Newark Municipal Code Ch. 17.20 Historical Resources

A. Historical resources within a community enrich it by providing it with a distinct identity and a link with the past, and by serving as a source of ideas for contemporary buildings, designers and other artisans. The number of irreplaceable historical resources within the community is limited and declining and the preservation of such resources is essential to the general welfare of the public. The purpose of this chapter is to encourage the preservation of historical resources, and to require that the actions to remove or demolish landmarks be subject to city council review, to enhance the preservation and relocation of such landmarks by interested persons and organizations.

B. This chapter is adopted pursuant to Section 37361 of the California Government Code, which authorizes the adoption of special regulations for the protection, enhancement, perpetuation or use of places, buildings, structures and other objects having a special character or special historical or aesthetic interest or value.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A. The city council shall undertake and complete one or more historical resources surveys. Upon completion of the survey(s) the city council shall form and cause to be maintained a city historical resources list.

B. The designation of historical resources, and the removal of such designation, shall be accomplished by the adoption of a resolution to add, or to delete, the historical resource from the historical resources list.

C. Applications to designate historical resources or remove such designation may be initiated by the city council, the planning commission, the director, the owner of the subject real property or the authorized agent of the owner.

D. Consideration of the designation of an historical resource by the city council shall be in accordance with the resolutions and procedural rules and regulations of the city council.

E. The list of historical resources and any additions or deletions shall be maintained, distributed and recorded in the office of the city clerk.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Historical resources shall meet one or more of the following criteria:

A. Historical and cultural considerations:

1. One associated with the life or activities of a person significant in the development of institutions, activities or industries of Newark or Washington Township;

2. One associated with a major group or organization in the history of Newark or Washington Township;

3. One associated with a significant historic event of Newark or Washington Township;

4. One associated with a major recurring event in the history of Newark or Washington Township such as an annual celebration;

5. One associated with a past or continuing institution which has contributed substantially to the life of the city;

B. Architectural and aesthetic considerations:

1. One of the few of its decade remaining in the city (one of six) and is unique or one of a few remaining examples in the city of a particular architectural style or period;

2. The work of a regionally or nationally famous architect;

3. An architectural curiosity or picturesque work of particular artistic merit;

4. Contains original materials and/or workmanship of merit. Has architectural, structural, or artistic merit. An important or scarce example (one of six), associated with the architectural and aesthetic character of Newark or of an architecturally and aesthetically distinct or unique neighborhood;

C. Modifying conditions:

1. The owner of a property shall have the right to veto its placement on the list of historical resources;

2. If the historical resource is found to be in, or to have, several of the following conditions, consideration as a historical resource shall be suspended until a detailed report of its significance can be made;

a. Has conditions which will or are suspected to further destroy its quality or use,

b. Is not in, or is unadaptable to, productive use,

c. Cannot be restored to its original use or preserved in its present use,

d. The integrity of the original design is essentially altered,

e. Cannot be adapted to a new use without harm to those historic and cultural or architectural and aesthetic elements which contribute to its significance,

f. Is not free from known threats of demolition or obliteration by public or private action,

g. Is not accessible, not served by utilities, not capable of providing adequate parking space, not covered by fire and police protection, or is economically unfeasible to preserve or adapt it for contemporary use,

h. Preservation or restoration and continued maintenance is economically unfeasible,

i. Is less than ninety years old,

j. Is not compatible with the program developed for Ardenwood and the criteria of the regional park district.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A. Routine maintenance or replacement of deteriorated parts of a landmark are exempt from city council review.

B. The director may, when requested in writing by an owner of a landmark, advise appropriate remodeling necessary to protect the historic merit of the historic resource. Compliance of the property owner with the recommendations shall be voluntary, not mandatory.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A. Inspection. The director shall have an inspection made of the physical condition of the landmark by the building official in the case of a building or structure, or the landscape parks supervisor if it is a tree or plant life. The inspection shall be made upon the filing of a permit application for any of the following:

1. An application for a permit for the demolition of a landmark;

2. A notice of intention to move, or remove a landmark; or

3. An application for a development project on any landmark site, or land on which a landmark is located.

B. Report. The inspection official shall report to the director as to the physical condition of the landmark.

C. Review.

1. If the report does not cite conditions hazardous to public health and safety, the director shall refer the permit application to the planning commission. The planning commission shall forward its recommendation to the city council for review.

a. The planning commission shall review applications for the development of a landmark site in accordance with the requirements of this title and forward its recommendation to the city council for review.

2. If the director finds that the removal, demolition, or destruction of the landmark must be undertaken promptly to adequately protect the public health and safety due to a hazardous condition of the landmark, the director shall do one of the following:

a. Advise the city council immediately of hazardous conditions. The city council shall determine whether to call for a special meeting, or hold the hearing at their next regular meeting.

b. If the director finds that the danger to the public health and safety is so immediate that no delay in undertaking the removal, demolition or destruction should take place, the permit may be issued, if such is required, for the removal, demolition or destruction in conformance with other applicable requirements of this chapter, to the extent necessary to eliminate the hazardous condition, without referral of the matter to the city council.

3. The city council, upon review of the application for a permit for removal or demolition of a landmark, may:

a. Authorize the building official to issue the permit by finding that taking into account the current market value, the value of transferable development rights, and the costs of rehabilitation to meet the requirements of the building code or other city, state or federal laws, the property retains no reasonable economic use; or

b. Authorize the building official to issue the permit by finding that moving, removal, or demolition of the building will not have a significant effect on the achievement of the purposes of this chapter; or

c. Impose a ninety-day moratorium, starting with the application date, on the issuance of the permit. During this period the city may indicate an interest in purchasing or relocating the historical resource; or

d. Impose a thirty-day moratorium, beginning with either the permit application date or the date of receipt of a letter of intent to apply for a permit. The letter of intent must be submitted by the property owner, via registered mail, to the director. The thirty-day period shall apply only to primary landmarks (those historic resources meeting at least three criteria) that are not on the City of Newark historical resources list. During this period the city may indicate an interest in purchasing or relocating the historical resource.

D. Acquisition. The city shall have the right to acquire the landmark only at the time the landmark is proposed to be moved or demolished.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The director shall maintain a list of non-profit corporations chartered by the state who have filed a written request for notice of meeting on dispositions of historical resources. The director shall transmit by mail to each person, group or organization on the list a notice of each meeting of the planning commission and the city council, other than special meetings, or immediate danger findings, at which a hearing will be conducted regarding the designation of any historical resource; or the removal of any historical resource from its designation as such; or regarding any proposal for the removal, relocation, destruction or demolition of a landmark.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)