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HomeMy WebLinkAboutOrd 1083-1990ORDINANCE NO. 1083-90 AN ORDINANCE AMENDING 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 amended. Sections 2.58.020, 2.58.040, 2.58.060, 2.58.070, 2.58.110, 2.58.120, 2.58.130, 2.58.140, 2.58.150, 2.58.160, 2.58.170, 2.58.180 and 2.58.200 of the South San Francisco Municipal Code are hereby amended to read: Section 2.58.020 Definitions. (f) "Director" means the director of economic and community development, or the director's designee. (g) "Historic resource" means a structure, a natural feature, or a site which is 50 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 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 director. Existing (h) through (m) relettered (i) through (n). Section 2.58.040 Terms. The term of each member of the commission shall be four years and until a successor is appointed and qualified. Terms shall be staggered and shall expire in even-numbered years. Section 2.58.060 Chairman, Chairman Pro Tempore, and Secretary. (a) At the regular meeting in January of each year, the commission shall elect a chairman and chairman pro tempore. The term of each office shall be one year. The chairman pro tempore shall serve in the absence of the chairman. {b) The person serving as the director shall serve as secretary. Section 2.58.070 Meetings. (a) The commission shall meet on the third Thursday of each month at seven-thirty p.m. in the Community Room, Municipal Services Building, 33 Arroyo Drive, South San Francisco, California, except in case of necessity or emergency the chairman or three commissioners may designate an alternate meeting place within the corporate limits of the city. Legal notice of a special meeting shall be given at least twenty-four hours prior to the time of the meeting. If a meeting is set for the regular meeting place of the commission, or duly noticed for an alternate meeting place, 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. Notices shall comply with Government Code Section 54950 et seq., also referred to as the Ralph M. Brown Act. (b) If the day designated as a regular, adjourned regular, special or study 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. Section 2.58.110 Criteria for historic designation In considering a proposal for designation as an historic resource, the commission shall apply 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 exemplication 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 -2- {h) Its relationship to any other historic resource if its preservation is essential to the integrity of the 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. Section 2.58.120 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 director. 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. -3- (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 a historic resource. Approval or conditional approval of a designation as a 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 a historic resource when it finds: (1) That the proposed structure, natural feature, site or district has significiance as a 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. Section 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 to the exterior 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 or alteration of the exterior, 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 director. (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 historic preservation 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 2.58.120. -4- (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 director, shall provide base criteria for evaluating proposed alterations to a historic resource. The commission may adopt and distribute design guidelines to encourage compatibility with historical features and encourage solutions which respect and preserve the architectural character of buildings. (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 a 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 is expired. (i) The provisions of this section shall not apply to the following: 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 demolition of such structure,.natural feature or site is being undertaken with prior approval of the chief building inspector. -5- (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. Section 2.58.140 Amendment or Rescission of Designation. (a) The commission may amend or rescind a 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 a 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 a 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 a 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. Section 2.58.150 Appeals. (a) Any interested person may appeal to the city council a decision of the commission by filing a written appeal setting forth the grounds for appeal with the city clerk and paying the appropriate appeal fee within ten days after the determination or within ten days after the adoption of written findings, whichever occurs later. The city council may, on its own motion, within the ten day period, order that a determination of the commission stand appealed. (b) Hearing dates shall be set administratively. Notice of the hearing shall be given by the city clerk in the manner set forth in Section 2.58.120. Notice of appeal shall be given to the appellant, to the applicant and to the commission, and the commission shall submit a report to the city council setting forth the reasons for the action taken by the commission. The commission may be represented at the hearing. -6- (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 designations and 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. The costs incurred in making a record and producing a transcript shall be shared equally by city and appellant. (e) The city council shall render its decision after the close of the hearing on the appeal and discussion by the council. Written findings may be adopted within thirty days. (f) The city council may uphold, overrule or modify the decision of the historic preservation commission. Section 2.58.160 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 a 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 Historical 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 a 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. Section 2.58.170 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 director for review. -7- (b) The issuance of any demolition permit for a structure described in subsection (a) may be postponed by the director for a period not to exceed sixty days from 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. Section 2.58.180 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 provision 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. Section 2.58.200 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. Reconsideration of Previous Designations. Within a three month period commencing on the effective date of this ordinance, any property owner whose property previously was designated an historic resource may file an application with the historic preservation commission for reconsideration of the designation. In reconsidering the designation the commission shall determine if the property owner consents to the designation, in addition to the criteria set forth in Section 2.58.110. SECTION 3. Severability. In the event any section or portion of this Ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. -8- SECTION 4. Publication and Effective Date This ordinance shall be published once, with the names of those City Council members voting for or against it, in the Enterprise-Journal, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. Introduced at a regularmeeting of the City Council of the City of South San Francisco, held ~e -l~th day of June , 19 90__. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco, hel~ the 27th day of June ,'19 90 , by the following vote: - AYES: Councilmembers Jack Drago, Gus Nicolopulos, Roberta Cerri Teglia, and Mayor Richard A. Haffey NOES: None ABSTAIN: Councilmember John R. Penna ABSENT: None As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 27th_ day of _ Jure ~ , 19 90 _. ~ may~, -9-