Article 13-15

DESIGNATION OF A HERITAGE RESOURCE Sections:

The Heritage Preservation Commission may recommend to the City Council designation of a proposal as a historic landmark, heritage lane or historic district if it satisfies any two or more of the criteria listed below and also retains a substantial degree of architectural and structural integrity with respect to the original design, as determined by the Heritage Preservation Commission. The Heritage Preservation Commission may place a property satisfying any one or more of the criteria listed below on the Heritage Resource Inventory in accordance with the procedures in this Code.

(a) It exemplifies or reflects special elements of the cultural, social, economic, political, aesthetic, engineering or architectural history of the City, the County, the State or the nation; or

(b) It is identified with persons or events significant in local, county, state or national history; or

(c) Itembodiesdistinctivecharacteristicsof astyle, type, period or method of construction, or is a valuable example of the use of indigenous materials; or

(d) It is representative of the notable design or craft of a builder, designer, or architect; or

(e) It embodies or contributes to unique physical characteristics representing an established and familiar visual feature of a neighborhood or district within the City; or

(f) It represents a significant concentration or continuity of site, buildings, structures or objects, unified by past events or aesthetically by plan or physical or natural development; or

(g) It embodies or contributes to a unique natural setting or environment constituting a distinct area or

district within the City having special character or specialhistorical,architecturaloraestheticinterestorvalue. (Ord. No. 393, § 1(Att. 1), 12-7-2022)

(a) Applications for designation as a historic landmark, heritage lane or historic district, or for inclusion on the Heritage Resource Inventory may be submitted to the Heritage Preservation Commission by any of the following:

(1) The owner or owners of a building, improvement, structure, natural feature, site or area of land, requesting such designation or inclusion of their property as a historic landmark;

(2) The owners of at least sixty percent of the frontage of all recorded lots abutting a public right-ofway, requesting designation as a heritage lane; or

(3) The owners of at least sixty percent of the area of all recorded lots within a specific geographic section of the City, requesting designation of the entire section as a historic district.

(b) The City Council or the Planning Commission may also, by resolution or motion, refer a proposed designation or inclusion to the Heritage Commission for its recommendation and the Heritage Commission may consider a proposed designation or inclusion upon its own initiative.

(Ord. No. 393, § 1(Att. 1), 12-7-2022)

The Heritage Preservation Commission shall conduct a study of the proposed designation or inclusion, based upon such information or documentation as it may require from the applicant, the Commission staff, or from other available sources. Public hearings shall not be required, but the Commission may, in its discretion, receive written or verbal comments from any persons having an interest in the proposal or any information relevant thereto.

(Ord. No. 393, § 1(Att. 1), 12-7-2022)

(a) In the event designation of a historic landmark, heritage lane or historic district is proposed by the City Council or Planning Commission or considered by the Heritage Preservation Commission upon its own initiative, and in the further event the Heritage Preservation Commission, as a result of its study of the proposal, determines that the proposal should be rec-

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ommended to the City Council for designation, the Heritage Preservation Commission shall mail written notice of its intended recommendation to each person whose name appears on the latest available tax roll of the County as owning the property, or any portion thereof, which is the subject of the proposed designation. Such written notice shall contain a complete description of the proposed designation and shall advise the property owners that written objections to the proposal may be filed with the Heritage Commission within forty-five days from the date of the notice.

(b) If objections are filed by the owner of any property proposed to be designated as a historic landmark or by the owners of at least forty-one percent of the frontage of all recorded lots abutting a proposed heritage lane, or by the owners of at least forty-one percent of the area of all recorded lots within a proposed historic district, the Heritage Preservation Commission shall discontinue any further consideration of the proposal. Such proposal may not again be considered for designation for at least twelve months after the date of mailing the notice to the property owners unless, prior to the expiration of such twelve-month period:

(1) The owner or owners of a proposed historic landmark withdraw their objection; or

(2) A sufficient number of owners of recorded lots abutting a proposed heritage lane or recorded lots within a proposed historic district withdraw their objections so as to reduce the total percentage of objectors to less than forty-one percent; or

(3) In the case of a proposed heritage lane or historic district, the Heritage Preservation Commission decides to modify the proposal by reducing the size or boundaries thereof so as to reduce the total percentage of objectors to less than forty-one percent.

(c) In the event inclusion on the Heritage Resource Inventory is proposed by the City Council or Planning Commission or considered by the Heritage Preservation Commission upon its own initiative, and in the further event the Heritage Preservation Commission, as a result of its study of the proposal, determines that the proposed property should be included in the Heritage Resource Inventory, the Heritage Preservation Commission shall mail written notice of its intent to each person whose name appears on the latest available tax roll of the County as owning the property, or any portion thereof, which is proposed to be included

Preservation Commission, as a result of its study of the proposal, determines that the proposed property should be included in the Heritage Resource Inventory, the Heritage Preservation Commission shall mail written notice of its intent to each person whose name appears on the latest available tax roll of the County as owning the property, or any portion thereof, which is proposed to be included

in the Heritage Resource Inventory. Such written notice shall contain a complete description of the proposed action and shall advise the property owner(s) that written consent to the proposed action is required. If consent is not received the property shall not be included on the Heritage Resource Inventory and the property shall not again be considered for inclusion for at least twelve months after the date of mailing the notice to the property owner(s) unless, prior to the expiration of such twelve-month period the owner(s) withdraw the objection. If consent is received the property shall be included on the Heritage Resource Inventory. (Ord. No. 393, § 1(Att. 1), 12-7-2022)

Provided the Heritage Preservation Commission is not required to discontinue consideration of a designation proposal by reason of objections raised pursuant to Section 13-15.040, the Heritage Preservation Commission shall render a written report within a reasonable time accompanied by all of the information and documentation reviewed by the Heritage Preservation Commission. The report shall either recommend the designation as originally proposed, recommend a modified designation or recommend that the proposed designation be rejected. The report shall set forth in detail the reasons for the Heritage Preservation Commission's decision and the information and documentation relied upon in support thereof. A copy of the report shall be sent to the property owner or owners. (Ord. No. 393, § 1(Att. 1), 12-7-2022)

(a) The report and recommendations of the Heritage Preservation Commission on a proposed historic landmark, together with the information and documentation pertaining thereto, shall be forwarded to the City Council. The City Council shall consider the report at its next available regular meeting and determine whether or not to accept the Heritage Preservation Commission's recommendations. The City Council shall by ordinance either approve the proposed historic landmark designation, in whole or in part or as modified, or shall by motion disapprove the proposal in its entirety.

(b) Until final action has been taken by the City Council on the proposed designation as a historic landmark, no building, alteration, grading, demolition or tree removal permit shall be issued for any work to be

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formed upon or within the property which is the subject of the proposed designation, unless approved by the Heritage Preservation Commission or the City Council. This restriction shall become effective as of the time the application for designation is filed, or upon the expiration of time for filing objections in response to the notice given pursuant to Subsection 13-15.040(a) of this Article, as the case may be.

(c) In the event a designating ordinance designating a historic landmark is adopted by the City Council, such ordinance shall become effective thirty days following adoption thereof and the designated property shall thereafter be subject to the regulations set forth in this Chapter and such further restrictions or controls as may be specified in the designating ordinance.

(d) Adoption of a designating ordinance shall be based upon a finding by the City Council that the designated property has special historical, cultural, archeological, scientific, architectural or aesthetic interest or value as part of the heritage or history of the City, the County, the State or the nation, and satisfies two or more of the criteria set forth in Section 1315.010.

(Ord. No. 393, § 1(Att. 1), 12-7-2022)

(a) Report to Planning Commission. The report and recommendations of the Heritage Preservation Commission on a proposed heritage lane or historic district, together with the information and documentation pertaining thereto, shall be forwarded to the Planning Commission.

(b) Public hearing; notice. The Planning Commission shall conduct a public hearing on the proposed designation within sixty days after receipt of the Heritage Preservation Commission's report. Notice of the public hearing shall be given in the manner provided in Section 13-15.080.

(c) Actions of Planning Commission. The Planning Commission shall either recommend approval of the designation as originally proposed, or approval of the designation as modified by the Heritage Preservation Commission or the Planning Commission or both, or recommend that the proposed designation be rejected. If the Planning Commission recommends approval or modified approval of the designation, it shall instruct the Commission staff to prepare and shall approve a proposed form of ordinance for adoption by

the City Council designating the heritage lane or historic district and establishing a zoning overlay for such lane or district. The proposed ordinance may include such regulations or controls over the designated property as the Planning Commission deems reasonably necessary for the conservation, enhancement and preservation thereof.

(d) Transmittal of documents to City Council. The recommendations of the Planning Commission, together with the report and recommendations of the Heritage Preservation Commission and the information and documentation pertaining thereto, and the proposed ordinance, if any, shall be transmitted to the City Council and considered at its next available regular meeting.

(e) Actions of City Council. If the City Council determines that the proposed heritage lane or historic district should be considered for designation as such, it shall adopt a resolution initiating final designation proceedings. Such resolution shall schedule a public hearing on the proposed designation to be conducted within sixty days. Notice of the public hearing shall be given in the manner provided in Section 13-15.080. The resolution may further provide that during the pendency of the final designation proceedings, no building, alteration, grading, demolition or tree removal permit shall be issued for any work to be performed upon or within the property, which is the subject of the proposed designation, or may be issued only upon specified conditions or under specified circumstances.

(f) Adoption or disapproval. At the conclusion of the public hearing or a time no later than sixty days from the date set in the resolution for the initial public hearing, the City Council shall either adopt an ordinance designating the heritage lane or historic district, in whole or in part, or as modified, or shall by motion disapprove the proposal in its entirety.

(g) Effective date. In the event a designating ordinance is adopted by the City Council, such ordinance shall become effective thirty days following adoption thereof and the designated property shall thereafter be subject to the regulations set forth in this Chapter and such further regulations or controls as may be specified in the designating ordinance.

(h) Findings and criteria for adoption of ordinance. Adoption of a designating ordinance shall be based upon a finding by the City Council that the designated property has special historical, cultural, archeological,

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scientific, architectural or aesthetic interest or value as part of the heritage or history of the City, the County, the State or the nation, and satisfies two or more of the criteria set forth in Section 13-15.010. (Ord. No. 393, § 1(Att. 1), 12-7-2022)

(a) Notice of the time, place and purpose of public hearings conducted by the City Council and the Planning Commission pursuant to this Chapter shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing such notice as follows:

(1) In the case of a proposed heritage lane, notice shall be sent to all persons whose names appear on the latest available tax roll of the County as owning any property abutting the proposed heritage lane. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing.

(2) In the case of a proposed historic district, notice shall be mailed to all persons shown on the latest available tax roll of the County as owning any property within the boundaries of the proposed district. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing.

(b) Failure to send any notice by mail to any property owner whose name and address is not a matter of public record shall not invalidate any proceedings in connectionwithaproposeddesignation.TheCityCouncil or Planning Commission may, but shall not be obligated, to give such other notices as they deem appropriate or desirable.

(a) Following adoption by the City Council of an ordinance designating a historic landmark, heritage lane or historic district, the Commission staff shall send notice of the designation, together with a copy of the ordinance, to the owner or owners of the designated historic landmark, or the owners of all property abutting a designated heritage lane, or the owners of all property within a designated historic district. The notice shall inform such owners that the designated property will be added to the Heritage Resource Inventory and may be eligible for certain privileges and benefits under local, state or federal law. The notice shall in-

clude a statement of the regulations and restrictions upon the designated property. The Commission staff shall also send notice of the designation to:

• (1) The Heritage Preservation Commission.

• (2) The Planning Commission.

• (3) Any agency or department of the City request-

• ing such notice or affected by the designation.

  • (4) The Saratoga Historical Foundation.

• (5) The Santa Clara County Historical Heritage

• Commission.

• (6) The California State Historic Preservation Of-

• ficer.

  • (7) The Saratoga News.

(b) Notice of the designation and the complete legal description of the designated property shall be recorded in the office of the Recorder for the County. (Ord. No. 393, § 1(Att. 1), 12-7-2022)

(a) The owner or owners of a designated historic landmark or other property included on the Heritage Resource Inventory, or the owners of not less than sixty percent of the frontage of all recorded lots abutting a designated heritage lane, or the owners of not less than sixty percent of the area of all recorded lots within a designated historic district, may apply to the Heritage Preservation Commission for termination of the designation and/or inclusion in the Heritage Resource Inventory. The application shall contain a detailed description of all facts and circumstances relied upon by the applicant as reasons for termination.

(b) The same procedures, notices and hearings shall apply to the termination proceedings as set forth in Section 13-15.030 and Sections 13-15.050 through 13-15.080 of this Article.

(c) A designation may be terminated only upon a finding by the City Council that as a result of change in circumstances, the designation is no longer consistent with the purposes and objectives of this Chapter and no longer satisfies any of the criteria set forth in Section 13-15.010.

(d) Upon termination of a designation, notices shall be sent to the same persons, commissions and agencies as set forth in Section 13-15.090, and a notice of termination shall also be recorded in the office of the Recorder for the County.

(Ord. No. 393, § 1(Att. 1), 12-7-2022)

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