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Ordinance 1133 - PROVIDING FOR DESIGNATION, PRESERVATION AND CONTROL OF HISTORIC OR CULTURALLY SIGNIFICANT LANDMARKS AND DISTRICTS.C ORDINANCE NO. AN ORDINANCE PROVIDING FOR DESIGNATION, PRESERVATION AND CONTROL OF HISTORIC OR CULTURALLY SIGNIFICANT LANDMARKS AND DISTRICTS. THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION 1. Article 9 is hereby added to the Zoning Ordinance of the Town of Los Gatos to read: ARTICLE 9 LANDMARK AND HISTORIC PRESERVATION SEC. 9 -1.1. Purposes It is hereby found that structures, sites and. areas of special character or special historical, architectural or aesthetic interest or value have been and, continue to be unnecessarily destroyed or impaired, despite - the feasibility of preserving them. It is further found. that the public health, safety and welfare require prevention of needless destruction and impairment, and promotion of the economic utilization and discouragement of the decay and desuetude of such structures, sites and areas. The purpose of this ordinance is to promote the health, safety and general welfare of the public through: (a) The protection, enhancement, perpetuation and use of structures, sites and areas that are reminders of past eras, events and. persons important in local, state 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 Town and. (b) The development and maintenance of appropriate settings and environment for such structures; (c) The enhancement of property values, the stabilization of neighborhoods and. areas of the Town, the increase of economic and financial benefits to the Town and its inhabitants, and the promotion of tourist trade and interest; (d) The enrichment of human life in its educational and cultural dimensions by serving aesthetic as well as material needs and fostering knowledge of the living heritage of the past. SEC. 9 -1.2. Powers and Duties of Planning Commission and Architecture and. Site Committee. The Planning Commission and Architecture and Site Committee have the following powers and duties: (a) The Planning Commission: 1. Shall recommend to the Town council, after public hearing, concerning designation of landmarks and. historic districts, as provided in section 9 -2.4. 2. May establish and. maintain a list of structures and other landmarks deserving official recognition although not designated as landmarks or historic districts, and take appropriate measures for recognition. (b) The Architecture and Site Committee: 1. Shall hear and determine permit applications for construction, alteration, demolition and. remedial work on landmark sites and in historic districts, as provided in sections 9 -3.3 through.9 -3.7. request of the property Owner, advise with 3. May upon req a city respect to any prop work not requiring permit, on a designated lay' -k site or in a . designated historic district. Examples Of the work to are painting and repainting of exterior referred in glazing and surfaces, roofing, fencing, landscap g ° of lighting fixtures . In advising , the installation shall be guided by an Site Committee .Architecture this article. the purpOSes and standards specified in Thi part 9-1-2(b)3 d.oe s not impose Ye g�- ations or controls on any property, the Planning Commission and the Architecture and ( Both consider the Site Committee may consult with and shall ideas and. recommendations o f the Los Gatos Herit Preservation Committee - Gatos Herita e Preservation Committee• SEC. 9 - _ -1 Los s hereby e Preservation Committee i The L Gatos Heritag voluntary committee composed of citizens recognized as a private reserv interested-in historic p istoric Districts. SEA 9 2, De s1 anon of Landmarks and H De b Ordinance. SEC .. 9 -2.1. Council may by ordinance designate, ( ) Th Town features , 1• One or more individual structures or other tares on or integrated groups of structures an ea one or more lots or sites, having a spec�-al character special historical, architectural or aesthetic or spec an d shall designate interest or value, as landmarks a landmark site for each landmark; and structures 2. One or more areas containing a number of (b) each designating ordinance shall include a descriptlon of the characteristics of the landmark or historic district which justify its designation, and a list of any particular features in addition to those features which would. be affected. by work described. in parts (a) , (b) or (c)of section 9-3.1. , that are to be preserved , and shall specify the location and. boundaries of the landmark site or historic district. (e) The property designated shall be subject to the control and standards contained in this article. In ad.ditioa the property shall be subject to the following further controls and standards if imposed by 'the designating ordinance: 1. For a publicly -owned landmark, review of propose changes in major interior architectural features. 2. For a historic district, such further controls and. standards as the Town Council finds necessary or desirable, including but not limited to facade, setback and height controls. (d) The Town Council may amend or rescind a designation only by ordinance, after Planning Commission and Town Council hearings as required. for original designations . SEC. 9 -2.2. Initiation of Designation. Initiation of designation proceedings shall be by resolution of the Town Council or Planning Commission, or by the written application of the property owners. Applications for designations shall be filed. with the Planning Department upon fcums prescribed by the planning Director, and shall be accompanied by all data required by the Planning Commission. An application for SEC ® 9 -2.3 . Proce dure . Where Planning Commission and Town Council hearings are required., the proceedings for recommendation, and for referral in cases where the Town Council does not follow the recommendation, shall be the same as those provided in Article 31 for rezoning. SEC. 9 -2m4. Hearin by Pla:nninZ Commission. The Planning Commission shall hold a public hearing on the proposal, with notice given as provided for rezonings in sec. 31.4. Notice shall also be mailed, to the Los Gatos Heritage Preservation Committee. (a) Action and Time Limit. The Planning Commission shall consider the degree of conformity of the proposed designation with the purposes and standards of this article and. the General Plan. The Planning Commission shall approve, approve with modifications, or disapprove the proposal within 120 days after the initiation of designation proceedings. (b) Notice of Action The Planning Commission shall promptly notify the applicant of action taken. if the Planning Commission approves or modifies the proposed designation in whole or in part, it shall transmit the proposal, together with a copy of the resolution of approval to the Town Council. SEC. 9 -2.5. Designation by Town Counc The Town Council shall hold. a public hearing concerning the designation. Notice of time and place of the hearing shall be given in the time and manner provided for the giving of notice of the hearing by the Commission. The Town Council may deny, approve, or modify and approve, the designation. __ -.. - - ­,_- -- ...Q ,, �, �,,a� , n„ I)V Tewn. Council copy of the designating ordinance , or notice thereof t. to be recorded in the office of the County Recorder. SEC. 9 -2.7. ConformitY Re uired. Construction, alteration, demolition or removal work for which a Town permit is required is prohibited on a designated. landmark site or in a designated historic district unless approval by the Site and Architecture Committee has been granted as provided in section 9 -3.1• through 9 -3.8, or unless the work conforms with the provisions of section 9-4.2 Alter, ations to SEC g 3.- Review ^o�n�er6� ate d - res in Desi¢nateo. Bre -b - SEC- 9 -3.1. Permit Re uired. No person shall do any work listed below without first obtaining grant of a permit from the Architecture and Site Committee: (a) Exterior alteration to a designated, landmark. (b) Interior alterations that would affect the exterior of a designated landmark. (c) Construction of any type on a landmark site or With a historic district unless excepted by the designating ordinance, or of a type which does not affect the exterior appearance of the site, district or any structure on the site or in the district. SEC. 9 -3.2. A lication for Fermat. The Planning Department shall maintain a current record, of designated landmarks and. historic districts. Applications for permits to do work for which a permit is required by section. 9 -3.1. shall be submitted to the Planning Department for processing - Applications shall include plans and specifications showing the �- - environs. If the application does not provide sufficient information for review by the Architecture and Site Committee the Planning Department shall request the omitted. information from the applicant, , and the applicant shall supply it- SEC. .9-3.3. Prod Where Architecture and Site Committee hearings are provided for by this article, the proceedings for action, referral and appeal shall be the same as those provided in Article 29 for conditional use permits. SEC. 9 -3.4. Hea inZ by Architecture and. Site Committee• The Architecture and Site Committee shall hold a public! hearing on the application. Notice of such hearing is to be given as required, for conditional use permits in section 29.2, and in writing to the Los Gatos Heritage Preservation Committee, SEC. 9 -3.5. Decision, Time Limitation. The Architecture and Site Committee shall consider any report from the Los Gatos Heritage Preservation Committee and shall ascertain whether the proposed work conforms to this article and with the provisions of the designating ordinance. The Architecture and Site Committee shall approve, suspend or disapprove the application within 120 days after the filing of a complete application with the Planning Department. SEC. 9-3.6. Suspended Action To obtain sufficient time for steps necessary to preserve the structure concerned, the Site and Architecture Committee may suspend action on an application to permit construction, alteration, demolition or removal for a period not to exceed 180 days. The Town Council may, by resolution, extend the suspension for an additional period not to exceed 180 days, if the re2.Loj_ution is consult with the Los Gatos Heritage Preservation Committee and. other civic groups, public agencies and interested citizens, make recommendations for acquisition of property by public or private bodies or agencies, explore the possibility of moving one or more stru.etu.res or other features, and take any other reasonable measures. SEC. 9 -3.7. Standards for Review. In evaluating applications, the Site and Architecture Committee shall consider the architectural style, design, arrangement, texture, materials and. color, and any other pertinent factors. Applications shall not be granted unless (a) On landmark sites, the proposed work will neither adversely affect the exterior architectural characteristics or other features of the landmark (and, where specified in the designating ordinance for a publicly - owned. landmark, its major interior architectural features) nor adversely affect the character or historical, architectural or aesthetic interest or value of the landmark and its site. (b) In historic districts, the proposed work will neither adversely affect the exterior architectural characteristics or other features of the property which is the subject of the application, nor adversely affect its relationship in terms of harmony and. a ppropriateness, with its surroundings, including neighboring structures, nor adversely affect the character, or the historical, architectural or aesthetic interest or value of the district. in any event applications shall not be granted. for work which viol atpR St�TI( ar[�c innl ir�o ra it II SEC. 9 -3. 8. Showin of IIa.rdshi t?ons Construetion Alterations Demol� If the applicant presents facts clearly demonstrating to the satisfaction of the Architecture and Site Committee that failure to approve his application will work immediate and substantial hardship because of conditions peculiar to the particular structure or other feature involved, the Committee may approve such application even though it does not meet the standards set forth in either the enabling or designating ordinance. SEC. g-! + A licabilit and Enforcement. SEC. 9 -4.1. Applicability (a.) No application for a permit to construct, alter, demolish or remove any structure or other feature on a proposed landmark site or in a proposed historic district, filed. subsequent to the date of initiation of proceedings to designate the landmark site or historic district, shall be approved. while the proceedings are pending; ; provided, however , that if final action on the designation has not been completed 180 days after initiation of designation proceedings, the permit application may be approved.. (b) The provisions of this article shall be inapplicable to the construction, alteration, demolition or removal of any structure or other feature on a landmark site or in a historic district, where a permit for the performance of such work was issued prior to initiations of proceedings for designation of the landmark site or historic distract' and where such permit has not expired or been cancelled or revoked., provided that construction is st'n.04--'l era SEC. 9 -4.2. Unsafe or Dan erous Conditions. None of the provisions of this article shall prevent any measures of construction, alteration, or demolition necessary to correct the unsafe or dangerous condition of any structure, other feature, or part thereof, where such condition has been declared unsafe or dangerous by the Building Official or the Fire Marshal, and where the proposed measures have been declared necessary, by such official, to correct the said. condition, provided, however, that only such work as is absolutely necessary to correct the unsafe or dangerous condition and. as is done with due regard, for preservation of the appearance of the structure involved. may be performed pursuant to this section. In the event any structure or other feature shall be damaged by fire, , or other calamity, or by act of God, to such an extent that in the opinion of t172 aforesaid officials it cannot be reasonably repaired. and restored., it may be removed in conformity with normal permit procedures and applicable laws. SEC. 9 -4.3. Duty to Keep in Good Repair The owner, lessee, and any other person in actual charge or possession of a landmark, or of a structure in a historic district, shall keep in good repair all of the exterior portions of such landmark or structure, all of the interior portions there of when subject to control as specified. in the designating ordinance, and. all interior portions thereof whose maintenance is necessary to prevent deterioration and. decay of any exterior portion. SEC, 9 -4.4. Filing Fees. There shall be no filing fee for any application, or to commence any proceedings, under this article. SEC. 9 -4.5. Enforcement. (a) Duty to Administer a.nd Fnforc,po Ti the Building Official shall assist the Director of Planning in the performance of this duty. (b) Ins ection of Premises. In the performance of his duties, the Director of Planning and employees of the Planning Department authorized. to represent him shall have the right to enter any building or premises for the purposes of investigation and inspection.; provided, that such right of entry shall be exercised only at reasonable hours, and that in no case shall entry be made to any building in the absence of the owner or tenant thereof without the written order of a court of competent jurisdiction. SEC. 9 -4.6. Methods of Enforcement In addition to the regulations of this article, the other portions of the Zoning Ordinance and Town Code governing the approval or disapproval of applications for building permits or other permits or licenses affecting the use of land or buildings, the Director of Planning shall have the authority to implement the enforcement thereof by serving notice requiring the removal of any violation of this article upon the owner, agent, tenant or occupant of the building or land, or upon the architect, builder, contractor or other person who commits or assists in any such violation. SECTION 2. THIS ORDINANCE SHALL TAKE EFFECT and. shall be in force thirty (30) days after the date of its adoption. The Town Clerk of the Town of Los Gatos shall cause this ordinance to be published once within fifteen (15) days after its adoption, in the Los Gatos Times Saratoga Observer, a newspaper of general circulation, published and circulated in thn TnG7n of T.n.q f ai-nc_ The above and foregoing Ordinance was duly and regularly introduced at a regular_ meeting of the Town Council of the Town of Los Gatos held. on the 15th day of October ' 1973. PASSED AND ADOPTED as an Ordinance of the Town of Los Gatos' California, at a regular meeting of the Town Council held on the 5th day of November , 1973, by the following vote: AYES: COUNCILMEN Ruth Cannon Charles E. DeFre E on Jensen John B> Lochner Mark B, DiDuca NOES: COUNCILMEN None ABSENT: COUNCILMEN None SIGNED: MAYOR OF THE TOWN OF LOS GATOS ATTEST: ,g CLERK F THE T ` N LOS 9AATOS