Part 5 — CONSERVATION AREAS

The purpose of this part is to establish procedures for the designation of conservation areas in order to recognize, preserve and enhance the character of qualifying neighborhoods.

(Ord. 27113.)

A "conservation area" means a geographically definable area of urban or rural character with identifiable attributes embodied by: (1) architecture, urban design, development patterns, setting, or geography; and (2) history.

(Ord. 27113.)

Every potential conservation area proposed for designation shall qualify as a conservation area pursuant to Section 13.48.610 and shall meet one or both of the following additional criteria:

A.

The neighborhood or area has a distinctive character conveying: (1) a sense of cohesiveness through its design, architecture, setting, materials, or natural features; and (2) its history; or

B.

The neighborhood or area reflects significant geographical or developmental patterns associated with different eras of growth in the city.

(Ord. 27113.)

A.

Any potential conservation area may be nominated for designation as a conservation area in accordance with all of the processes set forth for the designation of an historic district under Part 2 of this chapter, subject to the provisions of Subsection B. below.

B.

All of the processes, proceedings and fee provisions applicable to the designation of an historic district under Part 2 of this chapter shall be applicable to the designation of a conservation area as if the term "conservation area" replaced the term "historic district" in the provisions of said Part 2 of this chapter, except as those processes, proceedings and fee provisions are specifically modified as follows:

Any geographically defined area that meets the criteria set forth in Section 13.48.620 may be nominated as a conservation area by the city council, the planning commission, the historic landmarks commission or by application of persons who own at least fifty-one percent of the parcels of land proposed to be included in the conservation area or the authorized agents of those property owners.

Each application for a proposed conservation area designation shall include all of the following materials and information to the satisfaction of the director of planning, building and code enforcement and in accordance with all applicable standards and guidelines of the federal, state and local governments for historic preservation:

a.

Descriptions of why or how the proposed conservation area meets the definition set forth in Section 13.48.610 and the criteria of Section 13.48.620; and

b.

A statement of significance for the proposed conservation area and related documentation for each contributing resource within the proposed conservation area; and

c.

A historic resource survey of the proposed conservation area completed to the reasonable satisfaction of the Director of planning, building and code enforcement in order to ensure that the proposed conservation area is adequately researched and documented according to accepted historic preservation standards; and

d.

Drawings, photographs or other descriptive material of the proposed conservation area; and

e.

A description of and an assessor's parcel map that shows the real properties to be included in the proposed conservation area, together with an identification of contributing properties; and

f.

Any other information requested by the Director of planning, building and code enforcement as reasonably needed to process the designation application; and

g.

The filing fee as set forth in the schedule of fees adopted by resolution of the city council.

In recommending approval or modified approval of a proposed conservation area, both the historic landmarks commission and the planning commission, as a part of their respective recommendation on a proposed conservation area, shall examine and make a determination regarding whether a proposed conservation area meets the criteria of Section 13.48.620.

The city council, by resolution, may approve, modify and approve, or deny a proposed conservation area designation. The city council may make such designation subject to conditions as the council deems

reasonably necessary to effectuate the purpose of this part. The city council shall not make any designation of a conservation area unless, with respect thereto, the council makes a finding that the conservation area meets the criteria set forth in Section 13.48.620.

C.

Once a conservation area has been designated by the city council, the council may thereafter rescind or amend such designation. The procedure to amend or rescind a designation shall be the same as that for designation of a conservation area. The council may rescind a designation in whole or in part when it determines that such rescission is in the public interest. The council may amend a designation when the findings required for designation of a conservation area may be made with respect to the proposed amended designation.

D.

The city clerk shall promptly notify the owners of the affected parcels of land by mailing a certified copy of the resolution of the city council amending or rescinding the designation, and shall cause a copy of the appropriate resolution to be recorded in the office of the recorder of Santa Clara County. The city clerk also shall send a certified copy of said resolution to the director of planning, building and code enforcement and the occupants of the affected parcels of land.

(Ord. 27113.)

The historic preservation officer shall cause properties located within conservation areas approved and designated by city council to be placed in the city's historic resources inventory.

(Ord. 27113.)

A.

Changes to the exterior of any structure located on property within a conservation area shall be performed in a manner consistent with any and all design guidelines approved or accepted by the city council for the preservation of historic structures and for the particular type of structure proposed for change.

B.

Changes to the exterior of any structure located on property within a conservation area may trigger the requirement for a single-family house permit pursuant to the provisions of Part 9 of Chapter 20.100 of Title 20 of this Code.

(Ord. 27113.)

Under no circumstances shall any applicant or applicants have the right to establish a conservation area.

(Ord. 27113.)