Chapter 6-21 — HISTORICAL LANDMARKS

Sections:

Article 1. - General

6-2101 - Declaration of public policy and purpose.

The city council declares as a matter of public policy that the preservation, protection, perpetuation and use of areas, places, sites, buildings, structures, works of art and other objects having a special historical or archeological community interest or value is a public necessity and is required in the interest of the health, prosperity, safety and welfare of the people. The purpose of this chapter is to provide a means to:

(a)

Delay the sudden, arbitrary, impetuous and capricious destruction or removal of historical and archeological landmarks; and to control or delay the remodeling thereof when such action would have the effect of destroying or changing the landmark;

(b)

Safeguard the heritage of the city by preserving and perpetuating locations, areas, places, sites, buildings, structures, monuments, works of art and other objects or things which reflect elements of the city's cultural, historical, archeological, social, economic, political, agricultural, military, educational or architectural history;

(c)

Protect and enhance the city's attractiveness to residents, tourists and visitors;

(d)

Enhance the visual and aesthetic character, diversity and interest of the city;

(e)

Foster civic pride in the beauty and notable accomplishments of the past and enrich human life in its educational, patriotic, civic and cultural dimensions;

(f)

Promote the use and preservation of historic and/or archeological locations, places, sites, structures, objects or things for the education and general welfare of the people of the city;

(g)

Take necessary steps to safeguard the property rights of the owner whose property is declared to be a "landmark."

(Ord. 159 § 1 (part), 1976)

6-2102 - Definitions.

For purposes of this chapter, unless the context clearly indicates otherwise, the following words and phrases have the meanings given in this section:

(a)

"Environmental change" means any change in the design or elevation of or the exterior remodeling of any building; or the destruction or removal of such building; or any physical change in the grounds for which some land use entitlement, such as a grading permit, a building permit or site plan approval is required.

(b)

"Landmark" means any location, area, place, site, building, structure, monument, work of art and other object or thing which has been designated as a historical landmark pursuant to this chapter.

(Ord. 159 § 1 (part), 1976)

Article 2. - Designation of Historical Landmarks

6-2111 - Criteria.

In considering the designation of any area, location, site, place, building, structure, work of art or similar object as a landmark, the city council shall apply the following criteria with respect to such property:

(a)

Its character, interest or value as part of the development, heritage or cultural characteristics of the city, the state or the United States of America;

(b)

Its location as an area, place or site of a significant historic event;

(c)

Its identification with a person or persons who significantly contributed to the culture, history and development of the city;

(d)

Its exemplification of the cultural, educational, economic, patriotic, social or historic heritage of the city;

(e)

Its portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style;

(f)

Its embodiment of distinguishing characteristics of an architectural type of specimen;

(g)

Its identification as the work of an architect or master builder whose individual work has influenced the development of the city;

(h)

Its embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation;

(i)

Its relationship to other distinctive locations, areas, places and sites which are eligible for preservation according to a plan based on a historic, educational, patriotic, cultural or architectural motif;

(j)

Its unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, or of the entire city.

(Ord. 159 § 1 (part), 1976)

6-2112 - Nominations.

Proposals for the designation of landmarks may be made by (a) the owner of the property proposed to be so designated, or (b) the Lafayette Historical Society.

(Ord. 159 § 1 (part), 1976)

6-2113 - Nominations by owners.

A property owner who wishes to have his property designated as a landmark shall submit a written request therefor to the city council. The request shall clearly identify the proposed landmark, and shall set forth the reasons justifying the proposed designation. The city council shall promptly refer any nomination by an owner to the Lafayette Historical Society for investigation and recommendation.

(Ord. 159 § 1 (part), 1976)

6-2114 - Action upon nominations by owners.

The Historical Society shall have a period of six months to investigate and make a recommendation upon any landmark nomination submitted by an owner.

(Ord. 159 § 1 (part), 1976)

6-2115 - Nominations by the Society.

The Lafayette Historical Society is requested and encouraged to propose, from time to time, the designation of landmarks, especially when there is a community interest in acquiring the property or otherwise arranging for its permanent preservation. Such proposals shall be in written form, clearly identifying the property and setting forth the justification for the proposed landmark designation.

(Ord. 159 § 1 (part), 1976)

6-2116 - Processing nominations.

The city council shall give notice of, and hold, a public hearing on each nomination for landmark designation. If the nomination is submitted by the owner, the hearing shall be held within 30 days after the recommendation from the Historical Society has been received, or within 210 days after the nomination was received, whichever is earlier. If the nomination is submitted by the Historical Society, the hearing shall be held within 30 days after receipt of the nomination.

(Ord. 159 § 1 (part), 1976)

6-2117 - Notice.

The city manager shall give notice of the time and place of the hearing at least ten days in advance thereof by:

(a)

Mailing a copy of the notice to the owner of record of the subject property;

(b)

Posting a copy of the notice on a public street in a location which is as close as reasonably possible to the front or entrance to the subject property; and

(c)

Arranging for the publication of the notice as a legal advertisement in a newspaper of general circulation published and circulated in the city.

(Ord. 159 § 1 (part), 1976)

6-2118 - Hearing.

The city council shall conduct a public hearing and shall provide a reasonable opportunity for all interested parties to express their opinions for and against the proposed landmark designation. The hearing may be continued from time to time.

(Ord. 159 § 1 (part), 1976)

6-2119 - Decision.

Within 30 days after the conclusion of the hearing, the council, using the criteria set forth in Section 6-2111, shall by resolution either designate the property as a landmark or reject the nomination. Each resolution designating a landmark shall set forth the effects of the designation pursuant to Article 3 of this chapter.

(Ord. 159 § 1 (part), 1976)

6-2120 - Notification.

Upon the designation of a landmark by resolution, the city manager shall send certified copies of the resolution to the county building inspector, the owner of the property and the Historical Society, and shall

cause a copy of the resolution to be recorded in the office of the county recorder.

(Ord. 159 § 1 (part), 1976)

Article 3. - Regulation of Landmarks

6-2131 - Regulation of environmental changes.

Before any person who owns, rents or occupies property which has been designated as a landmark makes any environmental change in such property, he must procure a certificate of appropriateness from the city council with respect to such environmental change.

(Ord. 159 § 1 (part), 1976)

6-2132 - Applications.

An application for a certificate of appropriateness shall be made in writing to the Lafayette Historical Society, with a record copy to the city council. The application shall be accompanied by such supporting information as will be required in order to obtain the land use entitlement required for the environmental change.

(Ord. 159 § 1 (part), 1976)

6-2133 - Recommendation by Historical Society.

Within 30 days after receiving the application, the Lafayette Historical Society shall recommend in writing to the city council whether the application should be approved, conditionally approved or denied; and shall indicate the reasons for its recommendation.

(Ord. 159 § 1 (part), 1976)

6-2134 - Action by city council.

Within 30 days after receiving the recommendation of the Historical Society, or within 60 days after receiving the record copy of the application, whichever is earlier, the city council shall either approve, conditionally approve, or deny the application.

(Ord. 159 § 1 (part), 1976)

6-2135 - Issuance of certificate of appropriateness.

The city council shall issue a certificate of appropriateness, either with reasonable conditions or without conditions, if it finds that the environmental change proposed by the applicant:

(a)

Will not adversely affect any significant historical or aesthetic feature of the property and is appropriate and consistent with the spirit and purposes of this chapter; or

(b)

Is the necessary and appropriate method of remedying conditions determined in writing by the county building inspection department, Contra Costa County consolidated fire district, or the county health department to be dangerous to life, health or property.

(Ord. 159 § 1 (part), 1976)

6-2136 - Denial of application.

If the city council finds that the proposed environmental change complies with neither of the requirements of Section 6-2135, it shall by motion deny the application and the proposed environmental change shall not be made.

(Ord. 159 § 1 (part), 1976)

6-2137 - Notification.

The city manager shall send written notification of the action of the city council on an application for a certificate of appropriateness to the applicant, the Historical Society and the official or body authorized to act on the land use entitlement needed for the proposed environmental change.

(Ord. 159 § 1 (part), 1976)

6-2138 - Exemptions from code requirements.

The city council shall request exemptions from requirements of the adopted construction codes for buildings or structures constituting designated landmarks when it appears such exemptions are necessary to the preservation of historical features or elements of the landmark. Such exemptions shall be granted by the county building inspector if, in his opinion, they will not result in any condition which is hazardous to life or property.

(Ord. 159 § 1 (part), 1976)

Chapter 6-22 - MERGER OF CONTIGUOUS PARCELS

Sections:

6-2201 - Authority and applicability.

This chapter is adopted under the authority granted to the city by Government Code Section 66424.2 to provide for merger of contiguous parcels of land. This chapter applies to land privately held and land owned by a public agency and held by it for the purpose of sale.

(Ord. 287 § 1 (part), 1982)

6-2202 - Definitions.

In this chapter, unless the context otherwise requires:

(a)

"Building" means:

(1)

In a residential or agricultural zoning district, a structure built as a dwelling or dwelling unit;

(2)

In a commercial, business of office zoning district, a structure built as a dwelling or dwelling unit or as a structure continuously occupied by persons for business purposes.

(b)

"Conform to the standards for development," when referring to a parcel or unit of land, means that the parcel or unit of land is smaller than the minimum lot size required, or that the lot does not comply with the minimum lot depth or width standards of the zoning district in which the parcel is located.

(c)

"Contiguous parcels or units of land" means and includes those separated by a road, street, easement, right-of-way, creek or channel.

(Ord. 294 §§ 1—2, 1983; Ord. 287 § 1 (part), 1982)

6-2203 - Merger.

Two or more contiguous parcels or units of land which have been created under the Subdivision Map Act, a prior law regulating the subdivision of land, a county or city ordinance or were not subject to such provisions at the time of their creation and which are held by the same owner shall be merged if (a) one of the contiguous parcels or units does not conform to the standards for development under this code; and (b) at least one of the contiguous parcels or units is not developed with a building for which a permit was issued or, if it is developed with a building, the building was built before a permit was required.

(Ord. 287 § 1 (part), 1982)

6-2204 - Procedure to effect a merger.

(a)

Whenever the city has knowledge that real property has merged under this chapter, it shall:

(1)

Give written notification to the owner of the city's intention to record a notice of merger with the county recorder. Notification to the owner shall be given at least 30 days before notice of the merger is filed for record and shall specify a time, date and place at which the owner may present evidence to the planning commission as to why such notice should not be recorded; and

(2)

Permit the owner to present evidence to the planning commission as to why a notice of merger should not be recorded.

(b)

At the conclusion of the hearing, the planning commission shall make its determination as to whether or not the notice of merger will be recorded with the county recorder.

(c)

The owner may appeal the decision of the planning commission. The appeal procedures are those set forth in Chapter 6-2, Article 3 of this title.

(Ord. 287 § 1 (part), 1982)

6-2205 - Exception to the general policy.

Notwithstanding Section 6-2203, lands to which this chapter applies may be merged and resubdivided under provisions of the Subdivision Map Act and local ordinances upon application by the owner.

(Ord. 294 § 3, 1983: Ord. 287 § 1 (part), 1982)

6-2206 - Supplemental regulations.

The city council may by resolution adopt regulations to establish administration, procedures, interpretation and policy to carry out this chapter.

(Ord. 287 § 1 (part), 1982)

Chapter 6-23 - PARKING, VEHICLE STORAGE AND REPAIRS[[17]]

Sections:

Footnotes:

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Editor's note— Ord. No. 586, § 1, adopted Sept. 28, 2009, repealed the former Ch. 6-23, §§ 6-2301—62304, and enacted a new Ch. 6-23 as set out herein. The former Ch. 6-23 pertained to outdoor storage and repairs and derived from Ord. 560 § 6 (part), 2006.

6-2301 - Applicability.

This chapter shall apply to any parcel of land which is legally used or zoned for residential purposes or is vacant and unimproved, irrespective of the zoning. This chapter shall apply to the parking, storage, and repair of vehicles. Use of property for outdoor storage or structures placed on property for storage of goods and materials is addressed elsewhere in this code.

(Ord. No. 586, § 1, 9-28-2009)

6-2302 - Definitions.

(a)

"Adjoining property" means a property which shares a common boundary with a subject property or a property that is directly across a public or private street or road from a subject property.

(b)

"Front yard area", means an open area extending across the front of a lot, measured from the front property line or access easement, whichever is lesser, toward the rear of the lot to the nearest line of the primary residence.

(c)

"Public view" means the view from a public or private street or road which serves more than one property or from a public walkway or trail.

(d)

"Screened" means shielded, concealed and substantially hidden from public view or adjoining property, at an elevation at least six feet above ground level, by a fence, wall, lattice, hedge, berm, or similar structure, architectural or landscape feature, or combination thereof, as deemed appropriate by the planning services manager.

(e)

"Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, street, road, avenue, lane, alley, court, place, square, curb or other similar surface improved, designed or ordinarily used for vehicular traffic, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

(Ord. No. 586, § 1, 9-28-2009)

6-2303 - Permitted activities.

(1)

Placing, parking, or keeping of a registered and fully operable car(s), van(s), truck(s), sport utility vehicle(s) (SUV) and motorcycle(s) is a permitted use on occupied lots, subject to the following conditions:

(a)

Said vehicle(s) is owned by or registered to the owner or occupant of the lot, or guest thereof;

(b)

Said vehicle(s) is not parked in the front yard area unless parked on a driveway that connects to covered parking or is parked on a paved or similarly surfaced area that is designed and intended for the purpose of

parking vehicles, and that is connected to a driveway that has direct access from a public or private road or access easement;

(c)

Said vehicle(s) is not used for living or sleeping purposes; and

(d)

Said vehicle(s) is rated for a maximum payload of one ton or less.

(2)

Placing, parking or keeping of registered and fully operable recreational vehicle(s), trailer(s) (e.g., for a boat, cargo, debris, horse, etc.), boat(s), or aircraft is a permitted use on occupied lots subject to the following conditions:

(a)

Said vehicle(s) is owned by or registered to the owner or occupant of the lot;

(b)

Said vehicle(s) is screened from public view and adjoining property;

(c)

Said vehicle(s) is not parked in the front yard area; and

(d)

Said vehicle(s) is not used for living or sleeping purposes.

(Ord. No. 586, § 1, 9-28-2009)

6-2304 - Prohibited activities.

(1)

No person shall engage in any of the following activities, unless the activity is fully screened from public view or an adjoining property:

(a)

Place, park, keep, or allow to remain for more than 96 consecutive hours a disabled or inoperable vehicle or part(s) of a vehicle, or materials used in the repair, servicing, construction or assembly of vehicles;

(b)

Construct, repair, disassemble or service any vehicle more than eight days per year, or between the hours of 9:00 p.m. and 7:00 a.m. of any day; and/or

(c)

Place, park, keep, or allow to remain any recreational vehicle, boat, aircraft, trailer (e.g., for a boat, cargo, debris, horse, etc.) either for more than 36 consecutive hours, or intermittently for periods exceeding 72 hours total in any 30-day period.

(2)

No person shall use any vehicle for living or sleeping purposes.

(3)

No person shall place, park or keep a vehicle(s) on a vacant or unimproved lot unless a land use permit is obtained pursuant to section 6-2305.

(Ord. No. 586, § 1, 9-28-2009)

6-2305 - Parking on vacant or unimproved lot subject to use permit.

(1)

The purpose of this section is to prevent owners of vacant or unimproved lots from storing vehicles on those lots, and to implement the Lafayette general plan which envisions maintaining the semi-rural character of the city. This section is intended to:

(a)

Protect the health and welfare of residential neighborhoods;

(b)

Prevent nuisance situations that can change the nature of a residential neighborhood;

(c)

Prevent potential safety hazards to pedestrians and other vehicles caused by the unexpected ingress and egress of vehicles from vacant or unimproved lots; and

(d)

Minimize the aesthetic and visual impacts of storing vehicles on vacant or unimproved lots.

(2)

A land use permit is required to place, park, or keep a vehicle(s) on a vacant or unimproved lot, irrespective of the land use district in which the land is located, as follows:

(a)

An application for a land use permit shall be submitted to the zoning administrator accompanied by the required fee as established by resolution of the city council;

(b)

If the zoning administrator finds that the vehicle(s) is owned by or registered to the owner of the lot; is not used for living purposes on the lot; is screened from public view; will not create a safety hazard as a result of the ingress and egress of the vehicle onto the lot; and that the proposed storage of the vehicle meets the findings required for a land use permit set forth in Section 6-215 of this code, the zoning administrator may issue a land use permit without the requirement for a public hearing.

(c)

If the zoning administrator determines that a public hearing is necessary to address potential impacts of the permit, written notice of an application shall be provided as prescribed in Section 6-211(b) of this code.

(d)

The zoning administrator may refer the application to the planning commission for review and action.

(e)

The hearing authority may approve, conditionally approve or deny the application based on its consideration of the factors outlined in subsection (2)(b) above, and the purposes and intent of this Section.

(f)

The decision of the hearing authority is subject to the right of appeal in the manner as set forth in Chapter 6-2, Article 3.

(Ord. No. 586, § 1, 9-28-2009)

6-2306 - Enforcement.

Engaging in any activity prohibited in this chapter shall be a violation of this chapter and may be subject to enforcement in accordance with Chapters 1-9 and/or 8-21 of this code, in addition to all other legal remedies, criminal or civil, available to the city to address a violation of this code.

(Ord. No. 586, § 1, 9-28-2009)