Chapter 4-26 — HISTORIC PRESERVATION

Note: Editor's Note: Ordinance No. 2003-014 repealed and replaced Chapter 4-26 in its entirety.

Article 1

Purpose(Legislative History: Ordinance No. 2003-014, 11/17/03 (Section 4-26-100))

The purpose of this Chapter is to promote the general welfare by providing for the identification, designation, protection, enhancement, perpetuation and use of historical resources including buildings, structures, objects, signs, features, sites, archaeological resources, cultural landscapes, places and areas within the city that reflect special elements of San Leandro's historical, architectural, archaeological, cultural or aesthetic heritage for the following reasons:

(a) To encourage public knowledge, understanding, appreciation and use of the City's past;

(b) To foster civic pride in the beauty and character of the City and in the accomplishments of its past;

(c) To enhance the visual character of the City by encouraging the preservation of resources important in the City's past;

(d) To increase the economic benefits of historic preservation to the City and its inhabitants;

(e) To protect property values within the City;

(f) To identify as early as possible and resolve conflicts between the preservation of historical resources/districts and alternative land uses;

(g) To conserve valuable material and energy resources by ongoing use and maintenance of the existing built and natural environment; and

(h) To provide property owners with monetary and other incentives to ensure that individual property owners are encouraged to voluntarily participate in the preservation of their property and City.

Article 2

Definitions(Legislative History: Ordinance No. 2003-014, 11/17/03 (Section 4-26-200); Ordinance No. 2022-021, 12/5/22 (Section 4-26-200))

Alteration. "Alteration" means any change in the character, composition or structure of a historic resource requiring the issuance of a building permit.

Archaeological Resource. "Archaeological resource" means any sub-surface or above-ground material remains of past human life or activities that are at least 50 years of age, and may yield additional information about pre-history or history.

Building. "Building" means any structure used or intended for supporting or sheltering any use or occupancy.

California Historical Building Code (CHBC). "California Historical Building Code (CHBC)" means the most recent version of the California Building Code that regulates alterations to qualified historic structures. The Code provides alternative building regulations for the rehabilitation, preservation, restoration or relocation of qualified resources.

Certificate of Approval. "Certificate of approval" means an official certificate issued by the Planning Commission or City Council upon review and approval of any proposed action relating to a designated historic resource, including alteration, demolition or relocation, as pursuant to this Chapter.

Character-Defining Feature. "Character-defining feature" means the architectural features of a building, structure, object or historic district that help convey the significance of the historic resource.

City Landmark. "City landmark" means a building, structure, object, cultural landscape, site or archaeological site designated as a city landmark by the City Council, pursuant to the criteria and procedures set forth in this Chapter.

City Staff. "City staff" means city employees from any city department or agency, which may be called upon by the Planning Commission or Commission Secretary as deemed necessary.

Commission. "Commission" means the Planning Commission established and governed pursuant to the provisions of Article 10, Chapter 1-3 of this Code and Title 21 of the City of San Leandro Administrative Code.

Commission Secretary. "Commission secretary" means one staff member of the City Library- Services Department that serves the Planning Commission. This person shall call upon City Staff as deemed necessary to serve the Planning Commission.

Council. "Council" means the San Leandro City Council.

Cultural Landscape. "Cultural landscape" means a geographic area (including both cultural and natural resources) associated with a historic event, activity or person or exhibiting other cultural or aesthetic values.

Demolition. "Demolition" means for the purpose of this Chapter, any act or failure to act that destroys, destructs or removes in whole or in part a historical resource such that its historic character and significance is materially altered.

Historic District. "Historic district" means a geographically or thematically definable area possessing a significant concentration, linkage or continuity of sites, buildings, structures and/or objects united by past events or aesthetically by plan or physical development and designated by the City Council, pursuant to the procedures prescribed in this Chapter.

Historic District Contributor. "Historic district contributor" means an individual building, structure, object, cultural landscape, site or archaeological site that adds to the historic architectural qualities, or pre-historic or historic associations or patterns for which a historic district is significant.

Historic Resource. "Historic resource" means a designated city landmark, merit resource, historic district or historic district contributor including buildings, structures, objects, signs, features, sites, archaeological resources, cultural landscapes, places and areas within the City that reflect special elements of San Leandro's historical, architectural, archaeological, cultural or aesthetic heritage as defined in this Chapter.

Integrity. "Integrity" is the ability of a historic resource to convey its significance. To retain integrity, a historic resource must retain most of the following aspects that closely relate to the historic resource's significance including location, design, setting, materials, workmanship, feeling and association.

Maintenance. "Maintenance" means the process by which a property owner maintains or improves the condition of a historic resource.

Merit Resource. "Merit resource" means a building, structure, object, cultural landscape, site or archaeological site designated as a merit resource by the Planning Commission, pursuant to the criteria and procedures set forth in this Chapter.

Object. "Object" means a material thing of functional, aesthetic, cultural, educational, architectural, historical or scientific value that may be, by nature or design, moveable yet related to a specific setting or environment.

Relocation. "Relocation" means the removal and placement of a historic resource from its original site to a new site.

Secretary of The Interior's Standards for the Treatment of Historic Properties. "Secretary of the Interior's Standards for the Treatment of Historic Properties" means the standards and guidelines for the management of historic properties set forth by the National Park Service and the Secretary of the Interior for preserving, rehabilitating, restoring and reconstructing historic buildings, that are included in the Code of Federal Regulations as Title 36, Part 67, as amended.

Site. "Site" means the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined or vanished, where the location itself maintains historical or archaeological value regardless of the value of any existing structure.

Structure. "Structure" means a work composed of interdependent and interrelated parts in a definite pattern of organization that was constructed by man.

Article 3

Planning Commission(Legislative History: Ordinance No. 2003-014, 11/17/03 (Section 4-26-300); Ordinance No. 2022-021, 12/5/22 (Section 4-26-300))

The Planning Commission shall be the governing body of this Chapter and is intended to direct the identification, designation, protection, enhancement, perpetuation and use of historic resources within the City.

Article 4

Notice(Legislative History: Ordinance No. 2003-014, 11/17/03 (Section 4-26-400); Ordinance No. 2022-021, 12/5/22 (Section 4-26-400))

Items that are considered by or referred to the Planning Commission for a recommendation or action under the authority prescribed in this Chapter shall be noticed to the public in the following manner.

For any action pertaining to an existing or proposed City landmark, merit resource or historic district contributor, a notice of the Planning Commission meeting shall be mailed to the subject property owner(s) and to all property owners within 300 feet of the boundaries of the subject site at least 10 days prior to the meeting. An additional notice shall be posted on the subject site or within 300 feet of the subject site at least 10 days prior to the meeting, and such notice shall be viewable from the public right-of-way.

Article 5

Timeline of Decision(Legislative History: Ordinance No. 2003-014, 11/17/03 (Section 4-26-500); Ordinance No. 2022-021, 12/5/22 (Section 4-26-500))

The Planning Commission shall take final action on matters referred to the Commission pursuant to the provisions of this Chapter within 90 days of the date upon which the matter is first agendized for Commission consideration. An extension of up to 90 days may occur if the Commission and applicant agree that it is necessary.

Article 6

Recording Requirements(Legislative History: Ordinance No. 2003-014, 11/17/03 (Section 4-26-600))

All historic site designations in San Leandro shall be officially recorded with the property deeds at the Alameda County Recorder's Office. The recorded information on the property deed shall state:

The property identified as (insert street name and address) and Assessors Parcel Number (insert APN) was designated as a (insert designation category — City Landmark, Merit Resource, or Historic District Contributor) by the City of San Leandro (insert designating authority — Planning Commission or City Council) on (insert Month, Day, and Year). This historic resource is identified as site # (insert number i.e.; 1, 7, 15, etc.) on the City of San Leandro Historic Sites Register. As a designated historic resource in the City of San Leandro this property is subject to the rules and regulations set forth in the Historic Preservation Ordinance identified as Chapter 4-26 of the City of San Leandro Municipal Code.

Article 7

Criteria for Historic Resource Designation(Legislative History: Ordinance No. 2003-014, 11/17/03 (Sections 4-26-705—4-26-715))

A City landmark can be a building, structure, object, cultural landscape, site or archaeological site. In order to be designated as a City landmark, a resource must retain a high level of historic and architectural integrity and meet at least one of the following criteria for designation:

(a) The resource exemplifies and reflects special or exemplary elements of San Leandro's cultural, social, economic, political, aesthetic, engineering, architectural or natural history, or has important archaeological or anthropological associations;

(b) The resource is identified with persons or events significant in local, state, regional or national history;

(c) The resource embodies distinctive or exemplary characteristics of a style, type, period or method of construction, or is a valuable example of the use of local materials or craftsmanship;

(d) Represents the work of a notable builder, designer, engineer or architect recognized at the state, regional or national level; or

(e) The resource may yield important archaeological, ethnographic or anthropological information about the region's past.

A merit resource can be a building, structure, object, cultural landscape, site or archaeological site. In order to be designated as a merit resource, a property must retain integrity and meet at least one of the following criteria for designation:

(a) The resource reflects important elements of the City's cultural, social, economic, political, aesthetic, engineering, architectural or natural history;

(b) The resource is identified with persons or events significant in local history;

(c) The resource embodies important characteristics of a style, type, period or method of construction;

(d) The resource represents the work of a notable local builder, designer or architect; or

(e) The resource may yield important archaeological, ethnographic or anthropological information about the City's past.

HISTORIC DISTRICT CONTRIBUTOR.

A historic district contains multiple buildings, structures, objects, cultural landscapes, sites or archaeological sites within a clearly defined geographic or thematic boundary. In order to be designated as a historic district, the individual properties located within must retain a high degree of integrity and meet at least one of the following criteria for designation:

(a) The majority of the properties reflect significant geographical patterns, including those associated with different eras of settlement and growth or community planning;

(b) The majority of the properties convey a sense of historic or architectural cohesiveness through their design, setting, materials, workmanship or association;

(c) The area is associated with a historically significant period in the development of the community or is associated with special historical events;

(d) The majority of the properties embody distinctive characteristics of a style, type, period or method of construction, or are a valuable example of the use of indigenous materials or craftsmanship;

(e) The majority of the properties represent the work of notable builders, designers, engineers or architects; or

(f) The majority of archaeological sites yield or may yield important archaeological, ethnographic or anthropological information about the City's past, and the findings of each site are clearly associated with one another through a common context.

Article 8

Initiation of Historic Resource Designation(Legislative History: Ordinance No. 2003-014, 11/17/03 (Sections 4-26-805—4-26-815); Ordinance No. 2022-021, 12/5/22 (Sections 4-26-805, 4-26-815))

The City Council, Planning Commission, or any property owner as to their property may initiate the designation of a City landmark.

Any property owner as to their property may initiate the designation of a merit resource.

HISTORIC DISTRICT CONTRIBUTOR.

The City Council, Planning Commission or any property owner within the boundaries of a proposed historic district may initiate the designation of a historic district with a resident's petition signed by a minimum of 51% of property owners within the boundaries of the proposed historic district.

Any property owner as to their property may initiate the designation of a historic district contributor as part of a designated historic district.

Article 9

Procedures for Historic Resource Designation(Legislative History: Ordinance No. 2003-014, 11/17/03 (Sections 4-26-900—4-26-915); Ordinance No. 2022-021, 12/5/22 (Sections 4-26-900—4-26-915))

Individuals interested in obtaining historic site designation for a property shall submit to the Commission Secretary a completed application for property designation and a completed copy of the appropriate State of California Department of Parks and Recreation forms for the building, structure, object, landscape, site or archaeological site intended for designation. The forms will be used to document the historical, architectural or archaeological significance of said building, structure, object, landscape, site or archaeological site, such that the Commission can render an informed decision regarding the application for designation using the criteria for significance established in this Chapter.

The Commission Secretary shall review all submitted documentation regarding a property proposed for historic resource designation and may request additional information from the applicant(s) about the subject property before presenting the information to the Planning Commission.

The Planning Commission shall review the City landmark designation application and documentation forms at a regularly scheduled public meeting and provide a recommendation to the City Council regarding the designation of the property, pursuant to the criteria established in this Chapter. The City Council will act regarding the designation of a property.

Designation of a City landmark does not require owner consent.

The Planning Commission shall review the merit resource designation application and documentation forms at a regularly scheduled public meeting and act regarding the designation of the property, pursuant to the criteria established in this Chapter.

Designation of a merit resource requires owner consent.

HISTORIC DISTRICT CONTRIBUTOR.

The Planning Commission shall review the historic district or historic district contributor designation application at a regularly scheduled public meeting and provide a recommendation to the City Council regarding the designation of the historic district or historic district contributor, pursuant to the criteria established in this Chapter. The City Council will act regarding the designation of a historic district or historic district contributor.

Designation of a historic district requires the consent of a minimum of 51% of all property owners located within the boundaries of the historic district. In determining the boundaries of the historic district, the City Council will exclude property owners that have expressed a preference to opt out of the historic district.

Designation of a historic district contributor as part of a historic district requires owner consent.

Article 10

Procedures to Amend or Rescind Designation of a Historic Resource(Legislative History: Ordinance No. 2003-014, 11/17/03 (Sections 4-26-1000—4-26-1025); Ordinance No. 2022-021, 12/5/22 (Sections 4-26-1015—4-26-1025))

HISTORIC RESOURCE.

New information regarding the significance of a designated historic resource shall be submitted to the Commission Secretary.

Any individual may present additional information regarding a designated historic resource.

Requests to rescind the designation of a historic resource shall be submitted to the Commission Secretary.

The Commission Secretary shall make appropriate amendments to the historic record and provide a report to the Commission, with no Commission action necessary.

A property owner of a designated historic resource may request the designation be rescinded if:

(a) The resource has been lawfully altered or maintained in a manner such that it no longer
meets the criteria of designation or retains the integrity necessary for designation;

(b) Substantial new evidence indicates that the resource does not meet the applicable criteria;
or

(c) Evidence indicates that a hardship exists for the property owner due to historic resource
designation.

In addition to the criteria hereinbefore set forth, the Commission shall factor into a
rescission decision whether the property owner participated in a historic preservation
incentive program and/or benefited from the designation of said property.

The Planning Commission shall review the request and evidence presented by the property owner, and will provide recommendations to the City Council regarding a course of action.

The City Council may approve or deny the request to rescind a City landmark designation.

The Planning Commission shall review the request and evidence presented by the property owner, and may approve or deny the request to rescind a merit resource designation.

HISTORIC DISTRICT CONTRIBUTOR DESIGNATION.

The Planning Commission shall review the request and evidence presented by the property owner(s), and will provide recommendations to the City Council regarding a course of action.

The City Council may approve or deny the request to amend or rescind the designation of a historic district or historic district contributor.

Article 11

Exterior Alterations to a Designated Historic Resource(Legislative History: Ordinance No. 2003-014, 11/17/03 (Sections 4-26-1100—4-26-1115); Ordinance No. 2022-021, 12/5/22 (Sections 4-26-1100—4-26-1115))

RESOURCE.

No person shall alter the exterior of a designated historic resource unless a certificate of approval has been issued in accordance with this Chapter. Nothing in this Chapter shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature on any designated historic resource that does not involve a change in the character-defining features of the designated resource.

Proposed exterior alterations to a designated historic resource that would normally require a building permit are subject to review and approval by the Planning Commission based on compliance with "The Secretary of the Interior's Standards for the Treatment of Historic Properties," and any applicable design guidelines, conservation plans or specific neighborhood plans that may be adopted by the City.

Upon review of the proposed alteration by the Commission or Commission Secretary, the Planning Commission shall provide recommendations to the City Council on a course of action regarding the full approval, denial or approval with specified changes to the proposed alteration.

If, after a public hearing, the City Council finds that the project meets "The Secretary of

the Interior's Standards for the Treatment of Historic Properties," and any applicable design guidelines, conservation plans or specific neighborhood plans that may be adopted by the City, the Council shall issue a certificate of approval for the proposed alteration.

Upon review of the proposed alteration, the Commission Secretary may elect to issue a certificate of approval for said alterations without any action from the Commission, or submit said alterations for review and approval by the Planning Commission.

If, after a public hearing, the Planning Commission finds that the project meets "The Secretary

of the Interior's Standards for the Treatment of Historic Properties," and any applicable design guidelines, conservation plans or specific neighborhood plans that may be adopted by the City, the Commission shall issue a certificate of approval for the proposed alteration.

CONTRIBUTOR.

Upon review of the proposed alteration, the Commission Secretary may elect to issue a certificate of approval for said alterations without any action from the Commission, or submit said alterations for review and approval by the Planning Commission.

If, after a public hearing, the Planning Commission finds that the project meets "The Secretary

of the Interior's Standards for the Treatment of Historic Properties," and any applicable design guidelines, conservation plans, or specific neighborhood plans that may be adopted by the City, the Commission shall issue a certificate of approval for the proposed alteration.

Article 12

Demolition, Destruction or Removal of a Designated Historic Resource(Legislative History: Ordinance No. 2003-014, 11/17/03 (Section 4-26-1200); Ordinance No. 2022-021, 12/5/22 (Section 4-26-1200))

HISTORIC RESOURCE.

The Planning Commission may explore and recommend to the City Council alternatives to the demolition of designated historic resources, including, but not limited to, consultation with civic groups, public agencies and interested citizens; appropriate acquisition of the property by public or private bodies or agencies; and relocation possibilities.

No person shall initiate the demolition, destruction or removal of a designated historic resource without a certificate of approval issued by the City Council.

Requests for the demolition, destruction or removal of a designated City landmark, merit resource, historic district or historic district contributor shall be submitted to the Commission Secretary.

The Planning Commission shall review the request presented by the property owner at a regularly scheduled public hearing, and shall provide recommendations to the City Council regarding a course of action.

The City Council may approve or deny any request to demolish, destruct or remove a designated historic resource.

Article 13

Relocation of a Designated Historic Resource(Legislative History: Ordinance No. 2003-014, 11/17/03 (Sections 4-26-1300—4-26-1315); Ordinance No. 2022-021, 12/5/22 (Sections 4-26-1300—4-26-1315))

Relocating a designated historic resource may be an acceptable alternative to demolition if the City Council or Planning Commission can find that the relocation is compatible with the original character and use of the historic resource.

Requests for relocation of a designated historic resource shall be submitted to the Commission Secretary.

No designated historic resource shall be relocated without a certificate of approval issued by the City Council or Planning Commission.

The Planning Commission shall review the request for relocation at a regularly scheduled public meeting, and provide recommendations to the City Council regarding a course of action.

The City Council may approve, deny or approve the relocation request with specified changes.

The Planning Commission shall review the request for relocation at a regularly scheduled public meeting.

The Commission may approve, deny or approve the relocation request with specified changes.

CONTRIBUTOR.

The Planning Commission shall review the request for relocation at a regularly scheduled public meeting, and provide recommendations to the City Council regarding a course of action.

The City Council may approve, deny or approve the relocation request with specified changes.

Article 14

Project Referrals to The Planning Commission(Legislative History: Ordinance No. 2003-014, 11/17/03 (Sections 4-26-1400—4-26-1410); Ordinance No. 2022-021, 12/5/22 (Sections 4-26-1400—1410))

The Planning Commission shall have a 60 day period beginning from the date upon which the matter was first agendized for Commission consideration to review and make recommendations on any project referred to the Commission by the Board of Zoning Adjustments, Site Development Sub-Commission, Zoning Enforcement Official or Chief Building Official.

COMMISSION.

A proposed construction project that requires discretionary review and approval by the Planning Commission, Board of Zoning Adjustments, Site Development Sub-Commission or Zoning Enforcement Official, as defined in the Zoning Code, shall be referred by City staff to the Planning Commission for review and comment under the following circumstances:

(a) The construction project is located within 300 feet of a designated City landmark or historic district and could significantly affect the historic integrity of the subject resource; or

(b) The construction project involves a potentially significant historic resource that would be demolished, relocated or significantly altered, and said resource potentially meets the criteria for designation in Section 4-26-600.

COMMISSION.

A proposed construction project that requires discretionary review and approval by the Planning Commission, Board of Zoning Adjustments, Site Development Sub-Commission or Zoning Enforcement Official, as defined in the Zoning Code, may be referred by City staff to the Planning Commission for review and comment if it is located beyond 300 feet of a designated City landmark or historic district and could potentially impact the integrity of the resource.

A proposed demolition project that requires discretionary review by the Chief Building Official as defined in the City of San Leandro Building Code may be referred to the Planning Commission for review and comment.

Article 15

Duty to Keep in Good Repair(Legislative History: Ordinance No. 2003-014, 11/17/03 (Section 4-26-1500))

Building owners of designated historic resources shall keep in good repair all of the portions of such resources whose maintenance is necessary to prevent the deterioration and decay of the resource's characterdefining features.

Article 16

California Historical Building Code(Legislative History: Ordinance No. 2003-014, 11/17/03 (Section 4-26-1600))

The California Historical Building Code (CHBC) may be applied to all qualified buildings as defined in the CHBC.

Article 17

Unsafe Buildings or Structures(Legislative History: Ordinance No. 2003-014, 11/17/03 (Section 4-26-1700))

The provisions of this Chapter shall not be construed to regulate, restrict, limit or modify the authority of the Chief Building Official to issue permits for the demolition of a designated historic resource that has sustained damage from an earthquake, fire or other natural disaster and is structurally unsafe or determined dangerous to human life as defined in the Uniform Building Code (C.C.R. Title 24, §102).

In the event of damage sustained from an earthquake, fire or other natural disaster, the Chief Building Official shall consult with the Community Development Director for the purpose of determining the following:

(a) Whether the condition of the designated historic resource is considered unsafe or dangerous within the meaning of the Uniform Building Code;

(b) Whether there are any feasible alternatives to demolition of the historic resource that will protect adequately the health and safety of the public including, but not limited to, abatement of the immediate threat through repair, securing the premises through security fencing or other measures, stabilization and limited demolition; and

(c) Whether the unsafe or dangerous conditions could be corrected through the use of the California Historical Building Code.

If the Chief Building Official determines that the designated historic resource is unsafe or dangerous and that there are no feasible alternatives to demolition, the Community Development Director may authorize the Chief Building Official to issue a permit to demolish the designated historic resource.

Article 18

Hardship(Legislative History: Ordinance No. 2003-014, 11/17/03 (Section 4-26-1800); Ordinance No. 2022-021, 12/5/22 (Section 4-26-1800))

The Planning Commission shall develop guidelines for determining what factual circumstances shall constitute a hardship for purposes of this Chapter.

The Planning Commission or City Council may, at their discretion, approve a project proposal involving a designated historic resource that does not otherwise qualify for a certificate of approval. The Planning Commission or Council must find that failure to issue a certificate of approval will result in immediate and substantial hardship.

The decision-making body that would normally review and act upon a certificate of approval request for a designated historic resource shall also review and act upon all requests for a hardship exception for that resource.

Article 19

Historic Preservation Incentives(Legislative History: Ordinance No. 2003-014, 11/17/03 (Section 4-26-1900); Ordinance No. 2022-021, 12/5/22 (Section 4-26-1900))

The Planning Division of the Community Development Department may develop and maintain an incentive program, to be approved by the City Council, that will be available to property owners of designated historic properties to encourage historic preservation, and investment, improvement and maintenance of historic properties.

Article 20

Expiration of approval(Legislative History: Ordinance No. 2003-014, 11/17/03 (Section 4-26-2000))

A certificate of approval is valid for one year from the date of final decision unless either of the following occurs:

(a) The building permit has been issued and substantial work has begun; or

(b) The original approving body has approved an extension.

Article 21

Appeals of Actions Regarding Historic Resources(Legislative History: Ordinance No. 2003-014, 11/17/03 (Section 4-26-2100); Ordinance No. 2011-006, 4/4/11 (Section 4-26-2100); Ordinance No. 2022-021, 12/5/22 (Section 4-26-2100))

Decisions of the Planning Commission Secretary, who shall be the Community Development Director or their designee, may be appealed to the Planning Commission. Such appeals shall be filed with the Community Development Director within 15 days of the date of the decision.

Decisions of the Planning Commission may be appealed to the City Council. Such appeals shall be filed with the City Clerk within 15 days of the date of the decision.

An appeal shall be scheduled before the appellate body for a decision within 45 days of the City's receipt of the appeal, unless both applicant and appellant consent to a later date.

Appealed items shall be noticed in a manner required for the item being appealed as prescribed in Section 4-26-400.

Any proposal regarding a designated historic resource, or potentially eligible historic resource that is denied by the Planning Commission, the Commission Secretary or the City Council may be presented for a new decision after:

(a) New information is presented regarding the resource;

(b) The proposed project has changed significantly from that originally presented; or

(c) Two years have passed since the original presentation date.