Atherton Municipal Code Art. II Procedures and Criteria for Reviewable Actions

Preventive maintenance activities that maintain or restore the historical appearance of historical artifacts are exempt from review. These activities should be carried out in a fashion consistent with good preservation practice. Preventive maintenance activities include cleaning, repainting of stone and masonry, and repainting of previously painted surfaces in the same or similar color. (Ord. 567 § 1, 2007)

A. Minor Alterations. Minor alterations are changes to the color or minor details of a historical artifact, such as for example the replacement of missing or damaged elements. Minor alterations to historical artifacts that are moveable objects include the relocation of the object on the property. Temporary removal of an artifact from the property during restoration or for its protection during construction shall also be treated as a minor alteration; however, the temporary location of the artifact and a fixed date for the return of the artifact to its site must be provided.

The alteration permit application for a minor alteration is approvable by the building official, with appeal to the planning commission. An alteration permit for a minor alteration shall be granted within ten days of a completed application. The building official may require such documentation as deemed necessary to make a decision. Copies of the permit application and supporting materials shall be filed with the historical artifact inventory as a permanent record of the alteration.

B. Major Alterations. Major alterations include permanent changes to the visual character of an artifact or its setting. Examples of major alteration include:

1. Changes to the height or width of a structure such as a gate or wall;

2. Painting or otherwise covering of previously unpainted surfaces, such as brick or stone;

3. Addition of new elements attached to historical artifacts (including but not limited to lighting fixtures, replacement of bases of sculptures or other objects);

4. Relocation of a structure on the property;

5. Relocation of an object or structure to another property within the town.

Application for a major alteration permit is approvable by the planning commission, with appeal to the city council. In hearing applications for major alteration permits, the planning commission shall review the proposed alterations for consistency with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and the California Historical Building Code. The building official may require documentary materials, including an evaluation of the proposed alterations by a qualified historical preservation professional, to assist the planning commission in its determination.

Once an application for a major alteration permit is deemed complete by the building official, the planning commission shall conduct a public hearing on the application within sixty days. Appeals to the planning commission’s decision must be filed within ten days pursuant to Chapter 17.06 to the city council. Copies of the permit application and supporting materials shall be filed with the historical artifact inventory as a permanent record of the alteration. (Ord. 567 § 1, 2007)

For the purposes of this chapter, demolition includes the removal of all or part of a historical artifact either for disposal or otherwise its relocation from within the town boundaries.

Application for a demolition permit for a historical artifact is approvable by the planning commission, with appeal to the city council. In approving applications for demolition permits, the planning commission shall make findings that an emergency exists that threatens the public health, welfare or safety; and that no feasible alternative can be found to ensure the preservation of the historical artifact within the town. Where no threat to public health, welfare or safety can be identified, the planning commission shall consider whether the preservation of the historical artifact leaves the property with significantly diminished property value. A finding based on significantly diminished property value shall require documentation by independent experts and a finding that no feasible alternative can be found to ensure the preservation of the historical artifact within the town.

Once an application for a demolition permit is deemed complete by the building official, the planning commission shall conduct a public hearing on the application within sixty days. Appeals to the planning commission’s decision must be filed within ten days in accordance with Chapter 17.06 to the city council. Copies of the permit application and supporting materials shall be filed with the historical artifact inventory as a permanent record of the alteration. (Ord. 567 § 1, 2007)

Prior to issuance of a grading, demolition or building permit for a property that contains a historical artifact, the applicant shall present an artifact protection plan if any activity associated with the permit has the potential to impact a historical artifact. The artifact protection plan shall include barriers to prevent accidental damage to artifacts, protection against dirt and debris and, if necessary, temporary removal and storage of the historical artifact during the construction project. (Ord. 567 § 1, 2007)

If any action under this chapter is subject to the provisions of the California Environmental Quality Act (CEQA), or other applicable local, state or federal regulations, the time in which such action is taken shall be extended in order to allow time to comply with the provisions of the applicable regulations; provided, however, that such action is taken within the time limits imposed by the Permit Streamlining Act. (Ord. 567 § 1, 2007)

In those cases where the property owner believes that the preservation of the historical artifact leaves a property with no reasonable financial value, the owner may apply for a permit to remove the artifact. Independent evidence of significantly diminished property value shall be required to make a finding of economic hardship.

The town, in its discretion, may in its judgment waive any or all fees for alteration permits in cases where in its judgment the fee is an undue financial burden to the applicant. (Ord. 567 § 1, 2007)