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HomeMy WebLinkAboutOrd 978-1985ORDINANCE NO. 978-85 AN ORDINANCE ADDING TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE CHAPTER 2.58 ENTITLED "HISTORIC PRESERVATION COMMISSION" THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. CHAPTER 2.58 ADDED TO THE MUNICIPAL CODE There is hereby added to the South San Francisco Municipal Code Chapter 2.58 which shall read as follows: "CHAPTER 2.58 HISTORIC PRESERVATION COMMISSION Sections: 2.58.010 2.58.020 2.58.030 2.58.040 2.58.050 2.58.060 2.58.070 2.58.080 2.58.090 2.58.100 2.58.110 2.58.120 2.58.130 2.58.140 2.58.150 2.58.160 2.58.170 2.58.180 2.58.190 2.58.200 Findings and Purposes Definitions Commission Established; Members; and Appointment Terms; Limitations; and Vacancy Limitation of terms-Vacancies Chairman, Chairman Pro tem, and Secretary Meetings Compensation Clerk's duties Powers and Duties Criteria for Historic Designation Procedures for Historic Designation Certificate for Alteration Termination of Certificate of Alteration Ordinary Maintenance and Repair Duty to Keep in Good Repair Enforcement Penalties Remedies Cumulative Appeals 2.58.010 Findings and Purposes. (a) It is hereby found that structures, sites and areas of special character or special historical, architectural, or aesthetic interest or value have been and continue to be unnecessarily destroyed, impaired or neglected despite the feasibility of preserving them. (b) It is further found that the prevention of such needless destruction and impairment is essential to the health, safety and general welfare of the citizens of the City of South San Francisco. (c) The purpose of this Chapter is to promote the health, safety and general welfare of the citizens of the City of South San Francisco through: (1) The identification, protection, enhancement, perpetua- tion and use of structures, sites and areas that are reminders of past eras, events and persons important to local, state or national history, or which provide significant examples of architectural styles of the past or are elements in the history of architecture or which are unique and irreplaceable assets to the City of South San Francisco and its neighborhoods, or which provide for this and future generations examples of the physical surroundings in which past generations lived. (2) The development and maintenance of appropriate settings and environments for such structures, in such sites and areas. (3) The enhancement of property values, the stabilization of neighborhoods and areas of the City, and the increase of economic and financial benefits to the City and its inhabitants. (4) The preservation and encouragement of a City of varied architectural styles, reflecting the distinct phases of its history - cultural, social, economic, political and architectural. (5) The enrichment of human life in its educational and cultural dimensions in order to serve spiritual as well as material needs by fostering knowledge of the living heritage of the past. =2- 2.58.020 Definitions. For the purpose of this chapter, the following words and phrases are defined as follows: (a) "ALTERATION" means any change to or modification of an Historic Resource. (b) "ARCHITECTURAL" means anything pertaining to the science, art or profession of designing and constructing buildings. (c) "CERTIFICATE OF ALTERATION" means an approved certificate issued for the construction, demolition, alteration, removal or relocation of any publicly or privately owned HISTORIC RESOURCE. (d) "COMMISSION" means the Historic Preservation Commission appointed pursuant to the provisions of this chapter. (e) "CULTURE" or "CULTURAL" means anything pertaining to the concept, skills, habits, arts, instruments, or institutions of a given people at a given point in time. (f) "DIRECTOR" means the Director of Recreation and Community Services. (g) "HISTORIC RESOURCE" means a structure, natural feature, or site of architectural, artistic, cultural, engineering, aesthetic, archeo- logical, historical, political, or social significance to the citizens of the City of South San Francisco, the state, or the nation. (h) "NATURAL FEATURE" means any tree, plant life, geographical or geological site or feature. (i) "OWNER" means any person, association, partnership, firm, corporation or public entity appearing as the holder of title on any property as shown on the records of the County Assessor or on the last equalized assess- ment roll of the County of San Mateo, as applicable. =3- (j) "PERSON" means any person, association, partnership, firm, corporation or public entity. (k) "PRESERVATION" means the identification, study, protection, restoration, rehabilitation or enhancement of Historic Resources. (1) "SITE" means a parcel or parcels of land in the City of South San Francisco. (m) "STRUCTURE" means any building or any other man-made object affixed on or under the ground. 2.58.030 Commission Established; Members; and Appointment. The South San Francisco Historic Preservation Commission is hereby established, consisting of five (5) members who are electors of the City. The City Council shall appoint the Commissioners. 2.58.040 Terms; Limitation; and Vacancy. Terms. The term of each member of the Commission shall be four (4) years and until a successor is appointed and qualified, except that the first term for Commissioners shall be as described below, which description establishes the base dates for future appointments. (a) Commissioner No. 1. and ending December 31, 1986; (b) Commissioner No. 2. and ending Decembr 31, 1986; (c) Commissioner No. 3. and ending December 31, 1988; (d) Commissioner No. 4. and ending December 31, 1988; (e) Commissioner No. 5. and ending December 31, 1988. -4= Commencing on the date of appointment, Commencing on the date of appointment, Commencing on the date of appointment, Commencing on the date of appointment, Commencing on the date of appointment, i I I I'~T II 2.58~050 Limitation of terms--Vacancies. (a) Commissioners shall be limited to two consecutive terms. (b) Upon a vacancy occurring in a Historic Preservation Comm- ission office for any reason, including but not limited to (1) resignation, (2) Council declaration of vacancy for a Commissioner's failure to attend four consecutive regular meetings without excuse by the Commission, or (3) removal by a majority vote of the Council, a successor shall be appointed by the Council to fill the unexpired portion of the term. 2.58.060 Chairman, Chairman Pro tem, and Secretary. (a) At the regular meeting in January of each year, the Commission shall elect from its members, a Chairman and Chairman Pro tempore. The term of said offices shall be one year. The Chairman Pro tem shall serve in the absence of the Chairman. (b) The person serving as the Director of Recreation and Community Services of the City shall be the Secretary of the Historic Preserva- tion Commission. 2.58.070 Meetings. (a) The Commission shall meet on the second Thursday of each month at seven-thirty p.m., in the Conference Room, City Hall, 400 Grand Avenue, South San Francisco, California, except in case of necessity or emergency the Chairman or three Commissioners may designate an alternate meeting place within the corpor- ate limits of the City with legal notice thereof to be given at least twenty-four hours prior to the time of said meeting. If a meeting is set for said regular meeting place of the Commission, or duly noticed for an alternate meeting place, -5- and because of necessity or emergency the Commission is required to meet in another place within the corporate limits of the City, then the Secretary shall appear at the regular or alternate meeting place, whichever is the case, at the time set for the meeting, and publicly announce the new meeting place and post a notice of same on the door of the regular meeting place. Notices of all meetings, except regular meetings, shall be served on each Commissioner and to each person who has requested notice in writing of such meetings, at least twenty-four hours prior to the time specified for the proposed meeting, and said notices shall comply with the Ralph M. Brown Act (commencing at Government Code Section 54950). (b) If the day designated as a regular meeting falls upon a legal holiday, the Commission shall meet upon the next succeeding day which is not a holiday unless otherwise ordered by the Commission. 2.58.080 Compensation. Commissioners shall receive the compensation established by the City Council pursuant to resolution or ordinance. 2.58.090 Clerk's duties. (a) The City Clerk shall establish and maintain a record of the names, address, telephone numbers, dates of appointment and dates of termination of each Commissioner, and the names of the Chairman and Chairman Pro tempore, and the dates of their election and termination of service in those offices. (b) The Clerk shall give the Council written notice of the expira- tion of a Commissioner's term sixty days prior thereto. 2.58.100 Powers and Duties. The Commission shall have the following powers and duties: (a) Designate Historic Resources. (b) Review applications for, and issue Certificates of Alteration authorizing alteration, demolition or construction affecting designated Historic Resources. (c) Consult with and consider the ideas and recommendations of civic groups, public agencies, and citizens interested in historic preservation. (d) View structures, sites and areas which it has reason to believe are worthy of preservation. (e) Disseminate information to the public concerning those structures, sites and areas deemed worthy of preservation, and encourage and advise property owners and members of the community generally in the protection, enhancement, perpetuation and use of property designated Historic Resources. (f) Consider and recommend to the City Council methods other than those provided for in this Chapter for encouraging and achieving historical or architectural preservation. 2.58.110 Criteria for Historic Designation. In considering a proposal for designation as an Historic Resource, the Commission shall apply any or all of the following criteria: (a) Its character, interest or value as a significant part of the heritage of the city, the state or the nation. (b) Its location as a site of a significant historic event. (c) Its identification with a person or persons who significantly contributed to the culture and development of the city, the state or the nation. (d) Its exemplification of a particular architectural style or way of life. -7- (e) Its exemplification of the best remaining example of a particular architectural type in the City~ (f) Its identification as the creation, design or work of a person or persons whose efforts have significantly influenced the heritage of the city, the state or the nation. (g) Its embodiment of elements demonstrating outstanding attention to artistic, architectural and/or engineering design, detail, materials, or craftsmanship. (h) Its relationship to any other Historic Resource if its pre- servation is essential to the integrity of the other Historic Resource. (i) Its unique location or singular physical characteristics representing an established and familiar visual feature of the City. Its potential of yielding significant information of archeo- (J) logical interest. (k) Its integrity as a natural environment that strongly contri- butes to the well-being of the people of the city, the state, or the nation. 2.58.120 Procedures for Designation of Historic Resources. The procedure for designation of Historic Resources shall be as fol 1 ows: (a) Any person or entity may file an application with the Commission upon paying an application fee in an amount as set forth in the Master Fee Schedule of the City of South san Francisco adopted by resolution of the City Council. (b) The application shall include the following data: (1) The street address and the Assessor's parcel number or other legal description of the site; -8- (2) Description detailing the proposed resource's special aesthetic, cultural, architectural, artistic, or engineering interest or value of an historic nature; (3) Sketches, drawings, photographs, or other des- criptive materials; (4) Statement of condition of structures; (5) Other material or information requested by the Director. (c) Each proposal shall be considered by the Commission at a public hearing. Notice of the time, place and purpose of such hearing shall be given by the Commission in a newspaper of general circulation published in the City not less than ten (10) calendar days prior to the date of the hearing. Notice of the hearing shall be sent by first class mail, certified, return receipt requested, not less than ten (10) days prior to the date of the hearing to the applicant(s) and to the owner(s) of the proposed Historic Resource and by first class mail to the owner(s) of property(ies) within three hundred (300) feet of the site as shown on the most recent equalized assessor's roll in the possession of the City. The Commission may also give such additional notice as the commission may deem desirable. (d) Within thirty (30) days following the public hearing, the Commission shall approve, disapprove, or conditionally approve the application for designation as an Historic Resource. Approval or conditional approval of a designation as an Historic Resource shall be made only by four or more affirma- tive votes. -9= (e) The Commission shall not approve or conditionally approve a designation as an Historic Resource unless it finds: (1) That the proposed structure, natural feature, site or district has significance as an Historic Resource; and (2) That the proposed designation may be made without imposing an undue hardship upon the owner(s) of the property(ies); and (3) That approval or approval with modification(s) of the application is consistent with the purpose and criteria of this Chapter. (f) Following its decision, the Commission shall send to the applicant(s) and to the owner(s) of the property(ies) involved a letter out- lining the basis for such decision, and if the Commission approved the desig- nation, said notice shall outline the regulations resulting from such designa- tion. The Commission may also forward a copy of the letter to any department or agency requesting it or that the Commission considers affected by the designation. (g) Upon approval of a designation the Secretary of the Commission shall cause notice of such designation to be recorded in the Office of the Recorder of the County of San Mateo in the record of the title of the parcel on which the Historic Resource is located. 2.58.130 Certificate of Alteration. (a) No building permit shall be issued for and no person shall carry out or cause to be carried out on a designated Historic Resource any material change through alteration, construction, relocation, or demolition without a Certificate of Alteration as approved by a majority of the Commission. -10- (b) Any person who plans the demolition, construction, alteration, relocation or removal of an Historic Resource or part thereof shall first submit an application for a Certificate of Alteration, along with a fee in an amount as set forth in the Master Fee Schedule of the City of South San Francisco adopted by Resolution of the City Council. Copies of the plans for the proposed work shall accompany the application. As a minimum, the application and plans shall contain the following data: (1) A clear statement of the proposed work; (2) Plans describing the size, height and appearance of the proposed work and its relationship to adjacent structures; (3) A site plan showing all existing buildings and structures and the proposed work; (4) Reasons for demolition if demolition is proposed; (5) Photographs of the site and all existing buildings and structures; (6) Other information deemed necessary by the Director to properly evaluate the proposal. (c) Upon receipt of an application for a Certificate of Alteration, the Commission shall hold a public hearing. Notice of the time and place of the public hearing shall be given in the manner prescribed in Section 2.58.100(c). (d) The Commission in considering a Certificate of Alteration shall consider, among other things, the purpose of this Chapter and the historic value, architectural value and significance of the Historic Resource, as well as present and prospective effects or hardships upon the owners and occupants of the affected properties. The Commission shall take into consideration architectural features of the building or structure in question, the landscaping or natural features of the site in question, and the position of such buildings, structures or sites in relation to the street or public way and to other buildings, structures, or sites. -11- The United States Secretary of the Interior's Guidelines for Rehabilition shall provide base criteria for evaluating proposed alterations to an Historic Resource. (e) The commission may approve, conditionally approve or disapprove the application. (f) No approval, or conditional approval may be made unless the Commission first finds that: (1) The action proposed is consistent with the purposes of this Chapter; and (2) The action proposed will not be detrimental to a structure or feature having significance as an Historic Resource; or (3) The applicant has demonstrated that the action is necessary to correct an unsafe or dangerous condition on the pro- perty; or (4) The applicant has demonstrated that denial of the application will result in immediate, undue, or substantial hardship; (g) A final determination, along with the written findings, shall be rendered by the Commission within forty-five (45) days of receipt of the application unless extended by mutual consent of the owner and the Commission. (h) Action of the Commission shall be deemed final, unless appealed. No Certificate of Alteration shall be issued until the time period for appeal has expired. (i) The provisions of this section shall not apply to the following: (1) Where a Historic Resource has been damaged by fire, earthquake or other act of God to the extent that it cannot be repaired or restored with reasonable diligence, and where demoli- tion of such structure, natural feature or site is being undertaken with prior approval of the City's Chief Building Official. -12- (2) Where hazardous conditions exist as determined by the Chief Building Official and said hazardous conditions must be corrected immediately in the interest of the pubic health, safety and welfare. 2.58.140 Termination of Certificate of Alteration. Any Certificate of Alteration which has been issued under the provisions of this Chapter shall expire six (6) months from the date of issuance if the work authorized is not commenced and diligently pursued within said time period. 2.58.150 Ordinary Maintenance and Repair. Nothing in this Chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on an Historic Resource that does not involve a change in design or material or a substantial change in appearance thereof, nor does this Chapter prevent the construction, reconstruction, alteration, restoration, demolition, or removal of any such feature when the Chief Building official certifies to the Commission that such action is required for the public safety due to an unsafe condition which cannot be rectified through the uses of the State Historical Building Code, as set forth in Section 18950 and following of the California Health and Safety Code as the same exists or may hereafter be amended. 2.58.160 Duty to Keep in Good Repair. The owner, occupant, or other person in actual charge of an Historic Resource, or part thereof, shall keep in good repair all of the exterior portions of such building(s) or structure(s), all of the interior portions thereof when subject to control by reason of designation or Certificate of Alteration, and all interior portions whose maintenance is necessary to prevent deterioration -13- and decay of any exterior architectural feature. It shall be the duty of the Chief Building Official to enforce this section. 2.58. 170 Enforcement In addition to the regulations of this Chapter, other parts of the Municipal Code and other provisions of law which govern the approval or disapproval of applications for permits or licenses covered by this Chapter, the Chief Building Official shall have the authority to implement enforcement of this Chapter by any of the following means: (a) Serve notice requiring the removal or correction of any violation of this Chapter upon the owner, agent, occupant or tenant of the Historic Resource. (b) Call upon the City Attorney to institute any necessary legal proceedings to enforce the provisions of this Chapter, and the City Attorney is hereby authorized to institute any legal actions toward that end. (c) Call upon the Police Chief and authorized agents to assist in the enforcement of this Chapter. (d) In addition to any of the foregoing remedies, the City Attorney may bring an action for injunctive relief to restrain or enjoin or to cause the correction or removal of any violation of this Chapter. (e) In addition to any of the foregoing remedies, the Code Enforcement Officer may issue citations for violations of this Chapter. 2.58.180 Violation, Misdemeanor; Penalties. Any person violating or failing to comply with the provisions of this Chapter shall be guilty of a misdemeanor and upon conviction shall be pun- ished by a fine of not more than Five Hundred Dollars ($500.00), or by imprison- ment not to exceed Six (6) months, or by both such fine and imprisonment. 2.58.190 Remedies Cumulative. The remedies provided for herein shall be cumulative and not exclusive. -14- 2~58.200 Appeals. (a) Any interested person may appeal a decision of the Historic Preservation Commission by filing a written appeal with the City clerk within ten (10) days after the determination. The City Council may, on its own motion, within the ten (10) day period, order that a determination of the Commission stand appealed. (b) The City Council shall set a date for hearing the appeal. Notice of the hearing shall be given by the City Clerk in the manner set forth in Section 2.58.100(c). Notice of the appeal shall be given to the Historic Preservation Commission, and said Commission shall submit a report to the City Council setting forth the reasons for the action taken by the Commission. In addition, the Historic Preservation Commission may be represented at the hearing. (c) Hearings on appeals from decisions of the Commission related to issuance of Certificates of Alteration shall be conducted informally and need not be conducted according to technical rules relating to evidence and witnesses. Any relevant information shall be considered if it is the sort of information on which responsible persons are accustomed to rely in the conduct of serious affairs. (d) Hearings on appeals from all other decisions of the Commission shall be conducted in accordance with the guidelines set forth in subsection (c) above, except that sworn testimony shall be taken, a record preserved and, when requested, a transcript made of the proceedings. (e) The City Council shall render its decision within thirty (30) days after the close of the hearing on the appeal. (f) The City Council may uphold, overrule or modify the decision of the Historic Preservation Commission." -15- ] I' I I[T Il SECTION 2. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portion of this ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 3. PUBLICATION. Pursuant to the provisions of Government Code Section 36933, a Summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. SECTION 4. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days from and after its adoption. Introduced this 27th day of March , 19 85 Passed and adopted as an Ordinance of the City of South San Francisco at a -16- I I: I lif II regular this AYES: NOES: ABSENT: meeting of the City Council of the City of South San Francisco lOth day of April , 19 85 , by the following vote: Councilmembers Mark N. Addiego, Emanuele N. Damonte, Gus Nicolopulos; and Roberta Cerri Teglia None Councilmember Richard A. Haffey As Mayor of the City of South San Francisco, I do hereby approve the fore- going Ordinance this lOth day of April , 19 85 -17- I I' I lit II