Chapter 8.14
HISTORICAL ARTIFACTS
Sections:
8.14.010 Purpose.
8.14.020 Enabling authority.
8.14.030 Definitions.
8.14.040 Review authority.
Article I. Procedures and Criteria for Designation of Historical Artifacts
8.14.050 Inventory of historical artifacts.
8.14.060 Criteria.
8.14.070 Procedures for designation.
Article II. Procedures and Criteria for Reviewable Actions
8.14.080 Preventive maintenance activities exempt from review.
8.14.090 Activities requiring an alteration permit.
8.14.100 Demolition permits.
8.14.110 Protection during construction.
8.14.120 Consistency with CEQA and other statutes.
8.14.130 Cases of economic hardship.
Article III. Enforcement and Fees
8.14.140 Accidental damage.
8.14.150 Alterations/demolitions without a permit—Violation—Penalty.
8.14.160 Fee schedule.
8.14.010 Purpose.
The purpose of this chapter is to promote the general welfare by providing for the identification, protection, enhancement, perpetuation and use of artifacts that reflect special aspects of the town’s historical, architectural, cultural or aesthetic heritage for the following reasons:
A. To encourage public knowledge, understanding, appreciation and use of the town of Atherton’s past;
B. To foster civic pride in the beauty and character of the town and the accomplishments of its past;
C. To preserve the visual character of the town by preserving artifacts that reflect its history;
D. To protect property values within the town;
E. To balance the concerns of property owners with the community’s interests in preserving artifacts of the town’s past. (Ord. 567 § 1 (part), 2007)
8.14.020 Enabling authority.
California Government Code Section 37361(b). (Ord. 567 § 1 (part), 2007)
8.14.030 Definitions.
A. “Accidental damage” means unintentional damage by an individual or an act of nature. This does not include accidental damage during the course of construction on the property where the artifact was not adequately protected.
B. “Alteration” means any work changing the exterior appearance and visual quality of character-defining features of a historical artifact.
C. “Alteration permit” means a permit approving an alteration to a historic artifact, or a property determined eligible for historic artifact designation pursuant to the provisions of this chapter.
D. “Artifacts” for the purposes of this chapter are structures as defined in subsection S of this section and objects located on the grounds of single-family homes, landscaped areas of public, commercial, and multifamily housing properties, and adjacent to public roads and streets. Buildings designed for human occupation and objects housed in the interiors of buildings are not subject to the terms of this chapter.
E. “Character-defining features” means the elements embodying style, design, general arrangement and components of all of the exterior surfaces of any structure or object, including, but not limited to, the type of building materials and type and style of elements related to such structure or object.
F. “Demolition” means the act or process that destroys, completely or partially, any structure or object.
G. “Historical artifact” means a structure or object that meets the criteria for listing on the national, state or local level as described in Section 8.14.060.
H. “Historic integrity” means the authenticity of a resource’s physical identity, evidenced by the survival of characteristics that existed during the resource’s period of significance. Integrity is evaluated with regard to the retention of location, design, setting, materials, workmanship, feeling and association. It must also be judged with regard to the particular criteria under which a resource is proposed for eligibility.
I. “Inventory of historical artifacts” is the official list of properties subject to the terms of this chapter. In order to be listed on the inventory, the artifact must be found to be an appropriate property type and meet the criteria for listing on the national, state or local level as described in Section 8.14.060. An artifact shall not be included in the inventory if the owner opposes its listing.
J. “Major alteration” means permanent changes to the visual character of a historical artifact or its setting, including, but not limited to, changes in size, surface treatment or location of historical artifacts as described in Section 8.14.090.
K. “Minor alteration” means changes to the color or minor details of a historical artifact, such as for example the replacement of missing or damaged elements. The relocation of a moveable object on the property is a minor alteration, and temporary removal of an artifact from the property during restoration or for its protection during construction shall be treated as a minor alteration under this chapter.
L. “National register of historic places” means the official inventory of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology and culture which is maintained by the Secretary of the Interior under the authority of the Historic Sites Act of 1935 and the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq., 36 C.F.R. Sections 60 and 63).
M. “Object” (as applied in the context of this chapter) means a construction, such as a statue, monument or milepost that may be by nature or design moveable, yet related to a specific setting or environment.
N. “Owner” means the person(s) whose name appears as the owner of a property on the last tax assessment roll of San Mateo County.
O. “Preventative maintenance” means any work to prevent deterioration or damage to the structural integrity or any exterior character-defining feature of a historic resource that does not involve a change in design, material or exterior appearance. Such work includes, but is not limited to, painting, grouting or repainting, foundation work or landscaping in the vicinity of a historic artifact.
P. “Secretary of the Interior’s Standards for Rehabilitation and Illustrated Guidelines for Rehabilitating Historic Buildings” means the illustrated version of the Standards and Guidelines for Rehabilitation developed by the Technical Preservation Services Branch, Preservation Assistance Division of the National Park Service, as it may be amended.
Q. “Secretary of the Interior’s Standards for the Treatment of Historic Properties” means principles developed by the National Park Service (36 C.F.R. Section 68.3, as it may be amended from time to time) to help protect historic properties by promoting consistent preservation practices and providing guidance to historic building owners and building managers, preservation consultants, architects, contractors, and project reviewers on how to approach the treatment of historic properties. The Secretary of the Interior’s Standards for the Treatment of Historic Properties may also be referred to in this chapter as “Secretary of the Interior’s standards.”
R. “State Historical Building Code” means California Code of Regulations, Part 8 of Title 24 (California Building Standards Code), as it may be amended.
S. “Structure” (as applied in the context of this chapter) means a functional, manmade construction, such as a fence, gate, bridge or tunnel, typically made for purposes other than creating shelter, fixed to the property on which it is located. (Ord. 567 § 1 (part), 2007)
8.14.040 Review authority.
In addition to the responsibilities described elsewhere in the municipal code, the planning commission shall:
A. Grant or deny applications that pertain to demolition or major alteration of artifacts included in the inventory of historical artifacts or determined to meet the criteria for inclusion in the inventory;
B. Consider and recommend to the city council additions to (or removals from) the inventory of historical artifacts;
C. Negotiate with property owners to promote preservation of historical artifacts while respecting the use and enjoyment of the owners;
D. Promote public awareness of the historical value of artifacts by steps it deems desirable, including, but not limited to, the issuance of certificates of recognition and the authorization of plaques;
E. Place special emphasis on the need to inspect, repair, and restore artifacts in the public right-of-way or public parks;
F. Consider methods other than those described above to enhance and preserve the quality and understanding of the town’s historical artifacts;
G. Make appropriate recommendations on the general subject of preservation to the city council, other public and private agencies and bodies, and the general public. (Ord. 567 § 1 (part), 2007)
Article I. Procedures and Criteria for Designation of Historical Artifacts
8.14.050 Inventory of historical artifacts.
The inventory of historical artifacts is the official list of properties subject to the terms of this chapter. In order to be listed on the inventory, the artifact must be found to be an appropriate property type and meet the criteria for listing on the national, state or local level as described below. (Ord. 567 § 1 (part), 2007)
8.14.060 Criteria.
A. Property Types. For the purposes of this chapter, artifacts are structures and objects located on the grounds of single-family homes, landscaped areas of public spaces and schools, and adjacent to public and private roads and streets. Buildings designed for human occupation and objects housed in the interiors of buildings are not subject to the terms of this chapter. Artifacts shall meet one of the following criteria:
1. National Register of Historic Places. The quality of significance in American history, architecture, archeology, engineering, and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and:
a. That are associated with events that have made a significant contribution to the broad patterns of the town of Atherton’s history; or
b. That are associated with the lives of significant persons in the town of Atherton’s past; or
c. That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or
d. That have yielded or may be likely to yield information important in history or prehistory.
In order to meet the criteria for listing on the National Register, a property must maintain integrity, defined as “the ability of a property to convey its significance” (NRHP Bulletin 15). The National Register further specifies seven aspects of integrity: location, design, setting, materials, workmanship, feeling, and association. To retain integrity, a property should possess several of these aspects and preferably the majority of them.
Structures and objects located within the town of Atherton that are listed on the National Register of Historic Places, or determined by a qualified professional to be eligible for listing on the National Register, shall be placed on the inventory of historical artifacts following the procedures described below and subject to the terms of this chapter.
2. California State Historical Landmarks, Points of Interest, and the California Register of Historical Resources:
a. Associated with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States.
b. Associated with the lives of persons important to local, California or national history.
c. Embodies the distinctive characteristics of a type, period, region or method of construction or represents the work of a master or possesses high artistic values.
d. Has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California or the nation.
The California Register of Historic Places requires that resources “retain enough of their historic character or appearance to be recognizable as historic resources and to convey the reasons for their significance,” and allows for resources with a lower level of integrity than the National Register criteria.
Structures and objects located within the town of Atherton that are listed as California State Historical Landmarks, Points of Interest, or on the California Register of Historical Resources, or determined by a qualified professional to be eligible for listing on the California Register shall be placed on the inventory of historical artifacts following the procedures described below and subject to the terms of this chapter.
3. Local Significance. To be deemed locally significant, an artifact must meet subsections (A)(3)(a) or (b), and (A)(3)(c) of this section:
a. Association with the early development of the town of Atherton, events occurring before 1930 or structures and objects constructed before that date.
b. Association with the Lindenwood historic district which is composed of structures and objects constructed as part of the Flood Estate (Linden Towers) prior to 1937.
c. Retaining sufficient integrity of design, materials, and association to be recognizable as artifacts of the historical period of their significance. (Ord. 567 § 1 (part), 2007)
8.14.070 Procedures for designation.
Official listing on the inventory of historical artifacts, or removal from listing, shall be approved by the planning commission. Artifacts that the planning commission or city council accept for designation as historical artifacts are subject to the terms of this chapter, even in those cases where the property owner objects to inclusion in the official inventory. An inventory sheet shall be stored in the address file in the building division offices of properties accepted for designation but not published in the official inventory of historical artifacts.
Only those artifacts officially included in the inventory of historical artifacts shall be eligible for grants of public funds, plaques purchased with public funds, or other incentives or benefits that may arise in support of preservation of the artifacts.
A. Initiation of Listings on the Inventory of Historical Artifacts. Designation may be initiated by the planning commission, by any resident of the town, or by the owner of an artifact. Applications for designation must be accompanied by such historical and architectural documentation as may be required to evaluate the artifact’s significance under the criteria described in Section 8.14.060. If the application is filed by a property owner or resident of the town, the application shall be accompanied by a nonrefundable fee as described in Article III of this chapter.
B. Notice of the Public Hearing. Upon receipt of a completed application, the secretary of the planning commission shall set a date for the public hearing which shall be held within forty days of the acceptance of the completed application. Written notice by first class mail shall be sent to property owners within five hundred feet of the property containing the artifact and shall be posted on the official town bulletin boards within ten days of the public hearing.
C. Planning Commission Action. The designation of historical artifacts shall be made by resolution of the planning commission and shall be communicated to the building official, the director of public works, and the Atherton Heritage Association. After thirty days from the public hearing, if no written objection is filed by the property owner, the town shall forward a copy of the resolution to the recorder of the county of San Mateo and to the property owner.
D. Owner Consent. Artifacts shall not be listed in the official inventory of historical artifacts over the property owners’ written objection, received by the town within thirty days of the official designation by the city council.
E. Stop Work Order. While the application for a designation as a historical artifact is pending, prior to the public hearing where the planning commission or city council approves or denies the application, the building official may declare a stop work order. During the term of the stop work order, work that would require an alteration permit if the artifact were already designated as a historical artifact shall not be carried out. The stop work order will be lifted upon the earlier of the planning commission or the council’s decision on the proposed designation, the stop work order termination date as adopted by the building official, or one hundred eighty calendar days from the date of the commencement of the stop work order. (Ord. 567 § 1 (part), 2007)
Article II. Procedures and Criteria for Reviewable Actions
8.14.080 Preventive maintenance activities exempt from review.
Preventive maintenance activities that maintain or restore the historical appearance of historical artifacts are exempt from review. These activities should be carried out in a fashion consistent with good preservation practice. Preventive maintenance activities include cleaning, repainting of stone and masonry, and repainting of previously painted surfaces in the same or similar color. (Ord. 567 § 1 (part), 2007)
8.14.090 Activities requiring an alteration permit.
A. Minor Alterations. Minor alterations are changes to the color or minor details of a historical artifact, such as for example the replacement of missing or damaged elements. Minor alterations to historical artifacts that are moveable objects include the relocation of the object on the property. Temporary removal of an artifact from the property during restoration or for its protection during construction shall also be treated as a minor alteration; however, the temporary location of the artifact and a fixed date for the return of the artifact to its site must be provided.
The alteration permit application for a minor alteration is approvable by the building official, with appeal to the planning commission. An alteration permit for a minor alteration shall be granted within ten days of a completed application. The building official may require such documentation as deemed necessary to make a decision. Copies of the permit application and supporting materials shall be filed with the historical artifact inventory as a permanent record of the alteration.
B. Major Alterations. Major alterations include permanent changes to the visual character of an artifact or its setting. Examples of major alteration include:
1. Changes to the height or width of a structure such as a gate or wall;
2. Painting or otherwise covering of previously unpainted surfaces, such as brick or stone;
3. Addition of new elements attached to historical artifacts (including but not limited to lighting fixtures, replacement of bases of sculptures or other objects);
4. Relocation of a structure on the property;
5. Relocation of an object or structure to another property within the town.
Application for a major alteration permit is approvable by the planning commission, with appeal to the city council. In hearing applications for major alteration permits, the planning commission shall review the proposed alterations for consistency with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and the California Historical Building Code. The building official may require documentary materials, including an evaluation of the proposed alterations by a qualified historical preservation professional, to assist the planning commission in its determination.
Once an application for a major alteration permit is deemed complete by the building official, the planning commission shall conduct a public hearing on the application within sixty days. Appeals to the planning commission’s decision must be filed within ten days pursuant to Chapter 17.06 to the city council. Copies of the permit application and supporting materials shall be filed with the historical artifact inventory as a permanent record of the alteration. (Ord. 567 § 1 (part), 2007)
8.14.100 Demolition permits.
For the purposes of this chapter, demolition includes the removal of all or part of a historical artifact either for disposal or otherwise its relocation from within the town boundaries.
Application for a demolition permit for a historical artifact is approvable by the planning commission, with appeal to the city council. In approving applications for demolition permits, the planning commission shall make findings that an emergency exists that threatens the public health, welfare or safety; and that no feasible alternative can be found to ensure the preservation of the historical artifact within the town. Where no threat to public health, welfare or safety can be identified, the planning commission shall consider whether the preservation of the historical artifact leaves the property with significantly diminished property value. A finding based on significantly diminished property value shall require documentation by independent experts and a finding that no feasible alternative can be found to ensure the preservation of the historical artifact within the town.
Once an application for a demolition permit is deemed complete by the building official, the planning commission shall conduct a public hearing on the application within sixty days. Appeals to the planning commission’s decision must be filed within ten days in accordance with Chapter 17.06 to the city council. Copies of the permit application and supporting materials shall be filed with the historical artifact inventory as a permanent record of the alteration. (Ord. 567 § 1 (part), 2007)
8.14.110 Protection during construction.
Prior to issuance of a grading, demolition or building permit for a property that contains a historical artifact, the applicant shall present an artifact protection plan if any activity associated with the permit has the potential to impact a historical artifact. The artifact protection plan shall include barriers to prevent accidental damage to artifacts, protection against dirt and debris and, if necessary, temporary removal and storage of the historical artifact during the construction project. (Ord. 567 § 1 (part), 2007)
8.14.120 Consistency with CEQA and other statutes.
If any action under this chapter is subject to the provisions of the California Environmental Quality Act (CEQA), or other applicable local, state or federal regulations, the time in which such action is taken shall be extended in order to allow time to comply with the provisions of the applicable regulations; provided, however, that such action is taken within the time limits imposed by the Permit Streamlining Act. (Ord. 567 § 1 (part), 2007)
8.14.130 Cases of economic hardship.
In those cases where the property owner believes that the preservation of the historical artifact leaves a property with no reasonable financial value, the owner may apply for a permit to remove the artifact. Independent evidence of significantly diminished property value shall be required to make a finding of economic hardship.
The town, in its discretion, may in its judgment waive any or all fees for alteration permits in cases where in its judgment the fee is an undue financial burden to the applicant. (Ord. 567 § 1 (part), 2007)
Article III. Enforcement and Fees
8.14.140 Accidental damage.
In the event of accidental damage to a historical artifact, no fines or penalties shall be imposed. Repairs shall be subject to review as described in Article II of this chapter. In the event the damage to the artifact creates an unsafe situation, the property owner may mitigate the hazard and bring the artifact to a safe situation without the issuance of a permit. Such work must be reported to the town within seventy-two hours. In the event the artifact is damaged by an act of nature, the property owner shall not be required to fully restore the artifact beyond bringing the artifact to a safe condition. Failure to adequately protect the artifact from accidental damage does not relieve the property owner from the duty to restore the artifact. (Ord. 567 § 1 (part), 2007)
8.14.150 Alterations/demolitions without a permit—Violation—Penalty.
A. Any person causing the alteration of a historical artifact in a manner which exceeds “preventive maintenance” as defined in Section 8.14.020O without an alteration permit shall submit a penalty in the amount of five thousand dollars to be deposited into a fund reserved for projects that preserve, restore or enhance historical artifacts on the official inventory of historical artifacts as a civil penalty in addition to the penalties as outlined in Chapter 1.20.
B. Any person causing a historical artifact to be removed or demolished without a demolition permit shall submit a penalty in the amount of ten thousand dollars to be deposited into a fund reserved for projects that preserve, restore or enhance historical artifacts on the official inventory of historical artifacts as a civil penalty in addition to the penalties as outlined in Chapter 1.20.
C. In the event the historical artifact can be restored to its appearance at the time of its designation or at the time of the most recent alteration permit or demolition permit, no civil penalty shall be imposed. Otherwise, as part of a civil action brought by the town, a court may assess against any person who commits, allows, or maintains a violation of any provision of this chapter, the civil penalties as described in subsections A and B of this section.
D. A civil action may be commenced to abate, enjoin, or otherwise compel the cessation of violation of any provision of this chapter. In a civil action brought pursuant to this chapter in which the town prevails, the court may award to the town all costs of investigation and preparation for trial, the costs of trial, reasonable expenses including overhead and administrative costs incurred in prosecuting the action and reasonable attorneys’ fees.
E. Upon any guilty plea of judgment or conviction, in any criminal proceeding brought for the violation of this chapter, where the defendant is entitled by law to probation, then the court may require the payment to the town of the costs and expenses as described above as one of the conditions of such probation. (Ord. 567 § 1 (part), 2007)
8.14.160 Fee schedule.
The following fees shall not apply to action taken by a property owner on his/her property:
|
Application for designation of a historical artifact |
$750.00 |
|
Appeal of designation of a historical artifact |
$750.00 |
|
Minor alteration permit |
no charge |
|
Appeal of minor alteration permit |
$750.00 |
|
Major alteration permit |
$750.00 plus the cost of historical evaluation if not already completed |
|
Appeal of major alteration permit |
$750.00 |
|
Demolition or removal permit |
$750.00 |
|
Appeal of demolition of removal permit |
$750.00 |
(Ord. 567 § 1 (part), 2007)