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