Belvedere Municipal Code Ch. 21.20 Designation of Structures/Properties

DESIGNATION OF STRUCTURES/PROPERTIES

Sections:

• 21.20.010 Initiation of designation.

• 21.20.020 Suspension of permit processing pending designation process.

• 21.20.030 Application—Data to be submitted.

• 21.20.040 Completeness of application.

• 21.20.050 Survey form.

• 21.20.060 Historic Preservation Committee hearing.

• 21.20.070 Criteria for designation. 21.20.080 Historic Preservation Committee findings. 21.20.090 Planning Commission action. 21.20.100 City Council action. 21.20.110 Notification of designation. 21.20.130 Subsequent application. 21.20.140 Maintenance and repair of a designated structure.

Only owner-initiated applications for designation of sites and/or structures will be considered. The owner may enlist the help of the Historic Preservation Committee in evaluating the possibility of designation. (Ord. 2006-6 § 1, 2006; Ord. 93-5 § 1, 1993.)

Any development permit application filed concerning a property for which an application for designation has been submitted but not acted upon shall be suspended pending completion of the designation process; provided, however, that action on such development permit application shall be taken within the time required by law unless an extension of the City’s time to act on such application is otherwise agreed to in writing by the applicant or owner of the subject property. The suspension period provided above shall not apply to development permit applications that have been deemed complete prior to the effective date of the ordinance codified in this Title. (Ord. 2006-6 § 1, 2006; Ord. 93-5 § 1, 1993.)

The applicant shall submit all of the information listed below with each application proposing designation, unless the Historic Preservation Committee determines that a particular item is not necessary for a particular application. Sufficient details and information shall be provided so that the Historic Preservation Committee may make a thorough evaluation of the merits of the site or structure using the criteria established by this Chapter.

A. Application Form. Application forms for designation as a landmark, as furnished by the Historic Preservation Committee and signed by the applicant.

B. Other Information. Any other information considered desirable by the applicant or Historic Preservation Committee, such as photographs, architectural plans, historic information, etc.

• C. Filing Fee. A filing fee, as may be established by resolution of the City Council. (Ord. 2006-6 § 1, 2006; Ord. 93-5 § 1, 1993.)

Once an application for designation has been submitted, the Historic Preservation Committee Chair or his or her designee shall review the accompanying materials to make certain that all necessary items have be submitted and found complete before the application will be placed on a Historic Preservation Committee agenda for consideration. If an application is determined to be incomplete, the Historic Preservation Committee shall notify the applicant in writing within thirty days after the filing of the application is incomplete and shall specify the additional materials needed to make the application complete. (Ord. 2006-6 § 1, 2006; Ord. 93-5 § 1, 1993.)

Upon receipt of a complete application for designation, the Historic Preservation Committee shall prepare a survey form for the property, including information addressing the criteria as set forth in Section 21.20.070 of this Chapter. (Ord. 2006-6 § 1, 2006; Ord. 93-5 § 1, 1993.)

The Historic Preservation Committee shall hold a noticed public hearing within sixty days of the application being deemed complete to consider the application for designation, and shall recommend approval or denial of the application. The City shall mail written notice of the Historic Preservation Committee’s public hearing to the owner at least ten days prior to the hearing. (Ord. 2006-6 § 1, 2006; Ord. 93-5 § 1, 1993.)

• A. A structure being proposed for designation must satisfy three or more of the following listed criteria:

  1. Architecture. It is an outstanding example of a particular period, style, construction method or material.

  2. Architecture. It is outstanding because of age.

  3. Architecture. It is outstanding because it is the work of a significant architect or builder.

  4. Architecture. It is outstanding because it is the first, last, or most significant architectural property of its type in the City.

  5. Design. It has a unique or original design or demonstrates outstanding craftsmanship.

  6. History. It is associated with a person, group or event significant to the City or State, or embodies and expresses the history of the City.

  7. Environment. It contributes to the character of the street or neighborhood area or has significance as a visual landmark owing to its prominent location.

  8. Integrity. It retains the integrity of its original materials and design features.

  9. National Register of Historic Places. It is a site or structure listed on the National Register of Historic Places.

• B. The above criteria for designation shall be applied to the interior of a structure proposed for designation only if it is a publicly owned structure. (Ord. 2006-6 § 1, 2006; Ord. 93-5 § 1, 1993.)

In evaluating an application for designation, the Historic Preservation Committee shall not approve the application unless it finds that the site or structure substantially meets at least three of the criteria in Section 21.20.070. In making a recommendation to approve an application for designation, the Historic Preservation Committee shall expressly find that based upon its evaluation of the criteria established pursuant to Section 21.20.070, as detailed in the survey form, the site or structure to be designated contributes a distinct and significant visual expression of historic, aesthetic and/or architectural value to the City. (Ord. 2006-6 § 1, 2006; Ord. 93-5 § 1, 1993.)

Within forty-five days following issuance of the Historic Preservation Committee’s recommendation regarding designation of the property, the Planning Commission will hold a noticed public hearing and make its recommendation to the City Council to approve, modify or deny the Historic Preservation Committee’s recommendation. (Ord. 2006-6 § 1, 2006; Ord. 93-5 § 1, 1993.)

The City Council will hold a noticed public hearing and take action to approve, modify or deny the Historic Preservation Committee’s recommendation within forty-five days following the Planning Commission’s action. (Ord. 2006-6 § 1, 2006; Ord. 93-5 § 1, 1993.)

The City shall notify the owner by letter of the City Council’s action. The City’s Planning Department shall keep a current list of designated properties/structures. Said list shall be referred to by the Building Official and Director of Planning and Building before considering action on any site or structure on the list. The City shall also record notice of the property’s designation as a qualified historic structure of the City in the official records of the County of Marin. (Ord. 2016-4 § 3, 2016; Ord. 2013-2 § 24, 2013; Ord. 2006-6 § 1, 2006; Ord. 93-5 § 1, 1993.)

If an application for designation has been disapproved by the City Council, no subsequent application by the owner on the same site or structure may be made within two years following the Council’s action unless there is substantial new supporting information accompanying the application. (Ord. 93-5 § 1, 1993.)

The Historic Preservation Committee shall encourage the owner or other legally responsible person to take steps to preserve a designated property from deliberate or inadvertent neglect of the important architectural features noted in the survey form and of the entire structure. (Ord. 2006-6 § 1, 2006; Ord. 93-5 § 1, 1993.)