HomeMy WebLinkAboutOrd. 1440-2011 ORDINANCE NO. 1440 -2011
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA
AN ORDINANCE REPEALING CHAPTER 2.58 AND
AMENDING CHAPTER 2.56 OF THE SOUTH SAN
FRANCISCO MUNICIPAL CODE TO TRANSFER THE ROLE
AND RESPONSIBILITIES OF THE HISTORIC
PRESERVATION COMMISSION TO THE PLANNING
COMMISSION
WHEREAS, in an effort to preserve the structures, sites and areas of special character or
special historic, architectural, or aesthetic interest or value, the City created the Historic
Preservation Commission in April of 1985; and
WHEREAS, pursuant to South San Francisco Municipal Code Chapter 2.58, the Historic
Preservation Commission is currently charged with designating historic resources, and reviewing
proposed changes and modifications to designated historic resources; and
WHEREAS, based on the articulated powers and duties in Chapter 2.58, there is an
insufficient volume of work to sustain an independent Historic Preservation Commission for the
foreseeable future; and
WHEREAS, eliminating the Historic Preservation Commission and transferring its
powers and duties to the Planning Commission would (1) facilitate faster review of projects
affecting historical resources due to the Planning Commission's more frequent meeting schedule;
(2) make more efficient use of staff time by eliminating the need for staff coverage at Historic
Preservation Commission meetings; (3) provide a fiscal savings to the City.
NOW, THEREFORE, BE IT ORDAINED by the South San Francisco City Council as
follows:
SECTION 1 AMENDMENTS.
The City Council of the City of South San Francisco hereby makes the following enumerated
amendments to the South San Francisco Municipal Code:
(1) Repeal Chapter 2.58 of the South San Francisco Municipal Code in its entirety.
(2) Amend Chapter 2.56 of the South San Francisco Municipal Code to add Sections 2.56.080
through 2.56.210, as follows. Sections 2.56.080 through 2.56.210 have been moved from the
former Chapter 2.58 ( "Historic Preservation Commission ") and renumbered, consistent with
the existing Chapter 2.56. The remainder of the former Chapter 2.58 (i.e., Sections 2.58.030
through 2.58.090) were related to the establishment, terms, organization, meeting schedule,
and compensation of commissioners of the Historic Preservation Commission, and therefore
have not been moved and are not proposed for adoption or re- adoption.
2.56.080 Historic Preservation 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 Sections 2.56.080 through 2.56.210 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, perpetuation 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.
2.56.090 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 planning 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) "Chief Planner" means the Chief Planner of the City of South San Francisco, or the Chief
Planner's designee.
(g) "Historic resource" means a structure, a natural feature, or a site which is fifty years old
or older, of architectural, artistic, cultural, engineering, aesthetic, archeological, historical,
political, or social significance to the citizens of the city of South San Francisco, the state, or
the nation.
(h) "List of potential historic resources" means that list which has been developed by the
former historic preservation commission which includes properties which have been studied
and ranked in terms of importance and which qualify as potential historic resources. This list,
which may be amended by the commission from time to time, is on file in the office of the
Chief Planner.
(i) "Natural feature" means any tree, plant life, geographical or geological site or feature.
(j) "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 assessment roll of the county of San Mateo, as applicable.
(k) "Person" means any person, association, partnership, firm, corporation or public entity.
(1) "Preservation" means the identification, study, protection, restoration, rehabilitation or
enhancement of historic resources.
(m) "Site" means a parcel or parcels of land in the city of South San Francisco.
(n) "Structure" means any building or any other man made object affixed on or under the
ground.
2.56.100 Powers and duties.
In addition to those powers and duties identified in Title 20, the commission shall have the
following powers and duties with respect to historic preservation:
(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;
(g) Review and make recommendations to the city council regarding applications for, and
administration of, historic property agreements, submitted or entered into, pursuant to the
provisions of Article 12 (commencing with Section 50280), Chapter 1, Part 1, Division 1,
Title 5 of the Government Code.
2.56.110 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, and
(b) Its location as a site of a significant historic event, or
(c) Its identification with a person or persons who significantly contributed to the culture and
development of the city, the state or the nation, or
(d) Its exemplification of a particular architectural style or way of life, or
(e) Its exemplification of the best remaining example of a particular architectural type in the
city, or
(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, or
(g) Its embodiment of elements demonstrating outstanding attention to artistic, architectural
and/or engineering design, detail, materials, or craftsmanship, or
(h) Its relationship to any other historic resource if its preservation is essential to the integrity
of the other historic resource (for example, it is a clearly identified element of a larger
cohesive neighborhood or area whose integrity and character should be protected, such as the
civic center, downtown, or a specific residential neighborhood), or
(i) Its unique location or singular physical characteristics representing an established and
familiar visual feature of the city, or
(j) Its potential of yielding significant information of archeological interest, or
(k) Its integrity as a natural environment that strongly contributes to the well -being of the
people of the city, the state, or the nation. For example, an area retained in or developed in a
natural setting, such as portions of Sign Hill, or some other feature which contributes to the
quality of life in South San Francisco.
2.56.120 Procedures for designation of historic resources.
The procedure for designation of historic resources shall be as follows:
(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 as adopted by resolution
of the city council.
(b) An application shall be made on the prescribed form and shall be filed with the Chief
Planner. Included with the application shall be a statement of consent signed by the property
owner(s).
(c) Each application shall also include a list of the applicable criteria under which the project
qualifies for designation. Each criterion shall be supported by appropriate facts which will be
considered by the commission in the hearing.
(d) Each proposal shall be considered by the commission at a public hearing. Hearing dates
shall be set administratively. Notice of the hearing shall include the date, time and place of
the public hearing and the subject of the hearing. Notice shall be published in a newspaper of
general circulation not less than ten calendar days prior to the date of the hearing. All notices
of the hearings shall be sent by first class mail not less than ten days prior to the date of the
hearing. All applicants, owners, adjacent property owners and any other individual who has
paid for and requested notice are to be notified. The commission may give such additional
notice by mail or by posting as the commission may deem desirable.
(e) After the close of the public hearing and discussion by the commission, the commission
shall take action on the proposal. The commission may approve, disapprove, or conditionally
approve an 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
affirmative votes. Written findings may be adopted within thirty days.
(f) The commission may approve or conditionally approve a designation as an historic
resource when it finds:
(1) That the proposed structure, natural feature, site or district has significance as an
historic resource; and
(2) That approval is consistent with the purpose and criteria of this chapter.
(g) Following its decision, the commission shall send to the applicant(s) and to the owner(s)
of the property(ies) involved a notice outlining the basis for such decision, and if the
commission approves the designation, the notice shall outline the regulations resulting from
such designation. Information about appealing the decision shall be included in the notice.
The commission also may forward a copy of the notice to any department or agency
requesting it or that the commission considers affected by the designation.
(h) Upon expiration of the appeal period the secretary of the commission shall cause notice
of the designation to be recorded in the San Mateo County recorder's office.
2.56.130 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.
(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 as adopted by
resolution of the city council. Copies of the plans for the proposed work shall accompany the
application. An application shall be made on the prescribed form and shall be filed with the
Chief Planner.
(c) Upon receipt of an application for a certificate of alteration, the matter shall be forwarded
to the design review board for report and recommendation. The commission subsequently
shall hold a public hearing. Notice of the time and place of the public hearing shall be given
in the manner prescribed in Section 2.56.120.
(d) In evaluating an application for a certificate of alteration the commission 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 the design review board's report and recommendations, 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. The United States Secretary of the
Interior's Guidelines for Rehabilitation, available in the office of the Chief Planner, 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 property; or
(4) The applicant has demonstrated that denial of the application will result in
immediate, undue, or substantial hardship because of conditions peculiar to the particular
site or improvement.
(g) A final determination shall be rendered by the commission following completion of the
hearing and discussion by the commission. Written findings may be adopted within thirty
days.
(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 an 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 demolition of such structure, natural feature or site is being undertaken with prior
approval of the chief building official.
(2) Where, as determined by the chief building inspector, hazardous conditions exist
and the hazardous conditions must be corrected immediately in the interest of the public
health, safety and welfare.
(j) Any certificate of alteration which has been issued under the provisions of this chapter
shall expire two years from the date of issuance if a building permit for the work authorized
is not obtained within the time period.
2.56.140 Amendment or rescission of designation.
(a) The commission may amend or rescind an historic resource designation. The procedure
for amending or rescinding the designation shall be the same as for initial designation.
(b) Any natural act, accident or act of God which alters or destroys the integrity or the
significance that is the basis for an historic resource designation may be grounds for
amendment or rescission of the designation. Any introduction of new elements that are out of
character with the property or its setting may be grounds for rescission of the designation.
(c) Change in ownership of an historic resource alone is not in and of itself sufficient
grounds for amendment or rescission of the designation. Unusual circumstances, such as the
destruction of a portion of the resource and the owner's inability to reconstruct it, may be
grounds for rescission of the designation of an historic resource.
(d) The commission may amend or rescind a designation, in whole or in part, when it deems
it to be in the public interest to do so.
(e) When a designation has been amended or rescinded, the secretary of the commission
shall cause notice of the change in designation to be recorded in the San Mateo County
recorder's office.
2.56.150 Appeals.
Any interested person may appeal to the city council a decision of the commission made
pursuant to these Sections 2.56.080 through 2.56.210, in accordance with Chapter 20.570.
2.56.160 Maintenance and repair.
(a) 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 inspector certifies to the commission
that such action is required for public safety due to an unsafe condition which cannot be
rectified through the uses of the State Historic Building Code, as set forth in Health and
Safety Code Section 18950, et seq.
(b) 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), any of the interior portions specifically identified in the designation or certificate
of alteration, and all interior portions whose maintenance is necessary to prevent
deterioration and decay of any exterior architectural feature.
2.56.170 Demolition of potential historic resources.
(a) All applications for a demolition permit for any structure or portion thereof which is
included on the list of potential historic resources shall be subject to review. All such
applications shall be accompanied by a photograph and shall be transmitted from the
building division to the Chief Planner for review.
(b) The issuance of any demolition permit for a structure described in subsection (a) of this
section may be postponed by the Chief Planner for a period not to exceed sixty days for the
date of application for the demolition permit. During the period of postponement efforts shall
be made to investigate, document and photograph the structure and explore possible
alternatives to demolition.
(c) The sixty -day period may be waived by the chief building inspector where there is
imminent danger to life, limb or health of the public which requires immediate demolition.
2.56.180 Disposal of historic materials.
(a) The city council shall, prior to selling, giving away, disposing of or relinquishing its
interest in any materials accepted by the city for the purpose of historic preservation, conduct
a public hearing concerning its proposed actions.
(b) Notice of the public hearing shall be published ten calendar days in advance of the
hearing required by subsection (a) of this section and shall specify the time, date and place of
the hearing as well as identifying the items to be disposed of by the council.
(c) At the close of the hearing, the council may, in its sole discretion, order the disposition of
the identified items. The council's disposition order will become effective on the thirtieth day
following the council action. All items ordered disposed shall be maintained until the council
order become effective.
2.56.190 Enforcement.
(a) The chief building inspector shall have the authority to enforce the provisions of this
chapter, and may call upon the assistance of other city officials. Enforcement actions may
include, but are not limited to, the issuance of corrective notices or stop work notices and the
issuance of warnings or citations.
(b) The city attorney is authorized to institute any legal proceedings necessary to enforce the
provisions of this chapter.
(c) Where not in conflict with the provisions of this chapter, other provisions of this code and
of state law which govern the approval or disapproval of applications for permits or licenses
shall apply, and shall be enforced as specified in those provisions.
2.56.200 Remedies cumulative.
The remedies provided for herein shall be cumulative and not exclusive.
2.56.210 Violation — Penalty.
Any person violating or failing to comply with the provisions of this chapter shall be guilty
of a misdemeanor and upon conviction shall be punished as set forth in Chapter 1.24 of this
code.
SECTION 2 SEVERABILITY.
If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the
application of such part or provision to other persons or circumstances shall not be affected
thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are
severable. The City Council of the City of South San Francisco hereby declares that it would
have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof
irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 3 PUBLICATION AND EFFECTIVE DATE.
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. This ordinance shall become effective thirty days from and after
its adoption.
* * * * *
Introduced at a regular meeting of the City Council of the City of South San
Francisco, held the 27 day of April, 2011.
Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City
Council held the 11 day of May, 2011 by the following vote:
AYES: Councilmembers Mark Addiego, Pedro Gonzalez, and Karyl Matsumoto,
Vice Mayor Richard Garbarino and Mayor Kevin Mullin
NOES: None
ABSTAIN: None
ABSENT: None
AT E I k
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this 11 day of May, 2011.
Lt4 kAiA
Kevin Mullin, Mayor