This chapter may be cited as the historic landmark regulations.

(Ord. 99-5 § 2 (Exh. A (part))

The City Council declares that the preservation, protection, perpetuation, enhancement and use of sites, buildings, structures, trees, works of art and other objects having a special historical or architectural value is a public necessity and is desired and required in the interest and general welfare of the people of Orinda.

The purpose of this chapter is to provide a means to:

A.

Preserve, protect, perpetuate, enhance and use historic landmarks;

B.

Delay the sudden and arbitrary destruction of a historic landmark and to influence the remodeling of a landmark when such remodeling would have the effect of destroying or changing it;

C.

Safeguard the heritage of the city by preserving landmarks which reflect the city's cultural, archaeological, social, economic, political or architectural history;

D.

Protect and enhance the city's attraction to residents and visitors;

E.

Foster civic pride in the beauty and notable accomplishments of the past and enrich community life in its educational, patriotic, civic and cultural aspects;

F.

Preserve and encourage varied architectural styles reflecting various periods of Orinda's history;

G.

Protect scenic and historic trees which singularly exemplify the outstanding natural character of Orinda;

H.

Promote the use and preservation of historic landmarks for the general welfare of the people of Orinda;

I.

Foster knowledge and appreciation of the living heritage of the past;

J.

Take necessary steps to safeguard the property rights of the owner whose property is declared to be a landmark; and

K.

Provide for an intensive effort on the part of the city to obtain the owner's consent before a historic landmark is designated.

(Ord. 99-5 § 2 (Exh. A (part))

In this chapter unless the context otherwise requires:

"Change to a landmark" means:

1.

Exterior alteration;

2.

Destruction or removal;

3.

Interior alteration which would affect an area customarily open to the public and which has special historic or aesthetic value; or

4.

On-site physical change to the grounds as defined by this chapter which designates the site as a landmark.

"Historic landmark" or "landmark" means a site, building, structure, monument, tree, work of art or other object which is designated as a historical landmark under this chapter.

"Land use entitlement" means a building permit, grading permit, zoning change, conditional use permit, variance, sign permit, demolition permit, development plan approval, subdivision approval, change to a condition of approval, or similar approval involving property. It includes landmark improvement plan approval.

(Ord. 99-5 § 2 (Exh. A (part))

The City Council may designate by ordinance a site, building, structure, monument, tree, work of art or other object in the city as a historical landmark. The decision shall be based upon the criteria and findings in Section 17.25.5 and on the recommendation of the Planning Commission.

The ordinance designating a historic landmark shall include a description of the characteristics which support the designation and a description of the location and particular features intended to be preserved.

(Ord. 00-2 § 10: Ord. 99-5 § 2 (Exh. A (part))

In considering the designation of a historic landmark, the following criteria apply as appropriate. In order to designate a tree as a landmark, the City Council must find that the designation is consistent with the purpose of this chapter and find at least one of the following conditions. In order to designate a landmark other than a tree, the City Council must find that the designation is consistent with the purpose of this chapter and must find at least three of the following conditions:

A.

The character, interest or value is part of the development, heritage or cultural characteristics of Orinda, the state of California, the United States of America or Native Americans;

B.

The location is an area or site of a significant historic event;

C.

The proposed landmark is associated with a person who significantly contributed to the culture, history and development of the city;

D.

It represents a distinctive example of an architectural period, style or movement or its identification as the work of an architect or master builder whose work has influenced the development of the city;

E.

It contains elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation;

F.

It is a distinct work of art;

G.

It is associated with important religious, cultural, governmental or social factors in the development of the city; or it exemplifies the cultural, educational, economic, patriotic, social or historic heritage of the city;

H.

It has a unique location or a singular physical characteristic representing an established and familiar visual feature of a neighborhood or of the entire city.

(Ord. 99-5 § 2 Exh. A (part))

A.

A proposal for the designation of a landmark may be made by: (1) a member of the City Council upon recommendation of the Historic Landmark Committee or Planning Commission; or (2) the owner of property proposed to be designated. The city shall solicit the cooperation and participation of the property owner in the landmark designating process.

B.

The city shall inform the property owner of the effect of a landmark designation under this chapter at least thirty (30) days in advance of the public hearing.

C.

The proposal shall be submitted as an application to the planning department, on a form prescribed by the Planning Director. The proposal shall include:

1.

A clear identification and description;

2.

Photographs;

3.

An explanation of the historical background of the proposed landmark;

4.

The reasons justifying the proposed designation;

5.

Other information which may be requested by the Zoning Administrator.

(Ord. 02-03 § 33 (part); Ord. 99-5 § 2 Exh. A (part))

A.

Historic Landmark Committee Recommendation. The Historic Landmark Committee shall consider landmark nominations under Section 17.25.6, establish a list of proposed historic landmarks and submit a written recommendation to the Planning Commission, a copy of which shall be sent to the applicant and property owner within ten days of the Committee's decision. When the Committee is dissolved, the Planning Commission shall assume its functions.

B.

Planning Commission Action.

1.

The Planning Commission shall hold a public hearing on each nomination for a historic landmark. If the Planning Commission decision is to recommend designation as a historical landmark, the Planning Commission shall submit a written recommendation to the City Council, and shall have a copy sent to the applicant and property owner within ten days of its recommendation.

2.

If the Planning Commission's decision is to recommend that the property not receive designation as a historical landmark, its decision is final unless appealed to the City Council. The procedure for appealing a decision of the Planning Commission is the same as the procedure for appealing a decision of the Planning Commission for a conditional use permit.

C.

City Council Decision. The City Council shall hold a public hearing on each nomination for a historical landmark: (1) for which the Planning Commission has recommended approval; or (2) which is appealed from the Planning Commission. The Council may approve, approve with conditions or deny the designation. If it approves the designation, it shall do so by ordinance. The ordinance shall contain a full description of the landmark site boundaries and the primary features of the landmark which are considered to be of historical significance. A four-fifths vote of the City Council is required to approve a designation.

D.

When a landmark is designated by the City Council, the City Clerk shall within ten days of the decision: (1) send a copy of the ordinance to the applicant and the property owner; and (2) file a copy of the ordinance in the office of the County Recorder.

E.

Time Limit on Renomination. A proposal to designate the same site as a landmark may not be again considered for at least three years.

(Ord. 99-5 § 2 Exh. A (part))

A.

When a public hearing is required under this chapter, the City Clerk shall mail notice of the hearing at least ten days in advance to the applicant, the property owner, all property owners within three hundred (300) feet of the proposed landmark, the homeowners association if any, in whose territory the proposed landmark is located, and any person who has filed a written request for notice with the City Clerk. The notice of the landmark designation public hearing to the property owner shall be by certified mail. Notice of the public hearing shall also be published in a newspaper of general circulation at least ten days before the hearing.

B.

The notice shall state the time and place of the public hearing, a general explanation of the matter to be considered and a brief description of the proposed landmark.

(Ord. 99-5 § 2 Exh. A (part))

A.

The City Council shall make its decision regarding a proposed landmark within six months from the time an application is submitted to the Planning Department.

B.

If final action on the proposed landmark designation is not taken within the time prescribed, the city shall decide upon the land use entitlement without considering the property as a landmark.

(Ord. 99-5 § 2 Exh. A (part))

The City Council may eliminate or modify the designation of a historical landmark by following the procedures for the original designation. A four-fifths vote of the City Council is required to eliminate or modify the designation.

(Ord. 99-5 § 2 Exh. A (part))

The Planning Department shall maintain a current list of the designated historical landmarks in the city. The department shall also maintain a list of the landmarks nominated or proposed under Section 17.25.6.

(Ord. 02-03 § 33 (part); Ord. 99-5 § 2 Exh. A (part); Ord. No. 21-7, § 4, 11-2-21)

The city may not accept an application for a land use entitlement involving property for which a completed application for a proposed historical landmark designation has been submitted and is pending under Section 17.25.6. This title does not affect a land use entitlement application if the land use entitlement application precedes the application for historical landmark designation.

(Ord. 99-5 § 2 (Exh. A (part))

The designation of a landmark on a parcel does not affect the density of residential use permitted on that parcel under the general plan.

(Ord. 99-5 § 2 (Exh. A (part))

A.

No person may make a change to a historical landmark without first obtaining city action on the landmark improvement plan. This plan may be approved, conditionally approved or not approved in accordance with Section 17.25.17.

B.

The property owner may undertake construction to a historical landmark in an emergency to protect public safety. Emergency work requires a building permit but does not require landmark improvement plan approval. The owner shall do only the necessary emergency work and shall submit a report to the Zoning Administrator within fourteen (14) days after the emergency work begins describing the emergency circumstances and the scope of work.

(Ord. 99-5 § 2 (Exh. A (par))

An application for landmark improvement plan approval shall be submitted to the Planning Department on a form prescribed by the Zoning Administrator. The application shall be accompanied by such supporting information as is required to obtain the related land use entitlement, together with photographs of the landmark and a description of how the landmark will be affected by the proposed change.

(Ord. 99-5 § 2 (Exh. A (part))

A.

Zoning Administrator. The Zoning Administrator may grant landmark improvement plan approval where the application involves only minor changes to the landmark which do not materially affect the particular features intended to be preserved. A decision of the Zoning Administrator may be appealed to the Planning Commission. The Zoning Administrator shall advise the Planning Commission of his or her decisions under this subsection.

B.

Planning Commission. The Planning Commission is the reviewing body for applications not decided by the Zoning Administrator under Section 17.25.16(A). The Planning Commission shall hold a public hearing on the application and shall give notice as set forth in Section 17.25.8. A decision of the Planning Commission may be appealed to the City Council.

(Ord. 99-5 § 2 (Exh. A (part))

A.

The reviewing body shall expeditiously grant landmark improvement plan approval if it finds that the proposed change:

1.

Will not adversely affect a significant historical or aesthetic feature of a historical landmark and is appropriate and consistent with the spirit and purpose of this chapter; or

2.

Is the necessary and appropriate method of correcting an unsafe or dangerous condition when the condition has been declared in writing to be unsafe or dangerous by the Chief Building Inspector, Fire Chief or Health Department Officer. In such case, only the work necessary to correct the condition is permitted. Such work shall be done with regard for preserving the landmark; or

3.

Is necessary to avoid extreme hardship to the owner or applicant because of conditions peculiar to the particular landmark and not created by an act of the owner. The burden is on the applicant to present evidence of extreme hardship.

The reviewing body may grant the landmark improvement plan approval subject to reasonable conditions.

B.

1.

If the landmark improvement plan does not meet the criteria set forth in subsection A of this section it shall not be approved. In this case, the Planning Commission may suspend action on the application for a period not to exceed one hundred eighty (180) days. The City Council may extend the suspension for an additional period not to exceed one hundred eighty (180) days if the extension is approved not less than thirty (30) days nor more than ninety (90) days before the original one hundred eighty (180) day period expires.

2.

During the suspension period above, the Planning Commission shall consult with civic groups (such as the Orinda Historical Society, historical preservation organizations and public agencies) and interested citizens and shall make recommendations to the City Council for: (a) acquisition of the property by public or private entities; (b) relocation of structures; or (c) other reasonable measures taken with the consent of the owner, necessary to further the purposes of this chapter.

3.

If, at the end of the suspension period, the city has not taken measures to legally preclude issuance of the permit applied for, or if action has not been suspended, a permit for demolition or removal shall be approved and a permit for other land use entitlement shall be processed without regard to this chapter.

(Ord. 99-5 § 2 (Exh. A (part))

This chapter does not apply to a change to a landmark if, before March 12, 1987 (the effective date of this chapter): (1) the developer has obtained a building or demolition permit for the change; (2) actual construction or demolition work for the change is underway; and (3) the developer has incurred substantial expense in good faith reliance on the permit.

(Ord. 99-5 § 2 (Exh. A (part))

No fees shall be imposed by the city for the processing of a landmark designation application or for the review of a land use entitlement for a landmark.

(Ord. 99-5 § 2 (Exh. A (part))

The designation of property as a landmark does not give the public the right to enter the property.

(Ord. 99-5 § 2 (Exh. A (part))

If the owner of a landmark requests a variance to modify zoning regulations as they apply to the landmark property, the Planning Commission may determine that the designation as a historical landmark constitutes a "special circumstance" applicable to the subject property within the meaning of Section 17.33.2(A) and Government Code Section 65906.

(Ord. 99-5 § 2 (Exh. A (part))

The City Council, through implementation of the historic landmarks ordinance, has identified the importance of preserving historic structures as a positive benefit to the citizens of the City of Orinda and in support of economic development of the city. To further this end, the City Council is encouraging the owners of qualifying historic properties to participate in preserving historic landmarks by making available the use of the property tax relief incentives program known as the Mills Act. A qualifying property is one which is designated an historic landmark pursuant to this chapter. The framework for use of the Mills Act by a city is provided in Government Code Sections 50280—50290.

(Ord. 99-5 § 2 (Exh. A (part))

Property owners may enter into a Mills Act contract with the City of Orinda only after receiving a designation of historic landmark pursuant to this chapter. Mills Act contracts must be reviewed and approved by the City Council. The contract is to be entered into between the City Manager and the property owner, with an indication that the contract complies with the requirements of Government Code Sections 50280—50290. The contract shall be subject to final approval by the City Attorney as to form and legal substance. No later than twenty (20) days after the parties execute and enter into agreement on a Mills Act contract, the city shall cause the agreement to be recorded in the office of the County Recorder of the county of Contra Costa.

(Ord. 99-5 § 2 (Exh. A (part))

This chapter does not exempt a property owner from the requirement to maintain conformance with the remainder of this chapter as to the designation and regulations of historic landmarks. In the event of conflict between the property maintenance agreement under a Mills Act contract and the remainder of this chapter, the latter shall take precedence.

(Ord. 99-5 § 2 (Exh. A (part))