Union City City Zoning Code
CHAPTER 18
106 LANDMARK AND HISTORIC PRESERVATION LHP OVERLAY ZONE
§ 18.106.100 Purpose.
The purpose of this chapter is to establish a landmark and historic preservation (LHP) overlay zone to promote the public health, safety and general welfare by:
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 are unique and irreplaceable assets to the City and its neighborhoods, or which provide for this and future generations examples of the physical surroundings in which past generations lived;
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 City, the increase of economic and financial benefits to the City 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.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
§ 18.106.110 Definitions.
As used in this chapter:
means improvements, buildings, structures, signs, features, sites, scenic areas, views and vistas, places, areas, landscapes, trees, or other objects of scientific, aesthetic, educational, cultural, architectural or historical significance to the citizens of the City and the State of California, or the nation which may be eligible for designation or designated and determined to be appropriate for historic preservation pursuant to the provisions of this chapter.
means any act or process that destroys in part or in whole an individual cultural resource, landmark or other structure within a historic district.
means any delineated geographic area having historical significance, special character or aesthetic value which serves as an established neighborhood, community center, or distinct section of the City, possessing a significant concentration, linkage, or continuity of site, buildings, structures or objects united historically or aesthetically by plan or physical development; and which has been designated a historic district pursuant to this title.
means any site, including significant trees or other significant permanent landscaping located on a site, place, building, structure, street improvement, street furniture, sign, work of art, natural feature or other object representative of the historical, archaeological, cultural, architectural, community, aesthetic or artistic heritage of the City and which has been designated a landmark pursuant to this Code.
means a building, site, structure or object that does not add to the historic architectural qualities, historic association or archaeological values for which a historic district is significant because the property:
means a property must be listed on any official Federal, State, County, or City register.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
§ 18.106.120 Powers and duties of Planning Commission.
The Planning Commission:
A.
Shall recommend to the City Council, after public hearing, the designation of landmarks and historic preservation districts, as provided in Article II of this chapter;
B.
Shall hear and determine architecture and site approval applications for construction, alteration, demolition and remedial work on landmark sites and in historic districts, as provided in Article III of this chapter;
C.
May take steps to encourage or bring about preservation of structures or other features where the Planning Commission has decided to suspend action on a permit application, as provided in Section 18.106.350;
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
§ 18.106.130 Public comment sought.
Public comment shall be sought on all historic preservation applications that are considered for designation under Article II or require a permit under Article III. The Economic and Community Development Department shall compile a list of persons, groups and organizations which are interested in the preservation of historical and cultural resources in the City. Any known persons, groups or organizations shall be notified in writing when a property is considered for designation under Article II or a permit is required pursuant to Article III. Persons, groups or organizations shall be added to this list upon their written request.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
§ 18.106.200 Initiation of designation.
A.
The LHP zone designation may be applied to properties and/or buildings that have been identified in the historic preservation survey. Other properties not included in the survey may also be considered for inclusion in the LHP zone provided the properties meet the findings identified in Section 18.106.240.
B.
Designation proceedings may be initiated by written application of the owner of the property or other members of the public, with the consent of the property owner. In addition, proceedings may be initiated by resolution of the Planning Commission or the City Council.
C.
Application for designations shall be filed with the Economic and Community Development Department upon forms prescribed by the Director. The date of initiation is the date the initiation resolution is adopted or a complete application is accepted by the Planning Department.
D.
Each application for designation shall include a description of the characteristics of the landmark or historic district which justify its designation, and a list of any particular features that are to be preserved, and shall specify the location and boundaries of the landmark site or historic district.
E.
Notification that an application for designation of a particular property or area has been submitted shall be sent to the property owner(s) and occupant(s) of that property within five calendar days of the filing of the completed nomination application.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006; Ord. 883-21 § 4, 2021)
§ 18.106.210 Procedure.
Except as provided by this chapter the proceedings for landmark and historic preservation overlay zone designation are the same as for any other zoning of land.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
§ 18.106.220 Hearings for designation of landmark sites or historic districts.
A.
The Economic and Community Development Department staff shall determine whether the nomination application is complete. If complete, all persons, groups and organizations on the list of interested parties as defined in Section 18.106.130 shall be contacted for comments and review.
B.
The Planning Commission shall hold a public hearing as set forth in Section 18.64.050. The Planning Commission shall consider citizen input and comments and the degree of conformity of the proposed designation with the purposes and standards of this chapter and the General Plan.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
§ 18.106.230 Notice of designation by Council.
When a landmark or historic district has been designated by the Council, the City Clerk shall promptly notify in writing the owners of the property included therein.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
§ 18.106.240 Designation findings.
The Planning Commission may approve a nomination application for, and the City Council may designate, a structure, improvement, natural feature, object or area for designation as a cultural resource or historic district if it finds that the structure, improvement, natural feature, object or area meets the following criteria:
A.
It exemplifies or reflects a special element of the City's cultural, social, economic, political, aesthetic, architectural or natural history and possesses an integrity of location, design, setting, materials, workmanship, feeling and association, and
1.
It embodies distinctive characteristics of style, type, period or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship, or
2.
It contributes to the significance of a historic area being a geographically definable area possessing a concentration of historic or scenic properties or thematically related grouping of properties or properties which contribute to each other and are unified aesthetically by plan or physical development, or
3.
It embodies elements of architectural design, detail materials or craftsmanship that represents a significant structural or architectural achievement or innovation, or
4.
It has a unique location or singular physical characteristic or is a view or vista representing an established and familiar visual feature of a neighborhood, community or the City of Union City, or
5.
It is at least 45 years of age;
B.
It is one of the few remaining examples in the City, region, state or nation possessing distinguishing characteristics of an architectural or historical type or specimen;
C.
It is identified with persons or events significant in local, state, or national history.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
§ 18.106.250 Conformity required.
A.
The property designated shall be subject to the controls and standards contained in this chapter. In addition, the property shall be subject to the following further controls and standards if imposed by the designating ordinance:
1.
For a publicly owned landmark, proposed changes in major interior and exterior architectural features are subject to review as set forth in Article III;
2.
For a historic district, such further controls and standards as the Council finds necessary or desirable, including but not limited to facade, setback and height controls.
B.
Construction, alteration, demolition or removal work for which a City permit is required is prohibited on a designated landmark site or in a designated historic district unless approved by the Planning Commission as set forth in Article III, Permits.
C.
Properties within the LHP zone shall conform to the rehabilitation standards established by the Secretary of the Interior as follows:
1.
A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
2.
The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
3.
Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.
4.
Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
5.
Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a property shall be preserved.
6.
Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical or pictorial evidence.
7.
Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
8.
Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
9.
New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the property and its environment.
10.
New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
§ 18.106.300 Permit required.
A.
No person shall perform any work listed in this subsection on a structure in the LHP zone without first obtaining administrative site development review approval from the Director as set forth in Sections 18.72.050 through 18.72.105:
1.
Second story additions to a historic residence;
2.
Exterior remodel or redesign of a historic residence;
3.
New accessory structure over 120 square feet in a historic district;
4.
Minor modifications to existing commercial and industrial buildings as set forth in Section 18.72.030(E).
At the Director's discretion, any of the above applications may be referred to the Planning Commission for review. |
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006; Ord. 883-21 § 4, 2021)
§ 18.106.310 Application for permit.
Applications for architecture and site approval shall include plans and specifications showing the proposed exterior appearance, color, texture and type of materials, and the proposed architectural design of the exterior of the structure. Where required by the Director, applications shall also show the relationship of the proposed work to the environs.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
§ 18.106.320 Review, approval and appeals.
A.
For every completed application for a permit as identified in Section 18.106.300(A), citizens, groups and organizations shall have 15 calendar days from the date of formal submission to review the project and comment to the Director for incorporation into the administrative staff report. Any person aggrieved or affected by a ruling of the Director regarding a minor residential development permit for a second story residential addition, remodel or redesign of a historic residence or a new accessory structure in a historic district, may appeal to the Planning Commission as set forth in Section 18.72.090.
B.
For every completed application for a permit as identified in Section 18.106.300(B), citizens, groups and organizations shall have 15 calendar days from the date of formal submission to review and comment for incorporation into the Planning Commission staff report. Comments may be submitted in writing.
D.
The Planning Commission may consider any reports, recommendations and comments from interested citizens, groups or organizations and shall ascertain whether the proposed work conforms to this chapter. The permit may be approved in conjunction with a project which requires a development permit from the Planning Commission. Notice of the Planning Commission's decision shall be final unless appealed to the City Council or called up for review by the City Council in the manner set forth in Chapter 18.76.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
§ 18.106.330 Permit findings.
A.
In evaluating permit applications, the deciding body shall consider the architectural style, design, arrangement, texture, materials and color, and any other pertinent factors. Applications shall not be granted unless:
1.
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 of historical, architectural or aesthetic interest or value of the landmark and its site.
2.
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 effect its relationship, in terms of harmony and appropriateness, with its surroundings, including neighboring structures, nor adversely affect the character, or the historical, architectural or aesthetic interest or value of the district.
B.
In any event applications shall not be granted for work which violates standards included in the designating ordinance.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
§ 18.106.340 Demolition.
A.
The deciding body shall recommend approval or conditional approval for a demolition of a designated resource if it finds that:
1.
The cultural resource cannot be remodeled or rehabilitated in a manner which would allow a reasonable use of or return from the property to the property owner;
2.
Denial of the application will diminish the value of the subject property so as to leave substantially no value;
3.
Rental at a reasonable rate of return is not feasible; and
4.
The applicant demonstrates that all means involving City sponsored incentives, such as loans, grants and reimbursements, changes in the zoning title, as well as the possibility of change of use, have been explored to relieve possible economic hardship.
B.
Personal, family or financial difficulties, loss of prospective profits, and neighboring violations are not in and of themselves, justifiable hardships, but may be taken into account in determining the propriety of allowing demolition.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
§ 18.106.350 Time limitations for demolition.
To obtain sufficient time for steps necessary to preserve the structure concerned, the Planning Commission may suspend action on an application to permit demolition or removal for a period not to exceed 180 calendar days. The Council may, by resolution, extend the suspension for an additional period not to exceed 180 calendar days, if the resolution is adopted not more than 90 calendar days and not less than 30 calendar days prior to the expiration of the original 180 day period. During the suspension period, the Planning Commission may consult with the citizens, groups, organizations, consultants, and public agencies, make recommendations for acquisition of property by public or private bodies or agencies, explore the possibility of moving one or more structures or other features, and take any other reasonable measures.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
§ 18.106.360 Exemptions for reconstruction.
Reconstruction of a designated structure shall be exempt from setback and height requirements if it is rebuilt as originally constructed, except for modifications approved in the permit.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
§ 18.106.370 Showing of hardship in cases of proposed alterations or construction.
If the applicant presents facts clearly demonstrating to the satisfaction of the Planning Commission that failure to approve the application will work immediate and substantial hardship because of conditions peculiar to the particular structure or other feature involved, the Planning Commission may approve the application even though it does not meet the standards set forth in either the enabling or designating ordinance.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
§ 18.106.380 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 calendar days after initiation of designation proceedings, the permit application may be approved.
B.
The regulations of this chapter do not apply 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 validly issued and used before initiation of proceedings for designation of the landmark site or historic district. For the purpose of this subsection, a permit is used if substantial construction work specifically for the purpose for which the permit is issued is lawfully performed after the permit is issued, and in reliance on the permit. The term "construction" includes grading.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
§ 18.106.390 Unsafe or dangerous conditions.
None of the provisions of this chapter 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 condition; provided, however, that only such work as is absolutely necessary to correct the unsafe or dangerous condition and is done with due regard for preservation of the appearance of the structure involved may be performed pursuant to this section. If any structure or other feature is damaged by fire, calamity, or by an 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.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
§ 18.106.400 Duty to keep in good repair.
The owner, lessee and any other person in actual charge or possession of a designated landmark or structure or landmark and historic preservation overlay zone shall keep all of the exterior portions in good repair as well as all of the interior portions which are subject to control by the terms of the designating ordinance, and all portions whose maintenance is necessary to prevent deterioration or decay of any exterior portion.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
§ 18.106.410 Incentives.
The City of Union City may offer the following incentives to the owners of qualified historic properties in order to encourage their participation in the preservation program:
A.
Enact the Mills Tax Act to provide a reduction in property taxes;
B.
Provide rehabilitation grants and low interest loans for facade improvements in the Old Alvarado commercial district;
C.
Provide rehabilitation loans for low and moderate income homeowners.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)
§ 18.106.420 Building Code.
Properties within the LHP zone shall be subject to the Historic Building Code, unless the property is a noncontributing structure.
(Ord. 510-98 § 2, 1998; Ord. 670-06 § 3, 2006)