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