Dangerous Conditions This chapter shall not be construed to prevent any measures of construction, alteration, restoration, removal or demolition necessary to correct or abate the unsafe or dangerous condition of an improvement, or part of an improvement, which has been declared unsafe or dangerous by the planning department or Fire Marshall. Only such work as is reasonably necessary to correct the unsafe or dangerous condition may be performed under this section. B. Removal of Heritage Resource If a designated heritage resource is damaged by fire or other calamity or by act of God to such an extent that it cannot reasonably be repaired or restored, it may be removed in conformity with the procedures set forth in this chapter. PAGE 13 OF ORDINANCE NO. 89-8 Section 8-5823. Enforcement The Building Officer shall have the authority to implement the enforcement of this chapter by any of the following means: A. entering an improvement as provided by law for the purposes of investigation and inspection; B. serving notice requiring the removal of any violation of this chapter upon the owner, agent or occupant of the improvement; C. calling upon the Town Attorney to institute any necessary legal proceeding. Section 8-5824. Violation A violation of this chapter is an infraction punishable as set forth in the Municipal Code. SECTION 2. EFFECTIVE DATE This ordinance takes effect 30 days after its adoption. SECTION 3. PUBLICATION The Town Clerk shall either a) have this ordinance published once within 15 days after adoption in a newspaper of general circulation or b) have a summary of this ordinance published twice in a newspaper of general circulation, once five days before its adoption and again within 15 days after adoption. The foregoing ordinance was introduced at a meeting of the Town Council of the Town of.Danville held on May 15, 1989, and was adopted and ordered published at a meeting of the Council held on June 5, 1989, by the following vote: AYES: Greenberg, Jagger, Lane, Ritchey, Schlendorf NOES None ABSTAIN: None ABSENT: None PAGE 14 OF ORDINANCE NO. 89-8 // // ~YOR f/ ATTEST: ord89-8.1 PAGE 15 OF ORDINANCE NO. 89-8