Monte Sereno Municipal Code Ch. 12.01 Heritage Preservation

It is declared as a matter of public policy that the recognition, preservation, and enhancement of heritage resources within the City of Monte Sereno are in the interest of the cultural and aesthetic enrichment of the people of the City of Monte Sereno.

The purpose of this Chapter is to:

A. Encourage and foster the voluntary preservation, enhancement, and protection of irreplaceable heritage resources that represent significant elements of the community's history.

B. Encourage public knowledge, understanding and appreciation of the City's past and cultivate civic and neighborhood pride based upon the recognition of the City's history and heritage resources.

C. Establish incentives and promote an environment of community recognition, respect and esteem in order to promote a willingness of those owners of historically significant properties to voluntarily maintain and preserve such structures for the benefit of the entire community.

D. Establish requirements to assure the preservation of historic structures, which have already been determined to be significant heritage resources and placed on the historical inventory.

(Ord. 153 § 1 (part), 2006)

For the purpose of this Chapter, unless the contents clearly require a different meaning, the words, terms and phrases hereafter set forth shall have the meanings given them in this Section:

A. "Alteration" means a change or modification of any feature.

B. "City" means the City of Monte Sereno, California.

C. "City Council" means the legislative body of the City.

D. "City Manager" means the City Manager of the City.

E. "Commission" means the Cultural Commission established pursuant to Chapter 12.02 of this Title or any future commission created for purposes of historic preservation.

F. "Feature" means a site, improvement, appurtenance, natural feature or other object that has been designated pursuant to this Chapter to represent what has been determined to be a significant community heritage resource. A feature may include any or all of the following:

1. Architectural elements which embody style, design, general arrangements and components of all of the outer surfaces of any improvements, including, but not limited to the kind and texture of the building materials and the style and type of all windows, doors, lights, signs and other fixtures appurtenant to a structure and its setting and/or landscaping.

2. Historically significant elements which include a site, structures or elements of structures associated with the life, times and activities of a person, group, organization, association or institution that has made a significant historical contribution to the City, state or nation.

G. "Improvement" means a building, structure, place, parking facility, fence, gate, wall, work of art or other object constituting a physical addition to real property, or any part of the physical addition.

H. "Historical inventory" means the City's official inventory of the significant heritage resources, as adopted and amended from time to time by resolution of the City Council.

I. "Modification" or "modify" means to slightly or partially change or alter.

J. "Owner" means the person (or that person's personal representative) who owns property which contains a feature and whose name appears as the owner of the property on the last equalized assessment roll of Santa Clara County.

(Ord. 153 § 1 (part), 2006)

The historical inventory shall serve as a document designating significant features located in the City and shall be used for research when reviewing and evaluating proposed developments, building applications and demolition permits which may result in alterations or removal of an inventoried feature. The City Council may place the description of any feature on the historical inventory at any time upon recommendation of the Commission and consent of the owner. The City Council may remove or modify the description of any feature from the historical inventory upon the recommendation of the Commission. The Commission will review the historical inventory at least every three (3) years and the City Council shall have total discretion to modify the historical inventory in any manner deemed appropriate by the City Council in accordance with the provisions of this Chapter.

(Ord. 153 § 1 (part), 2006)

Any feature may be nominated for inclusion in the historical inventory by the Commission or owner. If an application is made by the owner for inclusion in the inventory, the application may be withdrawn at any time by the owner by filing a written notice of withdrawal with the City Clerk. The owner may reapply at any time. The owner's withdrawal of an application does not preclude the Commission from nominating that same feature at any time. However, if the owner objects to the nomination, it shall be withdrawn by the Commission. Each application shall be filed with the City Clerk on a form prescribed by the City Manager. The application shall not include a fee charged by the City. A hearing shall be held in accordance with this Chapter for any addition of a feature on the historical inventory.

(Ord. 153 § 1 (part), 2006)

For the purposes of this Chapter, any feature may be recommended by the Commission or owner and included by the City Council in the historical inventory using the following criteria as a guide:

A. Architecture. To be considered an architecturally significant feature as a basis for inclusion in the historical inventory, the feature shall include any one or more of the following:

1. Be significant as an example of a particular architectural style, type, or convention.

2. Be significant as an example of a particular material used or method of construction.

3. Be constructed at least sixty (60) years ago.

4. Be designed or built by an architect or builder who has made a significant contribution to the community, state, or nation.

5. Have an architectural quality of composition, detailing, and ornament measured in part in originality, quality as urban architecture, craftsmanship and uniqueness.

6. Contributes to or has a setting and/or landscaping which contributes to the continuity or character of a street, neighborhood, or area in which it is situated.

B. History. To be considered a historically significant feature and a community heritage resource as a basis for inclusion in the historical inventory, the feature shall:

1. Be associated with the life or activities of a person, group, organization, association or institution that has made a significant contribution to the City, state or nation.

2. Be associated with an event that has made a significant contribution to the City, state, or nation.

3. Be associated with, and effectively illustrative of broad patterns of cultural, social, political, economic, or industrial history of the development of the City.

(Ord. 153 § 1 (part), 2006)

No feature may be removed from the historical inventory without the consent of the City Council. Upon written request for removal from the historical inventory, the City Manager shall forward the request to the Commission for a recommendation. The Commission shall consider whether circumstances have changed such that the feature no longer meets the criteria outlined in Section 12.01.050 of this Chapter for inclusion on the historical inventory and whether the removal of the feature constitutes a significant environmental impact in accordance with the California Environmental Quality Act. The City Council shall hold a public hearing pursuant to the terms of this Chapter on the request and consider testimony from the public, the recommendation of the Commission and the criteria listed in Section 12.01.050 of this Chapter.

(Ord. 153 § 1 (part), 2006)

In addition to the duties outlined in Section 12.02.050 of this Chapter, the Commission shall perform the following duties:

A. Present a written report, either oral or written, to the City Council explaining the criteria used in evaluating a feature, historic site or location or notable home, and the historically significant aspects of such when recommending the placement of a heritage resource on the historical inventory.

B. Review and evaluate the historical inventory at least once every three (3) calendar years following original approval of the historical inventory by the City Council to make any new or revised recommendations it may deem to be appropriate regarding additions or removals from the historical inventory.

C. The Commission shall mail written notice of its intended recommendation to the owner. The written notice shall contain a complete description of the proposed designation, information concerning the benefit of and incentives for inclusion in the historical inventory and shall advise that written objections to the proposal may be filed with the Commission within thirty (30) days from the date of the notice. If written objections are received, the Commission shall discontinue all consideration of the feature.

D. Perform such other functions as may be delegated to it by resolution or motion of the City Council and as outlined in Chapter 12.02 of this Title.

E. Respond and make written recommendation to the City Council on matters referred to the Commission by the City Council.

(Ord. 153 § 1 (part), 2006)

Except as provided in this Chapter, no feature listed in the historical inventory shall undergo an alteration, or caused to be altered, by any person, occasioned by, but not limited to, construction, relocation, rebuilding, remodeling, or demolition or any similar activity without first obtaining a use permit in compliance with the provisions of this Chapter. There shall be no application fee for the use permit.

(Ord. 153 § 1 (part), 2006)

No use permit for the alteration of a feature shall be issued unless the City Council, following a public hearing as provided in this Chapter, has approved the issuance of the use permit.

(Ord. 153 § 1 (part), 2006)

Applications for a use permit shall be filed with the City Clerk on a form prescribed by the City Manager. No application fee shall be required. The City Manager shall schedule the matter on a City Council Agenda within thirty (30) days of receipt of the application and shall notify the Commission of a complete application. Review of the application shall be in accordance with this Chapter.

(Ord. 153 § 1 (part), 2006)

A. The City Council shall issue a use permit for the alteration of a feature if it is determined that:

1. The proposed work is consistent with the purposes and objectives of this Chapter;

2. The proposed work does not adversely affect the character or integrity of the designated feature;

3. The proposed work will not result in a significant environmental impact that cannot be mitigated; or

4. In the case of construction of a new building, structure or other improvement upon or within a designated feature, the exterior of such improvement will not adversely affect and will be compatible with the external appearance of the existing feature.

(Ord. 153 § 1 (part), 2006)

Each permit shall be deemed abandoned and shall expire and become null and void in the event that it has not been exercised within one year from and after the date on which it was granted.

(Ord. 153 § 1 (part), 2006)

A. All applications for development or construction in accordance with Section 10.08.040 of this Code shall be reviewed by the City Planning Department to determine if the structure or any feature of the structure is over sixty (60) years old or if the structure or feature has any state or federal significance as defined by the California Environmental Quality Act.

B. If the structure or feature is less than sixty (60) years old and does not have any state or federal significance, the application is reviewed by the Site and Architecture Commission in accordance with Section 10.08.050 of this Code.

C. If the structure or any feature is sixty (60) years or older or has state or federal significance as defined by the California Environmental Quality Act, the following process would be followed:

1. If the structure or feature is determined to have state or federal significance as defined by the California Environmental Quality Act, all improvements must be made in accordance with the Secretary of Interior Standards for Treatment of Historic Properties.

2. If the structure or feature is determined to have state or federal significance or is sixty (60) years or older, the structure or feature shall be evaluated by a professional licensed architect with expertise in historical architecture to determine if the proposed construction will negatively impact the structure or feature and to make recommendations for preservation of the structure or feature if necessary.

3. Any applications for structures or features of state or federal significance and recommendations from the licensed architect shall be forwarded to the Commission for consideration.

4. The Commission shall consider the application for structures or features of state or federal significance and the recommendation by the licensed architect and shall make a recommendation to the Site and Architecture Commission to approve or deny the application.

5. The Site and Architecture Commission shall consider the site development permit for a structure or feature of state or federal significance or a structure or feature that is sixty (60) years or older in accordance with Section 10.08.050 of this Code and determine whether or not to accept the recommendation of the Commission and require mitigation measures or conditions to protect the structure or feature.

6. Any interested party may appeal the decision of the Site and Architecture Commission to the City Council in accordance with Section 10.08.060 of this Code. The City Council's consideration of the matter shall be in accordance with Section 10.08.060 of this Code.

(Ord. 153 § 1 (part), 2006)

A. Notice. The City Clerk shall give notice of the time and place of any hearing required to be held by this Chapter at least ten (10) days in advance thereof by:

1. Posting a copy of the Notice of Hearing in three (3) public places within the City;

2. Posting, by first class mail, to the Chair of the Commission and any person who has filed a written request therefor with the City of Monte Sereno;

3. Posting of copies of Notices of Public Hearing for not less than three hundred (300) feet at approximately one hundred (100) foot intervals along the road(s) upon which the property on which feature is located, abuts or from an access road or way to the property not having public road frontage; and

4. Giving Notice of said Public Hearing by first class mail or by personal delivery: (1) to the owner of the real property on which is located the heritage resource, and (2) to all persons, including individuals, corporations, or other public entities, shown on the last equalized assessment roll as owning real property within three hundred (300) feet of the real property on which is located the feature.

B. Hearing. At the time and place set for a hearing the City Council or Commission shall consider the information presented by the Commission, staff and the owner of the structure or feature under consideration.

C. Decision. The City Council and Commission shall render its decision concerning any matter heard by the City Council and Commission pursuant to the provisions of this Chapter within thirty (30) days following the close of the hearing. The hearing may be continued from time to time.

D. Post Hearing Action. Following a hearing and a decision by the City Council or Commission on the matter before it, the City Clerk shall notify the owner of the decision by certified mail with return receipt within ten (10) days of its determination.

(Ord. 153 § 1 (part), 2006)

Notwithstanding the provisions of this Chapter, the failure of any person to mail any notice required under this Chapter, or the failure of any person to receive the same, shall not affect, in any way whatsoever, the validity of any proceedings by the City Manager or City Council pursuant to this Chapter.

(Ord. 153 § 1 (part), 2006)

There shall be no fee charged for any application for determination of a designation as a feature, for the filing and processing of applications for a permit required under this Chapter, and for appeals to the City Council pursuant to this Chapter.

(Ord. 153 § 1 (part), 2006)

Nothing in this Chapter shall be construed to prevent the ordinary maintenance or repair of any feature found in the historical inventory that does not involve a change in design, material or external appearance thereof.

(Ord. 153 § 1 (part), 2006)

A. Any person, firm, partnership, association or corporation or other legal entity violating any provision of this Chapter shall be deemed guilty of a misdemeanor for each offense.

B. Each person, firm, partnership, association or corporation or other legal entity violating any provision, or failing to comply with the mandatory requirements of this Chapter shall be deemed guilty of a separate offense for each and every day during which any violation of any provision of this Chapter is committed, continued or permitted by such person, firm, partnership, association or corporation or other legal entity, and shall be punishable as provided in this Chapter.

(Ord. 153 § 1 (part), 2006)

No building permit or any other City permit shall be issued for alteration, improvement, construction, demolition, grading or tree removal or for any other work proposed to be performed upon or affecting the feature or within property which is the subject of a proposed designation during the pendency of any application before the Commission or the City Council. This restriction shall take effect as of the date upon which a proposal or nomination is filed in the office of the City Clerk and shall remain in effect until a final decision is made by the Commission, Site and Architecture Commission or City Council as the case may be.

(Ord. 153 § 1 (part), 2006)

Alteration restrictions in this Chapter do not apply to the interior of structures, except with the voluntary consent of the owner.

(Ord. 153 § 1 (part), 2006)

All features or structures listed on the historical inventory as of the effective date of this Chapter shall remain on the historical inventory unless removed by the City Council in accordance with Section 12.01.060 of this Chapter.

(Ord. 153 § 1 (part), 2006)