Sec. 43-1. Purpose

In enacting this Article, the city recognizes the substantial aesthetic, environmental and economic importance of its historic and cultural resources. The purpose of this Article is to establish policies, regulations and standards to protect historic and cultural resources and to ensure that development in the Conservation District is compatible and enhances the quality and character of Santa Clara. The adoption of these regulations protects the inherent freedom and exercise of property rights by protecting the interests of all property owners. The regulations contained herein allow more reasonable and cohesive appearance to the neighborhoods in the district while protecting the quality of life and property values of individual homeowners.

The intent of this Article is to promote the general welfare of the public and cultural history of the City through the protection, conservation, preservation, enhancement, perpetuation and use of structures, site and areas that are reminders of past eras, events and persons important in Santa Clara, California, or National history, or which provide significant examples of architectural styles of the past or are landmarks in the history of architecture, or which are unique and irreplaceable assets to the City and its neighborhoods, heritage tourism, or which provide for this and future generations examples of the physical surroundings in which past generations lived.

The designation of any property, district or site pursuant to this Article shall be an overlay designation and shall not inhibit existing or potential uses permitted by this Title.

Sec. 43-2. Application

The regulations set forth in this Article shall apply to properties located within the boundaries designated as the Conservation District overlay on the City of Santa Clara Zoning Map as described in the Exhibit "A". In the case of conflict between the Conservation District policies and other requirements contained in other sections of the Zoning Ordinance, the policies of the Conservation District shall prevail.

Sec. 43-3. Definitions

The following words and terms when used in this Article shall mean as follows, unless a different meaning is clearly stated otherwise:

1. "Certification of Appropriateness" means the written determination made by the Commission that the proposed changes to a qualified historic property do not adversely impact the integrity of a historic property or that new in-fill development does not adversely impact the integrity of the District.

2. "Context" means the physical features and characteristics of the neighborhood environment in which a property it is located.

3. "Cultural resources" consist of historic or prehistoric or archaeological sites and standing structures, burial grounds and other similar sites that can be reasonably determined to yield cultural remains and artifacts.

4. "Demolition" means removal of more than fifty percent of the existing perimeter walls of a qualified historic resource. Demolition does not include the removal and replacement in kind (materials and design) of deteriorated, non-repairable materials required for the restoration or rehabilitation of the historic structure and resulting in no change to its exterior appearance or integrity.

5. "Emergency Repair" means work necessary to prevent destruction or dilapidation to real property or structural appurtenances thereto immediately threatened or damaged by fire, flood, earthquake or other disaster.

6. "Heritage Tree" means any tree so designated by the Santa Clara City Council based on the finding that the tree has character, significant age and girth, interest or value as part of the development of, and/or exemplification of the cultural, educational, economic, agricultural, social, indigenous or historical heritage of the city and identified on the Heritage Tree inventory.

7. "Conservation District Design Guidelines" means the regulations and specifications approved by the City Council to implement this Article.

8. "Integrity" means a propertyŐs ability to convey its significance by retaining sufficient physical features related to the following aspects: location, design, setting, materials, workmanship, feeling, and association. A property's physical features and how those features relate to its significance requires knowing why, where, and when the property is significant.

9. "Major Alterations" means all projects except minor alterations as defined herein.

10. "Minor Alterations" means projects eligible for and subject to approval by the Director of Planning and Inspection. Such projects may consist of additions or alterations to existing structures that are neither taller nor wider than the original structure, or that are not substantially visible from a street, and subordinate detached structures. Minor alterations subject to review and approval also include roofing, fencing, and window replacement when replaced in kind (materials, style, configuration, actual design and construction).

11. "New Construction" means the development of a completely new main structure or other similar building where no existing building remains that is remodeled or added on to.

12. "Ordinary Maintenance and Repair" means work for which a permit issued by the city is not required by law, and where the purpose and effect of such work is to correct any deterioration or decay of or damage to the real property or structure appurtenance therein and to restore the same, as nearly as may be practicable, to the condition and appearance prior to the occurrence of such deterioration, decay or damage including painting.

13. "Owner" of property is the fee simple owner of record as exists on the County AssessorŐs records.

14. "Person" shall include, but not be limited to, the following: individuals, corporations, associations and partnerships.

15. "Qualified Historic Resource" means a property in the Conservation District that is at least sixty years old, or is of lesser age and has exceptional importance and determined by the Director of Planning and Inspection or his/her designee to meet one of the following criteria:

A. Is listed on the City of Santa Clara's Architecturally or Historically Significant Properties inventory; or

B. Is eligible for listing or is listed on the California Register or National Register of Historic Places; or

C. Contributes to the context of the District or its neighborhood either architecturally or historically; or

D. Is associated with the historical, architectural, archaeological, engineering or cultural heritage of the Santa Clara, California or the Nation; and

E. Retains integrity of location, design, setting, materials, workmanship, feeling and association sufficient to convey its significance.

15. "Secretary of the InteriorŐs Standards" means the Federal Standards for the treatment of historic properties. The four approaches to the treatment of historic properties are Preservation, Rehabilitation, Restoration, and Reconstruction.

16. "State Historic Building Code" (SHBC) means the State of California alternative building regulations for the rehabilitation, preservation, restoration, or relocation of qualified historic properties as defined therein. The SHBC generally takes precedence over other Building Codes.

Sec. 43-4. Review Required

All new construction, major alterations, and demolitions shall be subject to Certification of Appropriateness (COA) by the Historical and Landmarks Commission. The Certification of Appropriateness shall be the CommissionŐs written affirmation that a proposed project is compatible with the historic character of the property or District and is consistent with the intent of this Article. The Commission's review shall be limited to the evaluation of compatibility necessary for the COA by using the criteria set forth in the Conservation District Design Guidelines. A COA is required prior to other development approvals required and the issuance of building permits.

Sec. 43-5. Powers and Duties of the Director of Planning and Inspection

The Director of Planning and Inspection shall:

1. Make any necessary determinations regarding qualified historic resources as set forth in this Article and the California Environmental Quality Act.

2. Make any necessary determinations between minor and major alterations as set forth in this Article;

3. Approve minor alterations consistent with the Conservation District Design Guidelines, and prepare the required environmental review prescribed by CEQA.

4. Approve modifications to the R1-6L (Single-Family Residential) standards as allowed by this Article.

5. Upon review and recommendation of the Historical and Landmarks Commission, prepares and periodically updates of the Conservation District Design Guidelines for approval by the City Council to assist implementation of this Article.

Sec. 43-6. Powers and Duties of the Historical and Landmarks Commission

It shall be the duty of the Historical and Landmarks Commission to:

1. Grant, deny or waive applications for Certification of Appropriateness for major alterations and demolitions for qualified historical resources within the Historic Conservation District.

2. Review and make recommendations to the City Council regarding the preparation and periodic update of the Conservation District Design Guidelines.

3. At the request of the property owner, may render non-technical advice, and take steps to encourage the preservation of historical and cultural resources.

Sec. 43-7. Duty of Building Official

When a permit is applied for, the Building Division will check with the Planning Division to see if the property in question is a qualified historic structure within the Conservation District. If it is, the Building Official will require the applicant to obtain Certification of Appropriateness or a waiver thereof as required by this Article prior to the issuance of the building or demolition permit.

Sec. 43-8. Criteria for Certification of Appropriateness

In considering any application requiring Certification of Appropriateness, the Commission shall review the project subject to the following:

A. Consistency of the project with the policies and standards set forth in this Article.

B. The extent to which the proposed project would adversely impact the integrity of the structure, the neighborhood or the District; and

C. The reasonableness or lack thereof of the proposed project in light of other alternatives available to achieve the objectives of the owner and the applicant; and

D. The extent to which the proposed project may be necessary to meet the requirements of any other law, statute, regulation, code or Article; and

E. The extent to which the proposed project is necessary or appropriate to achieve a reasonable return on or the enjoyment of the property for the owner or applicant taking into consideration the required criteria and Design Guidelines and the economic consequences of denial.

If the Commission finds that the proposed project respects the integrity of the building and/or District, the Commission shall find for Certification of Appropriateness. A decision approving Certification of Appropriateness for a project shall be valid for a period of two years from the date the decision is rendered or after the expiration of any appeal period or the conclusion of any appeal. If the project has not been acted upon prior to expiration of approval, the decision of the Historical and Landmarks Commission shall be void.

Sec. 43-9. Conservation District Design Guidelines

The Conservation District Design Guidelines shall assist implementation of this Article and shall apply to all properties within the Conservation District. The adoption of Design Guidelines will protect the appearance and neighborhood character of the City's historic core and improve the visual character within the Conservation District. The guidelines protect the rights of all property owners within the Conservation District. While architectural style is not dictated, the regulations are intended to insure compatibility among adjacent properties while allowing flexibility of design and relief from the R1-6L zoning standards when it is necessary to accommodate the continued usage and viability of historic properties.

The basic principle of the design guidelines is that new construction and alterations shall conserve the significant features and form of historic structures, and blend in with the immediate neighborhood, and be compatible with the historic character of the District.

Sec. 43-10. Modification of Specified R1-6L, Single Family Residential, Standards

In order to avoid demolition and encourage the preservation of historic resources in the District, Properties within the Conservation District shall be entitled to the following modifications without fee unless the Director of Planning and Inspection determines that the modification would create an adverse impact to the subject property, adjoining properties or surrounding neighborhood:

1. Reduction of lot size to 5,000 square feet if associated with the preservation a historic resource;

2. Reduction of lot width to 50 feet if associated with the preservation of a historic resource;

3. Increased height allowances for residential units to 30 feet for the purpose of creating a compatible addition to a qualified historic resource.

4. Increased heights for accessory buildings (sheds, garages) to 20 feet for the purpose of matching roof pitch to the main structure of a historic resource;

5. Increased height allowance for residential accessory buildings to 25 feet for the purpose of matching roof pitch to the main structure of a historic resource;

6. Continuation of substandard building side and rear yard setbacks for one-story additions and/or reconstruction of existing historic buildings;

7. Allow uncovered off street parking or reduced number of covered parking to satisfy the parking requirement."

Sec 43-11. Incentives

All properties in the district determined to be qualified historic resources as defined in section 43-3. 14. (Definitions) are eligible for incentives including the following:

1. State Historic Building Code: The State Historic Building Code may be utilized in lieu of the Uniform Building Code for rehabilitation of existing structures. Use of the Historic Code allows some flexibility to the current UBC, protects historic fabric and may result in savings of construction costs.

2. Zoning Modifications: Allowances to rebuild existing buildings on existing setbacks and construct additions along existing setback lines and other incentives that preserve the existing character of the district are permitted for projects that comply with the Design Guidelines.

3. Mills Act Contract: Provides for a reduction in property tax. The contract requires the property owners to enter into property maintenance agreement and encourages funds to be used for repair and restoration.

4. Low Interest Loans and Grants: Loans and small grants for rehabilitation and historic preservation are available to qualified low income property owners through the City's Community Development Department.

Sec. 43-12. Demolition Procedure

No person shall demolish a qualified historic resource without first complying with the California Environmental Quality Act (CEQA), and obtaining a waiver of Certification of Appropriateness by the Historical and Landmarks Commission. The applicant shall provide the following information to the Commission for consideration of the request:

1. A written explanation of the reasons why retention of the building is not feasible.

2. A Historic Resources Inventory form completed by a qualified historian or architect (if not on file).

3. Demonstration that alternatives to demolition have been evaluated.

4. The required environmental documentation completed in compliance with CEQA.

5. Detailed plans and elevations showing the proposed replacement project.

6. Other information as determined by the Director of Planning and Inspection.

The Historical and Landmarks Commission shall hold a public hearing, hear opinions and evidence on the proposed demolition, render a written decision or continue the matter for a period not to exceed 45 days if time is needed to find alternatives to demolition. The Commission may issue the waiver upon finding that:

1. Demolition is in the public interest; and

2. The request is not detrimental to the integrity of the neighborhood or District, and

3. The proposed replacement project will compliment the character and integrity of the District, or

4. Denial of the waiver would create a substantial hardship, financial or otherwise.

If the demolition request is approved by the Commission, the Department of Planning and Inspection shall not issue a demolition permit until:

1. The waiver of Certification of Appropriateness to demolish the resource has become final after the expiration of any appeal period or the conclusion of any appeal; and

2. The structure has been recorded and documented to the Standards of the Historic American Buildings Survey (HABS) program if required by the Commission; and

3. A building permit is ready to be issued by the Building Division for a permanent replacement use or structure.

A waiver of Certification of Appropriateness allowing demolition shall be valid for a period of two years from the date the decision is rendered or after the expiration of any appeal period or the conclusion of any appeal. If demolition has not been acted upon prior to expiration of waiver, the decision of the Historical and Landmarks Commission shall be void.

Sec. 43-13. Heritage Trees

Heritage trees and other significant landscape features contribute to the context of the Conservation District. Heritage trees play a part in evaluating the level of significance of a property and the impacts of projects to the District. Heritage trees as defined in Section 43-3 shall be subject to protection and permit requirements established with the City's Heritage Tree Program.

Sec. 43-14. Ordinary Maintenance and Repair.

Nothing in this Article shall be construed to prevent the ordinary maintenance or repair as defined in this Article of any property in the District.

Sec. 46-15. Duty to Keep in Good Repair.

The owner or other person(s) of properties in the District shall keep all of the exterior portions in good repair so as to prevent deterioration and decay.

Sec. 43-16. Unsafe or Dangerous Conditions.

None of the provisions of this Article shall prevent any measures to correct the unsafe or dangerous condition of any structure, or feature, or part thereof, where the Building Official or Fire Marshal has declared such condition unsafe or dangerous. Nor does this Article prevent the construction, reconstruction, alteration, restoration, demolition or removal of any such feature when the Building Official certifies to the Commission is required for the public safety which cannot be rectified through the use of the State Historic Building Code.

Where the proposed measures are declared necessary by such officials to correct the condition; such work will be limited to work absolutely necessary to correct the unsafe or dangerous condition and with regard for the preservation of the appearance of the structure. Said officials shall utilize the State Historic Building Code (SHBC) and the Secretary of the InteriorŐs Standards. If any structure or other feature is damaged by fire, or other calamity, or by act of God, to such an extent that in the opinion of the aforesaid officials it cannot be reasonably repaired and restored, it may be removed in conformity with normal permit procedures and applicable laws.

Sec. 43-17. Appeals

Any person aggrieved by a decision of the Director of Planning and Inspection or the Historical and Landmarks Commission may appeal the decision in accordance with the following:

(a) In case the applicant or others affected are not satisfied with the action of the Director of Planning and Inspection, they may, within seven calendar days after the decision, appeal in writing to the Historical and Landmarks Commission. The City Council on its own motion, made within seven days of the Historical and Landmarks Commission decision or at its first regular meeting upon receipt of formal notice of decision and action of the Historical and Landmarks Commission, whichever is later, may consider the action of the Historical and Landmarks Commission same as if an appeal had been taken.

(b) Said appeal shall be taken by the filing of a notice in writing to that effect with the City Clerk and by the payment of an appeal fee as set forth by resolution of the City Council. At its regular meeting held at least three days after the filing of a notice of appeal, the City Council shall set a date for the hearing of the appeal, and notice shall be given to the applicant and to the Historical and Landmarks Commission, and by posting as provided in Section 56-6 if this ordinance. The staff liaison to the Historical and Landmarks Commission shall transmit to the City Council all maps, records, papers and files, which constitute the record in the action from which the appeal was taken.

(c) The City Council shall render its decision within forty-five (45) days after the conclusion of said hearing. The City Council in its decision may reverse, affirm, or modify the action of the Historical and Landmarks Commission or it may remand said matter to the Historical and Landmarks Commission for further study or action. Failure of the Council to render its decision within said period shall be deemed to be an affirmance of the action of the Historical and Landmarks Commission.

Sec. 43-18 Findings

This article shall not operate to deprive any landowner of substantially all the market value of his property or otherwise constitute an unconstitutional taking without compensation. If application of the provisions of this Article to a specific project would effect a taking, then pursuant to this Article the City Council may exempt the property by making findings that this provision has been implicated. The exemption may only be utilized only to the extent necessary to avoid such a taking. Any such exemption shall be designed to carry out the goals and provisions of this Article to the maximum extent feasible.

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