Belvedere Municipal Code Ch. 21.24 Proposed Modifications to Designated Historic Properties

Sections:

• 21.24.010 Approval and permits required.

• 21.24.020 Referral of application to Historic Preservation Committee.

• 21.24.030 Consideration by Historic Preservation Committee.

• 21.24.040 Application for demolition—Additional requirements.

• 21.24.050 Action by Planning Commission.

• 21.24.060 Appeal of Planning Commission action.

• 21.24.070 Exceptions to requirement for review.

• 21.24.080 Building Code requirements.

In conformance with requirements for design review and permits for any project and, except as provided in Section 21.24.070 of this Chapter, no person shall carry out or cause to be carried out on a designated structure any extension, exterior alteration, demolition or, where the designated structure is publicly owned, interior alteration for which a City permit is required without approval by the Historic Preservation Committee and the Planning Commission in compliance with all other applicable laws and regulations, and issuance of all required permits for the work. (Ord. 2006-6 § 1, 2006; Ord. 97-2 § 2, 1997; Ord. 93-5 § 1, 1993.)

Upon receipt by the City of a complete application to extend, alter or demolish a designated structure, the Director of Planning and Building shall forward such application to the Historic Preservation Committee for review. In addition, the Director of Planning and Building shall forward to the Historic Preservation Committee any proposal for alterations to major interior architectural features of publicly owned designated structures. (Ord. 2016-4 § 3, 2016; Ord. 2013-2 § 24, 2013; Ord. 2006-6 § 1, 2006; Ord. 97-2 § 3, 1997; Ord. 93-5 § 1, 1993.)

A. Within thirty days after the application is deemed complete by the City, the Historic Preservation Committee shall hold a duly noticed public hearing to consider the application and shall make a written report thereon to the Planning Commission. The City recognizes that private residences are subject to change over time as needs change. In that interest, the Historic Preservation Committee is prepared to consult with the owner and architect at an early stage on the proposed remodeling plans to ensure that the City’s interest in carrying out the objectives of this Title, and the owner’s needs are both considered. In making its recommendation, the Historic Preservation Committee shall set forth in detail what, if any, effect the proposed construction, alteration or demolition will have on the significant historical, architectural or other related features of the property, as well as its recommendations, if any, as to ways in which the application can be modified to preserve such features. The Historic Preservation Committee shall use the following guidelines in evaluating an application:

1. The distinguished original qualities or character of a structure and its environment should not be destroyed. The removal or alteration of any distinctive architectural features should be avoided when possible.

2. Distinctive stylistic features or examples of skilled craftsmanship that characterize a structure shall be treated with sensitivity.

3. Contemporary design for alterations and additions to existing structures shall not be discouraged when such alterations and additions do not destroy significant historical and/or architectural material and such design is compatible with the size, scale, color, material and character of the property.

4. Wherever possible, new additions or alterations to structures shall be made in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

B. Following the public hearing, the Historic Preservation Committee shall submit a written report of its findings to the Planning Commission with a copy to the owner/ applicant. If the Historic Preservation Committee recommends conditional approval or denial, it shall set forth in the report its reasons, and suggest a reasonable alternative to the pending application. (Ord. 2006-6 § 1, 2006; Ord. 93-5 § 1, 1993.)

A. An application for a permit for demolition of a designated structure shall not be deemed complete unless and/or until such application is accompanied by all necessary and complete applications for the proposed future development of the property. Nor shall any demolition permit be issued prior to final approval by the City of said applications for the future development of the property. In addition, to the extent they are not inconsistent with the provisions of this Title, any application for a permit for demolition of a designated structure shall also comply with the requirements of Chapter 16.28 of the Belvedere Municipal Code.

B. The Planning Commission may, on recommendation of the Historic Preservation Committee, suspend processing of an application for demolition permit for a designated landmark for a period of no more than two hundred forty days from the date the application for a demolition permit has been deemed complete, with additional possible extensions on agreement of the property owner, to provide time for the Historic Preservation Committee to gather information and professional help with which to explore alternatives to demolition. (Ord. 2006-6 § 1, 2006; Ord. 97-2 § 4, 1997; Ord. 93-5 § 1, 1993.)

The Planning Commission shall review the recommendation of the Historic Preservation Committee regarding the application at the public hearing on design review for said application. In taking action on the design review application, the Planning Commission shall make a specific finding regarding the Historic Preservation Committee’s recommendation on the application, and in what manner the application complies with that recommendation. The Planning Commission shall not be required to act in accordance with the Historic Preservation Committee’s recommendation, but shall in such case state the reasons why it is not following the recommendation. The owner shall be notified in writing of the Planning Commission action. (Ord. 2006-6 § 1, 2006; Ord. 93-5 § 1, 1993.)

The owner may file an appeal with the City Council from any denial, approval or conditional approval of an application by the Planning Commission, in accordance with Chapter 20.04 of the Belvedere Municipal Code. (Ord. 93-5 § 1, 1993.)

Review by the Historic Preservation Committee shall not be required for the following:

A. Interior changes to privately owned designated structures if such changes do not affect the exterior of the structure.

B. Maintenance of a designated structure in accordance with Section 21.08.035 of this Title, unless in the opinion of the Director of Planning and Building the proposed maintenance would seriously conflict with the purposes and standards of this Title.

C. Exterior alterations and additions to designated structures, and interior alterations to publicly owned designated properties/structures, when the Director of Planning and Building, Planning Commission Chair and Historic Preservation Committee Chair determine and approve in writing that such alterations and additions are minor and in no way defeat the purposes and objectives of this Title.

D. Emergencies. If the Building Inspector determines that a condition exists which requires immediate action to protect lives or property, he may grant an emergency permit to temporarily correct or ameliorate such condition without requirement of Historic Preservation Committee review. Permanent corrective measures shall require approval in accordance with the provisions of this Chapter.

E. If the Director of Planning and Building determines that a designated structure has suffered fifty percent or more destruction of the significant features identified in the survey form due to fire, earthquake or other natural disaster, reconstruction is not subject to the preservation regulation of this Chapter. In the event the property owner does not need to obtain Historic Preservation Committee review, pursuant to this paragraph, for reconstruction or repair and does not in fact obtain such review, the City Council may, on the recommendation of the Historic Preservation Committee that the structure no longer meets the criteria for designation, rescind the property’s designation.. Reconstruction after destruction of a lesser amount of a designated structure would still require review by the Historic Preservation Committee, with the destruction to be considered a hardship in evaluating the application. (Ord. 2016-4 § 3, 2016; Ord. 2013-2 § 24, 2013; Ord. 2006-6 § 1, 2006; Ord. 97-2 § 5, 1997; Ord. 93-5 § 1, 1993.)

Upon designation by the City of any structure, the State Historic Building Code shall apply to all work performed on the structure. (Ord. 2006-6 § 1, 2006; Ord. 93-5 § 1, 1993.)