Chapter 18.58
REGULATIONS FOR HT – HISTORIC COMBINING DISTRICTS

Sections:

18.58.010    Application.

18.58.020    Intent.

18.58.030    Designation.

18.58.040    Permitted and conditional uses.

18.58.050    Conversion of residential structures to commercial use.

18.58.060    Architectural control.

18.58.070    Demolition restriction.

18.58.080    Maintenance covenant.

18.58.090    Other regulations.

18.58.010 Application.

The regulations in this chapter shall apply to each zone district to which the zoning suffix HT is combined, creating a historic combining zone district. (Zoning Ord. § 29-1).

18.58.020 Intent.

The historic combining zone district is intended to preserve historic landmarks that represent important elements of the City’s past and contribute to the community’s identity and educational resources. The conversion of residential structures to commercial use should only be considered when continued residential use is no longer feasible or desirable and when the commercial use will not be detrimental to the surrounding neighborhood. Likewise, in order to preserve the original residential character of such landmarks, should commercial use of such properties cease in part or completely, a reversion to residential use may be granted and the structure thereafter used in part or completely as a single-family residence through the process established in this chapter. (Ord. 1889 § 1, 8-16-11; Zoning Ord. § 29-2).

18.58.030 Designation.

The provisions in this section for processing zoning and rezoning requests control to the extent that they are in conflict with the procedures prescribed in Chapter 18.112 SCCC. Otherwise, the procedures of Chapter 18.112 SCCC apply and the provisions of this section merely implement them. Upon initiation of a rezoning request, the planning division shall refer the request to the Historical and Landmarks Commission for a report on the property’s historical and architectural values.

In making its recommendations, the Historical and Landmarks Commission shall consider the listings in the National Register of Historic Places, the California Historical Landmarks Program, the Santa Clara County Preliminary Inventory of Historic Landmarks, the City’s historic survey, and other compilations of historical buildings and sites. The Commission shall evaluate the proposed landmark for its historical or cultural uniqueness or as an outstanding local example of an architectural style or building technique.

The report of the historical and landmarks Commission shall be made within sixty (60) days of the notification by the planning division and shall be included in the staff report to the Planning Commission on the rezoning request.

The planning division may also refer the rezoning request to other groups or individuals with historical or architectural expertise which have requested such referral.

Designation and any particular historic combining zone district use shall be based on a detailed plot plan of the property, color photographs of all exterior elevations and major interior rooms, a description of historic, architectural and use characteristics of the building and property, report of the Historical and Landmarks Commission and any particular use and area therefor with conditions designated which receive a final zoning approval. Upon approval by a minimum of five affirmative votes of the City Council, such plot plan, photographs and reports, along with special City Council approved historic combining zone district use, shall become a part of the zoning map of the City of Santa Clara as provided for by SCCC 18.04.030, and the property shall be zoned and the uses shall be restricted to the particular authorized historic combining zone district use or uses as restricted, conditioned and approved in the action approving addition of the HT suffix in addition to uses of other zone district combined to the extent they are not limited or prohibited in the zoning approval. (Zoning Ord. § 29-3).

18.58.040 Permitted and conditional uses.

Except as provided in SCCC 18.58.030, 18.58.050 and 18.58.080, permitted and conditional uses and restrictions are those specified by the zone district subject to the restrictions contained in this chapter and the uses approved by the City Council as an appropriate historic combining zoning use for the particular property at the time of the historic combining zone zoning or rezoning. (Ord. 1889 § 2, 8-16-11; Zoning Ord. § 29-4).

18.58.050 Conversion of residential structures to commercial use.

Within a historic combining zone district, a residential structure is exempt from SCCC 18.60.010(a), which prohibits conversion of residential structures, and may be converted to an alternate use or to a mixed residential/commercial use upon approval of a historic combining zone district zoning or rezoning by the City Council, subject to the following conditions:

(a) That the applicant demonstrates to the satisfaction of the City Council that the structure is no longer feasible or desirable for only residential use, based upon at least two of the following:

(1) Its large floor area is substantially above the average range of a single-family house in the City;

(2) Its location on a major street or in a neighborhood is adverse to residential use;

(3) Its dilapidated condition makes rehabilitation for only residential use economically infeasible.

(b) That the proposed use is compatible with the historical and basic residential character of the structure. Exterior changes shall be minor and architecturally compatible. Interior changes shall not prevent future residential use and shall be reversible without a major expenditure upon cessation of the nonresidential use. Required parking shall be provided on-site and in a manner consistent with the preconversion character of the property. The following uses may be considered compatible with adequate on-site parking:

(1) Boarding house or bed-and-breakfast establishment;

(2) Antique store;

(3) Art gallery or studio;

(4) Office for architect, lawyer, interior decorator, and other nonmedical professionals; and

(5) Other uses which in the opinion of the Planning Commission are similarly compatible.

(c) In conjunction with the HT zoning, the tenants (with the written approval of the property owner), property owner(s), and successors to the property owner shall have the option of using the State Historic Building Codes, as appropriate, and the Secretary of Interior Standards on all work done to qualified and eligible building structure(s), as appropriate.

(d) That the proposed use is compatible with the neighborhood in terms of its appearance, provision of parking and creation of activity or noise.

(e) A residential structure on any property zoned for HT combining use may be used as a single-family residence, either in whole or in part in combination with other allowed uses of the site under the approved HT combined zoning designation, subject to the following:

(1) A proposal to change any portion of the property to a single-family residential use must conform to the definition of a single-family dwelling in SCCC 18.06.010(d)(9) and requires that an application for an HT permit be filed with the Zoning Administrator, with accompanying processing fees and including a description, plot plan and floor plan indicating any physical changes; such changes are subject to the requirements of the City’s zoning and applicable building codes.

(2) The granting of an HT permit may require that commercial improvements, such as signs and parking lots, be altered or removed, or that certain residential improvements, such as landscaped yards and residential parking, be added to the property when the approved commercial use is abandoned or diminished on the property, subject to the architectural control provisions of SCCC 18.58.060, as determined by the Zoning Administrator.

(3) Subsequent reintroduction and/or minor expansion of commercial uses allowed under the previously approved HT zoning for the property may be approved by the Zoning Administrator through the process of an HT permit, as described above, and subject to the requirements of the original HT combining zone district action, in conformance with this chapter. A substantial deviation from the originally approved uses or conditions may require a new HT combining zoning or planned development zoning.

(4) Granting an HT permit requires that the Zoning Administrator make all of the following findings:

(A) That the proposal is consistent with the City’s adopted General Plan;

(B) That the granting of the HT permit will not be detrimental to:

(i) The safety, health, peace, comfort and general welfare of persons residing or working in the neighborhood; and

(ii) The property or improvements in the neighborhood;

(C) That the HT permit will not impair the integrity and character of the applicable zoning district or the historic integrity of the property and is in keeping with the purposes and intent of this title; and

(D) That the reversion from the uses allowed under the HT zoning district to residential uses conforms to the requirements of the R1-8L or R1-6L zoning districts or that the reversion from residential uses to the uses allowed in the HT zoning district conforms to the requirements of the HT zoning as approved by the City for the subject property.

(5) The Zoning Administrator may designate such conditions with the HT permit as deemed necessary to secure the purposes of this title and may require guarantees and evidence of compliance with such conditions.

(6) Notwithstanding the provisions of SCCC 18.112.060, notice of pending HT permit applications shall be provided to immediately adjacent property owners, including those separated from the subject property by public rights-of-way, and to all persons requesting such notices at least ten calendar days prior to any Zoning Administrator action. If neither the applicant, nor the subject property owner, nor any notice recipient requests a hearing before the Zoning Administrator within the ten-day notice period, the Zoning Administrator may act on the HT permit. If a request for hearing is received by the Zoning Administrator within the ten-day notice period, the Zoning Administrator shall conduct a hearing within thirty-five (35) calendar days of receipt to review all comments and documents prior to taking action on the HT permit.

(7) In the event the applicant, property owner or any notice recipient is not satisfied with the decision of the Zoning Administrator on the HT permit, within seven calendar days following such decision, a written appeal may be made to the Director of Planning and Inspection for a final determination within ten business days of receipt of such appeal. In the event that the applicant is not satisfied with the decision of the Director of Planning and Inspection, a written appeal may be made to the City Council at the office of the City Clerk within seven calendar days following such decision. The Council shall hear the appeal within sixty (60) calendar days of receipt of the written appeal.

(8) Any HT permit granted in accordance with the terms of this title may be revoked by the Zoning Administrator if the basis of approval is found to be invalid or if any of the conditions of approval of such permit are violated, or if any law or ordinance is violated in connection therewith, or if the Zoning Administrator finds that the continuance of the HT permit will endanger the public health, safety or welfare. The revocation decision by the Zoning Administrator may be appealed by the applicant or property owner subject to the HT permit, within seven calendar days following such decision, by a written appeal to the Director of Planning and Inspection for a final determination within ten business days of receipt of such appeal. (Ord. 1889 § 3, 8-16-11; Zoning Ord. § 29-5).

18.58.060 Architectural control.

No exterior or interior changes may be made that would compromise the historic integrity of the building, property or significant landscaping features within a historic combining zone district. Minor improvements, excluding changes such as painting or other activities associated with routine maintenance that need no approval, may be approved by the Zoning Administrator, Planning Commission and/or the City Council upon referral by the Zoning Administrator. Any request for approval may be denied by the Zoning Administrator if he/she, or any other reviewing body upon referral by the Zoning Administrator, finds that such request would jeopardize the building’s architectural or historical integrity or value. (Ord. 1889 § 4, 8-16-11; Zoning Ord. § 29-6; Ord. 2011 § 12, 2-11-20).

18.58.070 Demolition restriction.

No structure in a historic combining zone district shall be intentionally demolished or caused to be demolished, or altered, or caused to be altered, in violation of SCCC 18.58.060 without prior removal of the historic combining zone designation and rezoning to an alternate zoning district in conformance with the City’s adopted General Plan, herein prescribed zoning procedures, and environmental review as prescribed in the California Environmental Quality Act in effect at the time of application for such removal of the zone designation. Processing of any rezoning request associated with a proposed demolition shall include sufficient time for the City, a historical society, or any interested party, to prevent such demolition by purchase or renovation of the property. Thereafter, the City Council may approve the application for the rezoning and demolition following a determination that no means of preservation is feasible and the applied-for zoning is appropriate. Exclusion from ordinance and code requirements, and each use attained through application of the historic combining zone district, is automatically removed on elimination of the historic combining zone district designation. The property shall thereafter comply with the regulations of the zone district as approved by the City Council. For historical structures on properties with an HT zoning designation that have been substantially destroyed unintentionally by fire, explosion, or by war, earthquake, or flood, an application for a rezoning to remove the HT zoning designation is required. The Zoning Administrator shall process said rezoning application and notify the Historical and Landmarks Commission. Comments from that Commission shall be included in the staff report for Planning Commission and City Council consideration in the context of the rezoning. (Ord. 1889 § 5, 8-16-11; Zoning Ord. § 29-7).

18.58.080 Maintenance covenant.

As a condition of historic combining zone designation, the property owner shall enter into a recordable covenant agreement with the City agreeing to maintain the historic structure and property to standards acceptable to City. The covenants will include but not be limited to addressing routine as well as long-term maintenance and will run with the title to the property until or unless the “HT” designation is removed. (Zoning Ord. § 29-8).

18.58.090 Other regulations.

Lot size, building height and coverage, setbacks, landscaping, internal parking arrangement and use limitation, and additional development standards shall be determined by the plot plan and reports approved as part of the historic combining zone district zoning or rezoning. Structures within a historic combining zone district shall be considered legally conforming while the property is so zoned and used in accordance with the historic combining zone district approval. Upon loss of historic combining zone district zoning, subject structures shall assume the status as existed prior to receipt of the historic combining zone district designation to the extent that there was any intervening change in law or ordinance, exclusive of historic combining zone district zoning or rezoning, changing such status. (Zoning Ord. § 29-9).