Loading...
HomeMy WebLinkAboutOrd 1899.-. .-. , WK00111 0 1441. . HISTORIC City Council of the City of Burlingame hereby ordains as follows: Division 1. Factual Background WHEREAS, on October 4, 2010, the City Council adopted. the Burlingame Downtown Specific Plan. Chapter 6 of the Plan provides policy direction and support for the establishment of a local historic resource preservation program applicable to properties lying within the geographic area covered by the Plan; and WHEREAS, at its March 1, 2013 annual joint meeting with the Planning Commission, the City Council directed staff to prepare an ordinance establishing a local historic preservation program for the City of Burlingame that would provide the opportunity for property owners within the area covered by the Burlingame Downtown Specific Plan to voluntarily seek designation of their properties as historic resources as a means of gaining access to financial and other incentives available to designated historic resources; and WHEREAS, at its regular meeting of May 12, 2014 the Burlingame Planning Commission conducted a duly noticed public hearing to consider a proposed amendment to the Burlingame Municipal Code adding Title 21 — Historic Resource Preservation to the code establishing a local historic preservation program for properties lying within the area covered by the Burlingame Downtown Specific Plan within the City of Burlingame; and WHEREAS, after considering all written and oral testimony presented at the May 12, 2014 public hearing regarding proposed Title 21 — Historic Resource Preservation, the Planning Commission voted unanimously to recommend to the City Council, adoption of an ordinance amending the Burlingame Municipal Code by adding Title 21; and WHEREAS, at its regular meeting of June 2, 2014 the Burlingame City Council conducted a duly noticed public hearing to consider the Planning Commission's recommendation to amend the Municipal Code by adding Title 21 — Historic Resource Preservation, and following conclusion of the public hearing and consideration of all written and oral testimony provided during the hearing, introduced, by title only, waiving further reading, "An Ordinance of the City Council of the City of Burlingame Amending the Burlingame Municipal Code by Adding Title 21 — Historic Resource Preservation". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS FOLLOWS: Division 2. The Burlingame Municipal Code is hereby amended to add Title 21 —Historic Resource Preservation as reflected in Exhibit A attached hereto. 1 .-. Division 3. This ordinance, or a summary as applicable, shall be published as required by law and shall become effective 30 -days thereafter. I, Mary Ellen Kearney, 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 2nd day of June, 2014, and adopted thereafter at a regular meeting of the City Council held on the 16th day of June, 2014, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: BROWNRIGG COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE y Mary Ellen Kearney, City Clerk DEAL, KEIGHRAN, NAGEL, ORTIZ �MulMIlr 21. 04.010 Historic Resources -Purpose. A key defining element of Downtown Burlingame is the variety and character of its buildings. They include a range of periods and styles, providing a setting that is unique among area downtown districts. The notion that older buildings or districts can have meaning for cities has been proven in cohesive historic neighborhoods, in renewed commercial districts and in the conservation of landmark structures. The renovation and adaptive reuse of these historic buildings is often a benefit to the community as a whole and the owners of surrounding properties. Authority for local governments to establish local historic preservation programs is granted in California Government Code §37361(b). The purpose of this title is to implement the policies contained in Chapter 6.0 — Historic Preservation of the Burlingame Downtown Specific Plan (adopted October 4, 2010) through a voluntary program that provides property owners with fiscal benefits or zoning and code incentives to preserve historic properties in the Downtown area. 21.04.020 Definitions. The following definitions shall apply to the language contained in this Section: (a) `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. (b) "Demolition" means any act or process that destroys in part or in whole an historic resource. (c) "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. (d) "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. (e) "Improvementmeans 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. (f) "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. (g) "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. (h) "Preservation" means the identification, study, protection, restoration, or acquisition of historic resources. (i) "Register" refers to the Burlinqame 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. (j) "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. (k) "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. 21.04.030 Applicability. The City of Burlingame's Historic Resource Preservation Program shall apply only to the geographic area covered by the Burlinqame Downtown Specific Plan, as shown on the following map: 2 :u 3111ra f Downtown Specific Plan Area ° u ' � r.. r �r •\\\\ CAJ 199 VO \, I 21.04.040 City of Burlingame Historic Architectural Resources Inventory. The October 6, 2008 Inventory of Historic Resources — Burlingame Downtown Specific Plan (Inventory) identifies resources in the City which may be considered historical for purposes of this title. The Inventory was developed based on the National Register of Historic Places Guidelines for determining historical resources. Meeting criteria `j and at least two of other criteria were utilized to determine the significance of a property. The criteria utilized in developing the Inventory are detailed below: (a) Buildings, structures, or places that are important key focal or pivotal points in the visual quality or character of an area, neighborhood, or survey district. (b) Structures that help retain the characteristics of the town that was 50 years ago. (c) Structures that contribute to the unique urban quality of a downtown. (d) Structures contributing to the architectural continuity of the street. (e) Structures that are identified with a person or person who significantly contributed to the culture and/or development of the city, state, or nation. (f) Structures that represent an architectural type or period and/or represent the design work of known architects, draftsmen, or builders whose efforts have significantly influenced the heritage of the city, state, or nation. (g) Structures that illustrate the development of California locally and regionally. Mal 1:1111911 (h) Buildings retaining the original integrity of and/or illustrating a given period. (i) Structures unique in design or detail, such as, but not limited to, materials, windows, landscaping, plaster finishes, and architectural innovation. Q) Structures that are at least 50 years old or properties that have achieved significance within the past 50 years if they are of exceptional importance. The inventory identified two properties that are already included on the California Register of Historic Places; the Burlingame Railroad Station located at 290 California Drive and the Severn Lodge Dairy wallscape located at 220 California Drive. Additionally, the Burlingame Railroad Station and the Howard -Ralston Eucalyptus Tree Rows flanking EI Camino Real as it traverses the City, appear on the National Register of Historic Places. Resources are not subject to any provisions of this Section as result of being included in the Inventory. The intent of the Inventory is only to identify resources which are eligible for inclusion n the City's Register. Resources are included in the Register only upon request of the property owner. Properties identified in the Inventory shall not be prejudiced in any form as result of being included in the Inventory. 21.04.050 City of Burlingame Historic Register. (a) A structure or resource becomes locally designated and included in the Burlingame Historic Resources Register only as result of the property owner submitting a Historical Preservation Application to the Community Development Department and having it approved by the Planning Commission. Procedures for applying for designation are defined in Section 21.04.080(a) of this chapter. (b) Any properties that are presently included on the California Register of Historic Places and/or the National Register of Historic Places shall automatically be included on the City of Burlingame's local register. (c) Requests to delete a designated historic resource from the Register shall be submitted in writing to the Community Development Director and shall be processed as provided in Section 21.04.080(b). The Community Development Director shall report the removal of resources from the Register to the Planning Commission and to the Burlingame City Council. (d) The Community Development Director shall periodically propose and process for deletion from the Burlingame Register those designated historic resources which have been lawfully removed, demolished or disturbed to such an extent that, in the Community Development Director's opinion, they no longer qualify for placement on the Register. (e) The Register shall be maintained by the Community Development Director or his/her designee. (f) Owners who place their historical resources) on the Register are eligible for incentives detailed in Section 21.04.120. 21.04.060 City of Burlingame Historic Preservation Commission. (a) The members of the City of Burlingame Planning Commission shall act as the Historic Preservation Commission, hereinafter referred to as the "Commission". (b) A quorum of the Commission shall be defined as four voting members. A majority of the voting members, exclusive of absences and recusals, on any item shall be required to carry a motion. (c) Powers and Duties. The Commission shall have the following powers and duties: (1) Adopt procedural rules for the conduct of its business in accordance with the provisions of this chapter. (2) Recommend in accordance with the criteria set forth in Section 21.04.040 the designation of historic resources including historic districts, landmark sites, and landmarks within the City including all information required for each designation. (3) Maintain a local register of historic resources consistent with the National Register of Historic Places criteria including historic districts, landmark sites, and landmarks within the City including all information required for each designation. (4) Adopt prescriptive standards to be used by the Commission in reviewing applications for permits to construct, change, alter, modify, remodel, remove, or significantly affect any historic resource. (5) Make recommendations to the City Council on the use of various federal, state, local, or private funding sources and mechanisms, such as the Mills Act and State Historic Building Code, available to promote historic resource preservation in the City. (6) Approve or disapprove, in whole or in part, or approve with conditions, applications for permits pursuant to Section 21.04.100 (Exterior Alteration of Designated Historic Resources). (7) Review all applications for permits, environmental assessments, environmental impact reports, environmental impact statements, and other similar documents, as set forth in this Section, pertaining to designated and potential historic resources. The Community Development Department shall forward such documents to the Commission for review as appropriate. (8) Review and comment on actions and environmental documentation associated with City -sponsored actions, programs, capital improvements, or activities as they relate to designated and potential historic resources. 5 f�'T nz a (9) Cooperate with local, county, state, and federal governments in the pursuit of the objectives of historic resource preservation. (10) Provide opportunity for direct public participation in historic resource preservation responsibilities. Commission meetings shall be open to the public with published agenda and minutes in accordance with California law. (11) Confer recognition upon the owners of landmarks or property or structures within historic districts by means of certificates, plaques, or markers, and from time to time issue commendations to owners of historic resources who have rehabilitated their property in an exemplary manner. (12) Undertake any other action or activity necessary or appropriate to the implementation of its powers or duties to fulfill the objectives of historic resource preservation as delineated in this chapter. 21.04.080 Historic Resource Designation Procedures. (a) Historic Resource Designation Procedures. (1) Property owners of resources identified in the October 6, 2008 InventoN of Historic Resources — Burlingame Downtown Specific Plan may request placement on the City of Burlingame Historic Resources Register in the following manner: (A) Owner(s) of resources included in the City's Inventory may request inclusion in the Register by submitting a Historical Resource Application, along with an historic resource assessment for the property prepared by a qualified architectural historian, to the Community Development Department. (B) Structures which were identified in the Inventory as being potentially eligible for the National Register of Historic Places are, upon adoption of this ordinance, considered locally significant and may included in the City's Register when included on the National Register of Historic Places, at the request of the property owner. (C) Historic Resource 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 for consideration by the Historic Preservation Commission. The application shall be considered at the next Commission meeting following receipt of the Director's recommendations for which appropriate notice may be given, or at such later meeting as requested or agreed by the applicant and the Director. No fees are required to process the application. (D) The Commission shall determine at a regular public meeting based on the documentation provided as to whether the nomination application is appropriate for and shall determine whether to approve the application in whole or in part. Failure to pass a motion approving the application in whole or in part shall constitute a denial of the application. (E) The City Council may also initiate such proceedings on their own motion for resources on public property. (2) Owners of property not identified in the Inventory, upon demonstrating achievement of criteria "j" and two other criteria listed in Section 21,04.040, may submit a Historical Resource Application requesting inclusion in the Register. (b) Deletion from Burlingame Historic Resources Register. (1) The procedure for deletion of a designated historic resource from the Burlingame designated historic resource shall be Register shall be as follows: as follows: (A) The owners) of a designated historic resource may request deletion of the listed resource from the Burlingame Register. (B) Requests to delete a designated historic resource from the Register shall be submitted in writing to the Community Development Director who shall remove the property from the Register, unless the request to remove the property from the Register must be referred to the Commission under subparagraph (D), below. The Community Development Director shall report the removal of resources from the Register to the Commission, as deemed necessary by the Director. (C) The Community Development Director shall periodically propose and process for deletion from the Burlingame Register those designated historic resources which have been lawfully removed, demolished or disturbed to such an extent that, in the Community Development Director's opinion, they no longer qualify for placement on the Register. (D) Requests to delete a designated historic resource that has benefited from any of the incentives identified in Section 21.04.120 shall be forwarded to the Commission for review and action, and may be subject to penalties deemed appropriate by the Commission based on the significance of the resource at the time of the proposed deletion. The Commission shall have the discretion to grant, grant with conditions, or deny the request for removal for such properties. 21.04.100 Exterior Alteration of Designated Historic Resources. (a) Review Process. All applications for a building permit for exterior alteration to any designated historic resource shall be reviewed as follows: (1) The Community Development Director shall review and approve minor exterior alterations that do not materially alter the historic, character -defining elements of the structure. Minor exterior alterations are those that are not subject to discretionary review under Title 25 of the Burlingame Municipal Code (Zoning Ordinance). (2) The Commission shall review and determine whether to approve applications involving modifications to any designated historic resource that require discretionary review under Title 25 of the Burlingame Municipal Code (Zoning Ordinance). (3) Application Process. Requests to conduct exterior alterations to a structure included on the Register shall be subject to the appropriate entitlement application required under Title 25 of the Burlingame Municipal Code (Zoning Ordinance). (4) Standards of Review. In evaluating applications, the review body shall consider the project design's consistency with the Secretary of Interior Standards for Rehabilitation including, but not limited to: architectural style, design, arrangement, texture, materials and color, and any other pertinent factors. The prime concern should be the exterior appearance of the building site. The proposed alterations should not adversely affect the historic, character -defining features or the aesthetic value of the building and its site. (5) Appeals. Any action by the Director may be appealed to the Commission. Any action by the Commission may be appealed by any interested party to the City Council. Appeal procedures shall follow those detailed in Title 25 of the Burlingame Municipal Code (Zoning Ordinance). 21.04.120 Preservation Incentives. (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 (SHBG) for projects involving designated historic resources. The SHBC provides alternative building regulations for the rehabilitation, preservation, restoration, or relocation of 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 Secrefary of the Inferior 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. 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. 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. 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 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) 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. (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. (5) 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. (6) 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. fiG! (a) The owner, occupant, and any person in actual charge of a designated historic resource or an improvement, building, or structure subject to the provisions of this chapter are jointly and severally obligated to keep in good repair all of the exterior portions of such improvement, building, or structure, all of the interior portions thereof when specified in the action declaring the property a historic resource, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature. (b) Maintenance and repair of designated properties shall be in accordance with the approval of any certificate or permit issued Secretary of the Interior Standards for Rehabilitation. (c) The Community Development Director shall have the authority to enforce this Section, concurrently with the Code Compliance function of the City, as delineated in Title I of this Code. (d) OrdinaN Maintenance and Repair (1) Nothing in this subsection shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this section that does not involve a change in design, material, or external appearance thereof, nor does this ordinance prevent the construction, reconstruction, alteration, restoration, demolition, or removal of any such architectural feature when the Community Development Director certifies to the Commission that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California State Historic Building Code and when such architectural feature can be replaced. (e) Emergency Demolition. (1) Designated historic resources that have been severely damaged as a result of an earthquake, fire or other disaster, and which require immediate demolition because the building presents an imminent threat to public safety, shall be exempt from the provisions of this Title. A determination to demolish an existing building on such grounds shall be made by the Commission acting on the advice and recommendation of the Building Official. In the absence of a quorum of the Commission, or if exigent circumstances exist such that public safety requires immediate action, such a determination may be made by the Building Official in consultation with the Community Development Director. (e) Enforcement and Penalties. (1) Any person who violates a requirement of this Section or fails to comply with a condition of approval of any certificate or permit issued under this Section shall be subject to the penalties and enforcement provisions of Title I of this Code. 11 (2) Any person who constructs, alters, removes, or demolishes a designated historic resource in violation of this Section shall be required to restore the building, object, site, or structure to its appearance or setting prior to the violation. Any action to enforce this provision may be brought by the City of Burlingame or any other interested party. This civil remedy shall be in addition to, and not in lieu of, any other remedy provided by law. 12