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HomeMy WebLinkAboutOrd 1937ORDINANCE NO. 1937 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, AMENDING TITLE 21 — HISTORIC RESOURCE PRESERVATION OF THE BURLINGAME MUNICIPAL CODE BY ADDING PROVISIONS DEFINING "ADAPTIVE RE -USE" AND OUTLING PROCEDURES FOR GRANTING APPROVAL OF A CONDITIONAL USE PERMIT FOR ADAPTIVE REUSE OF HISTORIC RESOURCES WITHIN THE CITY OF BURLINGAME The City Council of the City of Burlingame hereby ordains as follows: Division 1. Factual Background WHEREAS, on June 16, 2014 the City Council adopted Ordinance 1899 adding Title 21 — Historic Resource Preservation to the Burlingame Municipal Code. As adopted, the ordinance establishes an historic preservation program applicable to any property deemed historic (with consent of the property owner) within the geographic area of the City covered by the Burlingame Downtown Specific Plan; and WHEREAS, once designated as historic resources, properties listed on the local, State or Federal register of historic properties are eligible for the following incentives: Mills Act Contract, Federal Historic Preservation Tax Incentives, Use of the California Historic Building Code, Historic Variances, and Fee Reduction; and WHEREAS, to date, no property owners have come forward to voluntarily request designation of their property as an historic resource, nor have any of the existing incentives for historic properties been utilized; and WHEREAS, it is frequently the case with historic resources that the purpose for which a structure was initially built may not be one that is appropriate or desirable in the present contemporary setting based upon current zoning regulations (e.g. a warehouse situated within what is now an pedestrian -oriented commercial area); and WHEREAS, "Adaptive Reuse" of historic resources is an accepted means of repurposing such a property for different uses or functions than those for which it was originally designed while retaining the original historic features of the resource; and WHEREAS, on November 14, 2016, the Burlingame Planning Commission considered an amendment to Title 21 — Historic Resource Preservation of the Burlingame Municipal Code that adds "Adaptive Reuse' as an incentive for preservation of historic resources, and outlines the procedure (Conditional Use Permit) for property owners to seek approval of adaptive reuse of their historic resource. Following a duly noticed public hearing on that date, and after considering all oral and written public testimony regarding the proposed amendment, the Commission moved to recommend that the City Council adopt the proposed amendment; and 1 ORDINANCE NO. 1937 WHEREAS, on January 3, 2017, the Burlingame City Council introduced the proposed ordinance amending Title 21 — Historic Resource Preservation by title only, waiving further reading, and conducted a duly noticed public hearing; considered the Planning Commission's recommendation, and all written and oral testimony from the public regarding the proposed amendment and, following conclusion of the public hearing, directed that the proposed ordinance be placed on the January 17, 2017 City Council agenda for adoption. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS FOLLOWS: Division 2. The Burlingame Municipal Code, Title 21 — Historic Resource Preservation is amended as follows: Section 21.04.020 Definitions shall be amended to read as follows: (a) 'Adaptive Reuse" means repurposing a designated historic resource for different uses or functions than those for which it was originally designed while retaining the original historic features of the resource. (b) "Alteration" means any change or modification, through public or private action, to the character -defining or significant exterior physical features of properties affected by this title. Such changes may be changes to or modification of structure, architectural details, or visual characteristics, grading, surface paving, the addition of new structures, and the placement or removal of any significant objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings, and landscape accessories affecting the significant visual and/or historical qualities of the property. (c) "Demolition" means any act or process that destroys in part or in whole an historic resource. (d) "Designated Historic Resource" means a parcel or part thereof on which an historic resource is situated and any abutting parcel or part thereof constituting part of the premises on which the historic resource is situated, and which has been designated an historic resource in the Burlingame Historic Register, California Register of Historic Places and/or National Register of Historic Places. (e) "Historic Resource" means improvements, buildings, structures, signs, or other objects of scientific, aesthetic, educational, cultural, architectural, or historical significance to the owner, citizens of the City and the State of California, the Bay Area region, or the nation which may be eligible for local designation for historic preservation by the City pursuant to the provisions of this title. An historic resource is either included in the Register or may be added in accordance with Section 21.04.080. 2 ORDINANCE NO. 1937 (f) "Improvement" means any building, structure, , fence, gate, landscaping, tree, wall, parking facility, work of art, or other object constituting a physical feature of real property, or any part of such feature. (g) "Inventory" refers to the October 6, 2008 Inventory of Historic Resources — Burlingame Downtown Specific Plan which identifies resources in the City which may be considered historical. Owners of property which were included in the Inventory are eligible to apply to be included on the Burlingame Historic Register. (h) "Ordinary Maintenance and Repair" means any work, for which a building permit is not required by law, where the purpose and effect of such work is to correct any deterioration of or damage to a structure or any part thereof and to restore the same to its condition prior to the occurrence of such deterioration or damage. (i) "Preservation" means the identification, study, protection, restoration, or acquisition of historic resources. Q) "Register" refers to the Burlingame Historic Register. Inclusion on the Register results from submittal of an application to the Community Development Department by the property owner, with exception of the two structures and one tree grove in the City which are listed on the California Register of Historic Places and/or National Register of Historic Places, as referenced in Section 21.40.040 of this Title. (k) "Secretary of the Interior Standards for Rehabilitation" means the standards promulgated by the National Park Service that provide guidance for the preservation, rehabilitation, restoration and reconstruction of historic properties. (1) "Significant Feature" means the natural or man-made elements embodying style or type of historic resource, design, or general arrangement and components of an improvement, including but not limited to, the kind, color, and texture of the building materials, and the type and style of all windows, doors, lights, signs, and other fixtures appurtenant to such improvement. 21.04.120 Preservation Incentives shall be amended to read as follows: (a) The Commission is authorized to develop and implement preservation incentive programs that are consistent with this Chapter. Incentives shall be made available for properties listed on the Register that undergo maintenance or alteration consistent with the Secretary of the Interior Standards for Rehabilitation. (1) State Historic Building Code. The Building Official is authorized to use and shall use the California State Historic Building Code (SHBC) for projects involving designated historic resources. The SHBC provides alternative building regulations for the rehabilitation, preservation, restoration, or relocation of 3 ORDINANCE NO. 1937 structures designated as historic resources. The SHBC shall be used for any designated historic resource in the City's building permit procedure. (2) Fee Reduction. Any permit fees for minor or major exterior modifications to historic resources done in accordance with the Secretary of the Interior Standards for Rehabilitation shall be reduced by 25% provided that the work is consistent with the historic criteria under which the property was designated an historic resource. (3) Development Standard Flexibility. (A) Parking Standards. i. Additional floor area may be added to existing single-family residences that are nonconforming due to substandard parking without providing parking according to current standards, provided that the aggregate of all additional floor area constructed following the date of designation of the structure as a historic resource does not exceed 50% of the floor area existing as of the date of designation as a resource. For multiple -family developed properties, adding units in accordance with existing zoning standards shall not require the property owner to bring existing nonconforming parking into compliance with current parking requirements, though code -required parking shall be provided for any new units created. ii. Designated historic commercial structures may add up to an aggregate of 15 percent of the existing floor area as of the date of designation of the property as a historic resource, not to exceed 500 square feet, without providing additional parking and without bringing any existing nonconformity into compliance with the current zoning regulations, subject to review and approval by the Commission. The addition must be removed or otherwise approved under governing procedures if the historic building is demolished. (B) Historic Variances. i. Owners of designated properties may apply for variances from development standards applicable to the property in instances where the deviation from the standard is warranted in order to preserve the historic character of the property. The property's status as a designated historic resource may be used as a basis for determining whether the property owner is denied privileges 0 ORDINANCE NO. 1937 enjoyed by other property owners in the vicinity and within the same zoning district. The procedure for requesting approval of an historic variance shall be the same as that required for other forms of variances, as specified in Title 25 of the Burlingame Municipal Code (Zoning Ordinance). (4) Adaptive Reuse. Owners of designated properties may apply for a conditional use permit for any use that is not ordinarily permitted, or conditionally permitted, within the zoning district in which the designated resource is situated, pursuant to the purpose, findings and conditions expressed in Chapter 25.52 Conditional Use Permits of Title 25 of the Burlingame Municipal Code (Zoning Ordinance), and the following additional findings: (A) Use of the property for a purpose other than that for which it was originally designed, and in a manner that would not normally be permitted within the zoning district in which the resource is situated, is necessary in order to enhance the economic viability of retaining the resource and its notable characteristics in a manner that ensures the continued maintenance of the resource; and (B) Any alterations to the resource that are necessary to accommodate the adaptive re -use of the resource shall be designed and completed in a manner consistent with the Secretary of Interior Standards for Rehabilitation, and shall be subject to any discretionary approvals required pursuant to Title 25 of the Burlingame Municipal Code (Zoning Ordinance). (5) Mills Act Contracts. (A) Mills Act contracts granting property tax relief shall be made available by the City of Burlingame only to owners of properties listed in the Burlingame Historic Resources Register, as well as properties located within the City of Burlingame that are listed in the National Register of Historic Places and/or the California Register of Historical Places. Properties that have been previously listed on the above-mentioned register(s), but that have been removed from the register(s) and are no longer listed, shall not be eligible for a Mills Act contract with the City. (B) Mills Act contracts shall be made available pursuant to California law. The Community Development Department shall make available appropriate Mills Act application materials. The Mills Act application may be processed concurrently with the Historic Resource Application. 5 ORDINANCE NO. 1937 (C) Mills Act contract applications shall be made to the Community Development Director or his/her designee, who shall within 30 days of receipt of a completed application, prepare and make recommendations on the contents of the contract for consideration by the City Council. A fee for the application will be required consistent the City's adopted fee schedule, to cover all or portions of the costs of the preparation of the contract or an amount set by City Council Resolution may be charged. (D) The City Council shall, in public hearing, resolve to approve, approve with conditions, or deny the proposed contract. Failure to pass a motion approving the application shall be deemed a denial. Should the City Council fail to act on the proposed contract within one year of its receipt of the proposal, the proposal shall be deemed denied. (E) A Mills Act contract application that has failed to be approved by the City Council cannot be resubmitted for one year from the date of City Council action, or where the Council fails to take action, within one year from the date that the application is deemed denied pursuant to (4) above. (6) Preservation Easements. Preservation easements on the facades of buildings designated as an historic resource may be acquired by the City or nonprofit group through purchase, donation, or documentation pursuant to California Civil Code 815. (7) Official Recognition/Awards. The Commission, on an annual basis, may recognize those projects involving designated historic resources that have demonstrated a high level of commitment to maintaining or restoring the historic integrity of the resource. The Community Development Department may nominate all projects implemented within a calendar year for award consideration by the Commission. Division 3. This ordinance, or a summary as applicable shall be published as required by law and shall become effective 30 -days thereafter. 77 //-�11 , Ricardo Ortiz; L ORDINANCE NO. 1937 I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 3rd day of January 2017, and adopted thereafter at a regular meeting of the City Council held on the 17th day of January 2017, by the following vote: AYES: NOES: ABSENT COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, KEIGHRAN, ORTIZ COUNCILMEMBERS:NONE COUNCILMEMBERS: NONE 7