Chapter 18.19
HERITAGE PRESERVATION

Sections:

18.19.010    Purpose.

18.19.020    Definitions.

18.19.025    Exemptions.

18.19.030    H Combining Heritage Preservation District.

18.19.035    Projects Subject to Historic Preservation Review.

18.19.040    Action by the Heritage Preservation Board.

18.19.050    Action by Planning Commission or Zoning Administrator.

18.19.060    Unsafe Conditions.

18.19.070    Appeals.

18.19.080    Fees.

18.19.010 Purpose.

The purpose of this chapter is to provide for the health, safety and general welfare through preservation of historic resources. The intent is to provide for the review, evaluation, enhancement, protection and preservation of natural phenomena, structures, sites and areas that possess unique character, special architectural appearance, historical value or which generate special aesthetic or cultural interest. The quality of life within the community will be enhanced through the development and maintenance of appropriate settings and environments for historic resources. (Ord. 975 § 3, 2011; Ord. 592 § 5 (part), 1978)

18.19.020 Definitions.

A. “Historic resource” means structures, sites, areas and natural phenomena which have one or more of the following characteristics:

1. A reminder of past years, events and persons important in local, state or national history;

2. An example of once common structure with a design that specifically relates to its now rare or nonexistent first use or business;

3. A unique or irreplaceable asset to the City or a neighborhood, which asset enriches human life and/or serves an educational benefit by providing future generations examples of the physical surroundings of the past;

4. An example essential to maintaining the overall historic character of a larger area;

5. A structure having architectural significance. A structure determined to have architectural significance shall be one which is valuable as an example of:

a. Architectural design that is attributable to an historic period;

b. A commonly identified architectural style or method of construction;

c. Architectural design that is unusual, beautiful or ingenious;

d. A notable work of a major builder or designer;

e. Unusual quality of workmanship;

f. Unusual use of construction materials.

B. “Historic district” means one or more properties zoned H, containing a number of structures and sites that meet the above definitions, or a collection of structures that individually may not be of major architectural or historic importance but as a group contribute to the overall historic and architectural character of the community.

C. “Historic resources inventory” means a list of officially designated historic resources, as adopted by resolution of the City Council. (Ord. 975 § 3, 2011; Ord. 592 § 5 (part), 1978)

18.19.025 Exemptions.

Ordinary maintenance and interior improvements that do not impact the exterior of the resource, and work necessary to correct unsafe conditions pursuant to LMC 18.19.060, shall be exempted from the requirements of this chapter. (Ord. 975 § 3, 2011)

18.19.030 H Combining Heritage Preservation District.

The Heritage Preservation Board may recommend to the Planning Commission or City Council that the reclassification of a zoning district be initiated to include the Combining Heritage Preservation District H designation pursuant to Chapter 18.80 LMC. The H district shall be applied as follows:

A. The H district shall be applied to property in combination with the base zoning districts established by Chapters 18.18 through 18.56 LMC.

B. The provisions of this chapter shall apply to the property in addition to the provisions of the base district which establish permitted uses, lot area, setbacks, etc.

C. In the event that only a portion of a property is worthy of historic preservation, the requirements of this chapter may be limited to the portion. To accomplish the limitation, the portion shall be identified as a historic resource and described in the ordinance adopting H district zoning for the property. (Ord. 975 § 3, 2011; Ord. 592 § 5 (part), 1978)

18.19.035 Projects Subject to Historic Preservation Review.

Except for work that meets the provisions of LMC 18.19.025 and 18.19.060, a discretionary land use permit, building permit, grading or demolition permit for properties listed on the official historic resources inventory, determined to be eligible for inclusion on the historic resources inventory, or located within the H district shall be subject to the requirements of this chapter. (Ord. 975 § 3, 2011)

18.19.040 Action by the Heritage Preservation Board.

The Heritage Preservation Board shall review and make a recommendation for all projects subject to this chapter.

A. In reviewing applications, the Board shall determine whether the application meets the following standards:

1. The proposed work will be compatible with the exterior architectural character of the historic resource and neighboring historic resources.

2. The proposed work will maintain the integrity of the historic resource.

3. The proposed work will not significantly diminish public view of the historic resource.

4. The proposed work will not adversely affect the historic, architectural, or aesthetic character of the neighborhood.

5. The proposed work will comply with Federal, State, and City standards for the rehabilitation or modification of historic resources.

B. Following review, and within thirty days of acceptance of the application by the City, the Board shall take one of the following actions:

1. Recommend that the application be approved when the standards of subsection (A) of this section are found to be satisfied;

2. Recommend that certain conditions of approval be considered where conditions are found necessary to satisfy the standards of subsection (A) of this section;

3. Continue the application to a specified date to allow the applicant the opportunity to modify the proposal to satisfy the standards of subsection (A) of this section; or

4. Recommend that the application be denied when it is found that the standards of subsection (A) of this section cannot be met;

5. For demolition permit applications, the Heritage Preservation Board may stay the application approval or issuance for a determination whether an environmental analysis pursuant to the California Environmental Quality Act is required, and to perform any required analysis and/or request an investigation of alternatives to the proposed demolition, such as, but not limited to, seeking a new owner who is willing to preserve the historic resource, or seeking an alternate site for the resource, or seeking an adaptive reuse of the structure. (Ord. 975 § 3, 2011; Ord. 953 § 1(22), 2007; Ord. 857 § 5 (part), 1993; Ord. 782 § 1, 1989; Ord. 592 § 5 (part), 1978)

18.19.050 Action by Planning Commission or Zoning Administrator.

As stated in LMC 18.64.020, all exterior work proposed on properties listed on the City’s historic resources inventory, determined to be elligible for inclusion on the historic resources inventory, or property zoned H shall also be subject to design review unless exempted by LMC 18.19.025 and 18.19.060. In considering approval of the application, the Zoning Administrator or Planning Commission shall use the recommendation of the Heritage Preservation Board and the standards stated in LMC 18.19.040 and 18.64.050 in addition to all other applicable regulations and findings of this code. (Ord. 975 § 3, 2011; Ord. 953 § 1(23), 2007; Ord. 933 § 3, 2004; Ord. 857 § 5 (part), 1993; Ord. 592 § 5 (part), 1978)

18.19.060 Unsafe Conditions.

If the Building Inspector considers any measures of construction, alteration, or demolition necessary to correct an unsafe condition of any structure within the designated historic district, and/or listed on Larkspur’s historic resources inventory, nothing in this chapter shall prevent those measures. If any structure or other feature is damaged by fire or other calamity to the extent where it cannot be reasonably repaired or restored, as determined by the Heritage Preservation Board, it may be removed in conformity with normal permit procedures and applicable laws. Rebuilding of such a structure must conform to the criteria of that district. (Ord. 975 § 3, 2011; Ord. 592 § 5 (part), 1978)

18.19.070 Appeals.

Any person aggrieved by any action of the Heritage Preservation Committee may appeal that action pursuant to provisions of Chapter 2.50 LMC. (Ord. 975 § 3, 2011; Ord. 853 § 5 (part), 1993); Ord. 592 § 5 (part), 1978)

18.19.080 Fees.

Applications for historic preservation review shall be made on forms provided by the Planning Department together with the required fee. A schedule of fees shall be determined by resolution of the City Council.

In the event that the Board or staff requires assistance in the review of a historic preservation application, the services of a historic architect may be requested by the City, at the applicant’s expense, to determine whether the project meets the findings as outlined within this chapter and applicable Secretary of the Interior standards. (Ord. 975 § 3, 2011)