(a)
The city council finds that the character and history of the city are reflected in its cultural, historical, and architectural heritage, that these historical and cultural foundations should be preserved as living parts of community life and development to build an understanding of the city's past so that future generations may have a genuine opportunity to appreciate, enjoy, and understand the rich heritage of the city, that with ever increasing pressures of modernization and urbanization, city landmarks, neighborhoods, and other areas of historical and cultural interest are threatened with demolition, and that pursuant to the provisions of the National Historic Preservation Act of 1966, as amended, the city of Sunnyvale joins with private concerns, the state of California, and the United States Congress to develop preservation programs and activities to give maximum encouragement to agencies and individuals undertaking preservation of the city's unique architectural, historical, aesthetic, and cultural heritage. The provisions of this chapter identify and prescribe specific procedures and requirements for the filing, processing and consideration by the heritage preservation commission. These provisions shall be used in conjunction with the general requirements and procedures identified in Chapter 19.98 including requirements and procedures for applications, fees, notification, appeals, conditions of approval, modifications, expiration, extensions, revocation and infractions.
(b)
The purpose of this chapter is to promote the public health, safety,
and general welfare, and
(1)
To safeguard the city's unique cultural heritage as embodied and
reflected in the city's architectural history and patterns of cultural
development;
(2)
To encourage and facilitate public knowledge, understanding, and
appreciation of the city's historic past and unique sense of place
and to encourage public participation in identifying heritage resources;
(3)
To promote the enjoyment, celebration, and use of heritage resources
appropriate for the educational, cultural, recreational as well as
material needs of people;
(4)
To preserve diverse architectural styles, patterns of development,
and design preferences reflecting phases of the city's history and
to encourage complementary contemporary design and construction and
inspire a more livable urban environment;
(5)
To enhance property values and to increase economic and financial
benefits to the city and its inhabitants through incentives for preservation;
(6)
To protect and enhance the city's attraction to tourists and visitors
thereby stimulating business and in dustry;
(7)
To identify as early as possible and resolve conflicts between the
preservation of heritage resources and alternative land uses by integrating
the preservation of heritage resources into the comprehensive planning,
management and development processes for both public and private property;
(8)
To conserve valuable material and energy resources by ongoing use
and maintenance of the existing built environment;
(9)
To stabilize neighborhoods through the preservation of heritage resources
and establishment of heritage resource districts; and
(10)
To develop and maintain appropriate settings and environments for
heritage resources.
(Prior zoning code § 19.80.005; Ord. 2623-99 § 1)
The heritage preservation commission is established and functions
pursuant to Article X of the City Charter. The members of the heritage
preservation commission shall have a demonstrated interest in the
heritage of the city. Strong consideration shall be given applicants
with a background in architecture, design, history, museums, urban
preservation, planning, construction, real estate or structural engineering.
(Prior zoning code §§ 19.80.010, 19.80.020; Ord. 2623-99 § 1)
The heritage preservation commission shall have the responsibility
to:
(a)
Recommend criteria for and supervise a comprehensive survey of improvements,
buildings, structures, signs, features, landscape, trees, sights,
places, areas or other artifacts of architectural, artistic, cultural,
engineering, aesthetic, political or social significance to the citizens
of Sunnyvale;
(b)
Provide recommendations and other assistance concerning development
and maintenance of a local inventory of the above described heritage
resources of the city including the nomination of neighborhoods to
be considered by the city council for HH heritage housing district
consideration;
(c)
Recommend criteria for designation of heritage resources, landmark
sites, and landmark districts;
(d)
Recommend heritage resources for landmark site or landmark district
status;
(e)
Review and comment upon the conduct of matters undertaken by the
city, county or state which have a bearing upon heritage resources
including, but not limited to, land use, municipal improvement, and
housing;
(f)
Assist in the preparation of standards for the commission to use
in reviewing applications for permits which significantly affect any
landmark or landmark district, including permits to construct, change,
alter, modify, remodel, or demolish the foregoing;
(g)
Review all applications for permits regarding heritage resources,
heritage resource districts, landmark site or landmark district designated
structures that involve changing use, exterior alterat ion or demolition,
and approve, disapprove, or approve as modified said applications.
All related environmental documentation shall also be reviewed;
(h)
Participate in, promote, and conduct public information and explanatory
programs pertaining to heritage resources;
(i)
Cooperate with other interests and programs that are developed by
both public and private agencies in the fields of museums and the
development of city archives;
(j)
Promote the restoration, maintenance and operation of heritage resources
owned by the city;
(k)
Investigate and report to the city council on public or private fund
sources and mechanisms available to promote preservation of heritage
resources in the city;
(l)
Recommend to the city council the purchase of appropriate interests
in property for purposes of preservation of heritage resources;
(m)
Make other recommendations, perform studies and make deliberations
deemed desirable or necessary to the effective functioning of the
commission;
(n)
Encourage citizen participation in support of heritage resources;
(o)
Make available to the public copies of all recommendations, studies,
standards and criteria produced in the exercise of the above functions;
(p)
Approve demolitions and new construction of replacement structures
in any HH heritage housing district.
(Prior zoning code § 19.80.040; Ord. 2623-99 § 1; Ord. 2780-05 § 1)
For the purpose of this chapter, the following definitions apply:
means any exterior change or modification to an improvement
or site which affects the exterior architectural features of property.
means a heritage resource which has specific elements which
are expressly found to meet one or more of the Criteria of the National
Register of Historic Places as established by the Secretary of the
Interior and incorporated by reference into this code and which has
been designated and determined to be appropriate for preservation
by the city council, and has been recognized by the state or the nation
to be historically significant.
means a heritage resources district which has specific elements
which are expressly found to meet one or more of the Criteria of the
National Register of Historic Places as established by the Secretary
of the Interior and incorporated by reference into this code and which
has been designated and determined to be appropriate for preservation
by the city council, and has been recognized by the state or the nation
to be historically significant.
means the architectural elements embodying style, design,
general arrangement and components of all of the outer surfaces of
an improvement. This includes such visual characteristics as paint,
color, surface texture, grading, surface paving, materials, accessory
structures, trees and other natural features, and exterior objects
such as signs, plaques, light fixtures, street furniture, walls, fences,
steps, plantings and landscape accessories.
means a heritage resource district consisting of residential
properties which has been zoned as a heritage housing combining district
for the purposes of preserving, protecting, enhancing and perpetuating
the appearance of the district which contributes to the cultural or
aesthetic heritage of the city.
means improvements, buildings, portions of buildings, structures,
signs, features, sites, scenic areas, views and vistas, places, areas,
landscapes, trees, or other natural objects or objects of scientific,
aesthetic, educational, political, social, cultural, architectural,
or historical significance to the citizens of the city, the Santa
Clara Valley region, the state, or the nation, which are designated
and determined to be appropriate for preservation by the city council.
means any geographically definable area containing a concentration
or continuity of heritage resources which are thematically related,
or which contribute to each other and are unified by a special character,
historical interest, aesthetic value, or which represents one or more
architectural periods or styles typical to the city, and that has
been designated and determined to be appropriate for preservation
by the city council, pursuant to provisions of this chapter.
means any building, structure, place, parking facility, fence,
gate, wall, work of art, or other object constituting a physical betterment
of real property, or any part of such betterment.
means a heritage resource which is significant in that the
resource materially benefits the historical character of a neighborhood
or area, or the resource in its location represents an established
and familiar visual feature of the community or city, and has been
designated and determined to be appropriate for preservation by the
city council.
means a heritage resources district which demonstrates a
higher collective integrity of location, design, setting, materials,
workmanship, feeling, and association which is essential to the sustained
value of the separate individual resources and which has been designated
and determined to be appropriate for preservation by the city council.
A local landmark district possesses a significant concentration or
continuity of heritage resources unified by past events, or aesthetically
by plan or physical development; or the collective value of the local
landmark district as a whole may be greater that the value of each
individual heritage resource within it.
means a list of heritage resources officially designated
or recognized by the city.
means the identification, protection, conservation, enhancement,
perpetuation or rehabilitation of any heritage resource that prevents
the deterioration, alteration, destruction or removal of such resource.
(Prior zoning code § 19.80.050; Ord. 2623-99 § 1; Ord. 2780-05 § 1)
Any improvement, building, portion of buildings, structures,
signs, features, sites, scenic areas, views, vistas, places, areas,
landscapes, trees, or other natural objects or objects of scientific,
aesthetic, educational, political, social, cultural, architectural,
or historical significance can be designated a heritage resource by
the city council and any area within the city may be designated a
heritage resource district by the city council pursuant to provisions
of this chapter if it meets the Criteria of the National Register
of Historic Places, or one or more of the following:
(a)
It exemplifies or reflects special elements of the city's cultural,
social, economic, political, aesthetic engineering, architectural,
or natural history;
(b)
It is identified with persons or events significant in local, state,
or national history;
(c)
It embodies distinctive characteristics of a style, type, period,
or method of construction, or is a valuable example of the use of
indigenous materials or craftsmanship;
(d)
It is representative of the work of a notable builder, designer,
or architect;
(e)
It contributes to the significance of an historic area, being a geographically
definable area possessing a concentration of historic or scenic properties
or thematically related grouping of properties which contribute to
each other and are unified aesthetically or by plan or physical development;
(f)
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 Sunnyvale;
(g)
It embodies elements of architectural design, detail, materials,
or craftsmanship that represents a significant structural or architectural
achievement or innovation;
(h)
It is similar to other distinctive properties, sites, areas, or objects
based on a historic, cultural, or architectural motif;
(i)
It reflects significant geographical patterns, including those associated
with different eras of settlement and growth, particular transportation
modes, or distinctive examples of park or community planning;
(j)
It is one of the few remaining examples in the city, region, state,
or nation possessing distinguishing characteristics of an architectural
or historic type or specimen;
(k)
With respect to a local landmark, it is significant in that the resource
materially benefits the historical character of a neighborhood or
area, or the resource in its location represents an established and
familiar visual feature of the community or city;
(l)
With respect to a local landmark district, a collective high integrity
of the district is essential to the sustained value of the separate
individual resources;
(m)
With respect to a designated landmark and designated landmark district,
the heritage resource shall meet Criteria of the National Register
of Historical Places, which are incorporated by reference into this
chapter.
(Prior zoning code § 19.80.060; Ord. 2623-99 § 1)
Heritage resources and heritage resource districts shall be
designated by the city council in the following manner:
(a)
The heritage preservation commission, city council, or owners or
the authorized agents of the owners of property for which designation
is requested may request the designation of an improvement as a heritage
resource or a heritage resource district, as the case may be, by submitting
an application for such designation to the director of the department
of community development.
(b)
Each proposal shall be considered by the heritage preservation commission at a noticed public hearing. In addition to the requirements of Section 19.98.040 (Public notice), notice of the time and place of each public hearing by the heritage commission shall be provided by certified mail to the owners of property for which designation is requested.
(c)
The commission may continue a hearing but not in excess of thirty
days from the date originally established for such hearing provided
that such thirty day period may be extended by mutual consent of the
commission and the party submitting the application. A party's consent
to an extension of such period shall be presumed unless timely objection
is made thereto within the thirty day period by the party or at the
time the matter is continued beyond such period. A record of pertinent
information presented at the hearing shall be maintained and made
available to the public as a public record.
(d)
The heritage preservation commission shall recommend to the city
council approval, disapproval or approval with modifications of the
application for designation.
(e)
Prior to recommending approval or approval with modifications, the
heritage preservation commission shall find:
(1)
That the proposed heritage resource, or heritage resource district,
has significance;
(2)
That the proposed designation may be made without imposing an undue
hardship upon the owner(s) of the property; and
(3)
That approval or approval with modification(s) of the application
is consistent with the purpose and criteria of this chapter.
(f)
After receiving a recommendation from the commission, the city council shall hold a public hearing. In addition to the requirements of Section 19.98.040 (Public notice), notice of the time and place of the city council hearing shall be provided by certified mail to the owners of property for which designation is requested.
(g)
Upon the conclusion of the hearing, the city council may approve,
disapprove, or approve with modifications the proposed designation
as a heritage resource or heritage resource district.
(h)
Following approval of the designation, the director of community
development shall send to the owner of the property so designated
a letter outlining the basis for such designation, and the regulations
resulting from such designation. The director may also forward a copy
of the letter to any other department or agency requesting it or that
the director considers affected by the designation.
(Prior zoning code §§ 19.20.330, 19.80.070(a); Ord. 2623-99 § 1; Ord. 3043-14 § 11)
(a)
Within the overall category of historic resources, the city recognizes
three levels of significance, ranked in descending from most significant
as follows:
(b)
Designated heritage resources and heritage resource districts are those resources that have been designated by both the city and the state or federal government as historically significant. Any person desiring to reconstruct, demolish, relocate or modify a designated heritage resource/district must first apply for a resource alteration permit, as described in Section 19.96.090, as well as comply with all state or federal requirements.
(c)
No person shall carry out or cause to be carried out on a landmark or in a landmark district any material change in exterior appearance of such landmark or landmark district through alteration, construction, relocation, or demolition without a landmark alteration permit issued by the heritage preservation commission as described in Section 19.96.090.
(d)
No person shall carry out or cause to be carried out on a heritage resource or in a heritage resource district any material change in exterior appearance of such resource or district through alteration, construction, relocation, or demolition without a resource alteration permit issued by the heritage preservation commission as described in Section 19.96.095. Minor modifications to heritage resources or heritage resource districts may be processed by city staff through the miscellaneous plan permit process set forth in Section 19.82.030(a) of this code; provided, however, that appeal of such decision shall be made to the heritage preservation commission rather than the planning commission, and the decision of the heritage preservation commission shall be final.
(Ord. 3050-14 § 10)
The use of any landmark or landmark district shall not be changed,
nor shall any multiple residential use be allowed of a landmark or
of or in a landmark district unless a special development permit is
first issued by the city.
(Prior zoning code § 19.80.080; Ord. 2623-99 § 1)
Exceptions from dimensional requirements may be granted by the heritage preservation commission in conjunction with a landmark alteration permit filed in accordance with Section 19.96.090.
(a)
Reconstruction of a landmark or a structure within a landmark district
shall be exempt from setback and height requirements if rebuilt as
originally constructed.
(b)
Additions to landmarks or structures within landmark districts may
be granted exceptions from dimensional requirements provided that
the following findings can be made:
(1)
The proposed work will not adversely affect the exterior architectural
characteristics or other features of the landmark, nor adversely affect
the character of historical, architectural or aesthetic interest or
value of the landmark and its site; and
(2)
In landmark districts, the proposed work will not adversely affect
the exterior architectural characteristics, nor adversely affect its
relationship in terms of harmony and appropriateness, with its surroundings,
including neighboring structures, nor adversely affect the character,
architectural or aesthetic interest or value of the district.
(Prior zoning code § 19.80.085; Ord. 2623-99 § 1)
(a)
No person shall carry out or cause to be carried out on a landmark
or in a landmark district any material change in exterior appearance
of such landmark or landmark district through alteration, construction,
relocation, or demolition without a landmark alteration permit issued
by the heritage preservation commission.
(b)
The department of community development shall maintain with the building
inspection division a current record of designated landmarks and landmark
districts. When an application for a permit which indicates possible
material change to the exterior architectural features of the building,
structure or landmark is received, an application for a landmark alteration
permit shall be required.
(c)
The director of community development shall forward all applications to the heritage preservation commission. Upon receipt of an application for a landmark alteration permit, the commission shall hold a public hearing. Notice of the time and place of each public hearing by the heritage preservation commission sh all be provided in accordance with Section 19.98.040 (Public notice).
(d)
The commission in considering the appropriateness of the landmark
alteration application shall consider, among other things, the purposes
of this chapter and the historic architectural value and significance
of the landmark or landmark district, as well as present and prospective
effects or hardships upon the owners and occupants of the affected
properties. The commission shall take into consideration exterior
architectural features of the building or structure in question, other
buildings within a landmark district, and the position of such building
or structure in relation to the street or public way and to other
buildings and structures. The United States Secretary of the Interior's
"Guidelines for Rehabilitation" shall provide base criteria for evaluating
proposed alterations to a landmark structure.
(e)
The commission may approve, approve with modifications, or disapprove
the application.
(f)
Prior to the approval, or approval with modifications, the commission
shall find that:
(1)
The action proposed is consistent with the purposes of this chapter;
and
(2)
The action proposed will not be detrimental to a structure or feature
of significance as a heritage resource;
(3)
The applicant has demonstrated that the action proposed is necessary to correct an unsafe or dangerous condition on the property pursuant to Section 19.96.110; or
(4)
The applicant has demonstrated that denial of the application will result in immediate, undue, or substantial hardship pursuant to Section 19.96.120.
(5)
If all of the findings in subsections (f)(2) through (f)(4) of this
section are not made, the permit shall be denied.
(g)
The commission may continue action on landmark alteration permits
for two meetings, not to exceed fifty-five days from the date of the
public hearing for purposes of reaching a mutually acceptable solution
in keeping with the criteria of this chapter. If at the end of that
time a mutually acceptable solution has not been achieved, the application
shall be finally granted or denied.
(h)
Within seven days following upon approval of an application, the
commission shall issue a landmark alteration permit, one copy of which
shall be forwarded to the applicant, one copy of which shall be retained
in the files of the department of community development and one copy
of which shall be forwarded to the building inspection division. In
addition, a copy shall be forwarded to any other requesting department
or agency which will be affected by the permit.
(i)
The applicant may appeal the action of the commission to the city
council.
(Prior zoning code §§ 19.80.090(a), (b),
19.80.090(d), 19.80.090(e)—(j); Ord.
2623-99 § 1; Ord. 3043-14 § 12)
(a)
No person shall carry out or cause to be carried out on a heritage
resource or in a heritage resource district any material change in
exterior appearance of such resource or district through alteration,
construction, relocation, or demolition without a resource alteration
permit issued by the heritage preservation commission.
(b)
The department of community development shall maintain with the building
inspection division a current record of heritage resources and districts.
When an application for a permit which indicates possible material
change to the exterior architectural features of the building, structure
or district is received, an application for a resource alteration
permit shall be required.
(c)
The director of community development shall forward all applications
to the heritage preservation commission. Upon receipt of an application
for a resource alteration permit, the commission shall first consider
whether the resource is historically or culturally significant, based
upon evidence submitted by staff and the applicant to aid its determination.
In the event the commission finds the resource is not culturally or
historically significant, it shall return the application to the department
of community development for processing in accordance with other relevant
city procedures.
(Ord. 2780-05 § 1)
(a)
Applicants for permits authorizing demolition of any structure listed
within the latest edition of the city of Sunnyvale's Local Register
of Heritage Resources shall show, prior to issuance of such a permit,
that they have advertised such structure as being available for removal
or relocation intact.
(b)
A program of advertising shall be considered to meet the requirements
of this section if it continues for sixty consecutive days, both:
(1) as a display or classified advertisement of a character commensurate
with the significance of the affected structure, published not less
frequently than once each week during the sixty-day period within
one or more Bay Area daily periodicals having substantial circulation
within the South Peninsula area; and (2) as one or more signs on the
affected premises, legible from the public right-of-way. Each such
advertisement or sign shall indicate the Sunnyvale director of community
development, or the director's designee, and the telephone number
of such official, as a source of further information.
(c)
The owner of any affected structure shall be entitled to make its
availability contingent upon such reasonable conditions as are calculated
to protect the owner, the city of Sunnyvale, and other interested
parties from damage or loss of any nature, to protect the structure
from excessive damage, and to permit the owner to select among competing
relocation or removal proposals.
(d)
At least sixty days prior to issuance of a permit authorizing demolition
or relocation of any structure described in this section, the owner
thereof shall provide written notice of proposed demolition or relocation
plans to the Sunnyvale heritage preservation commission, in care of
the director of community development.
(Prior zoning code § 19.80.095; Ord. 2623-99 § 1)
None of the provisions of this chapter shall be construed to
prevent any measures of construction, alteration, removal, demolition
or relocation 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 chief of the department of public safety; provided, however, that
when the structure is a landmark or is in a landmark district, and
where the proposed measures have been declared necessary by such official
to correct the condition, only such work as is necessary to correct
the unsafe or dangerous condition may be performed pursuant to this
section. The commission shall be informed of such work in advance
whenever practicable.
(Prior zoning code § 19.80.100; Ord. 2623-99 § 1)
The commission may approve a landmark alteration permit or resource
alteration permit to carry out construction, demolition, material
change or relocation of a landmark or in a landmark district, or heritage
resource, or in a heritage resource district, if the applicant presents
facts clearly demonstrating to the satisfaction of the heritage preservation
commission at a public hearing that failure to receive such approval
will cause an immediate undue and substantial hardship. If hardship
is found to exist under this section, the commission shall make a
written finding to that effect, and shall also specify in writing
the facts relied upon in making such finding.
(Prior zoning code § 19.80.110; Ord. 2623-99 § 1; Ord. 2780-05 § 1)
Nothing in this chapter shall be construed to prevent the ordinary
maintenance or repair of any exterior architectural feature in or
on any property covered by this chapter that does not involve a change
in design, material or external appearance thereof, nor does this
chapter prevent the construction, reconstruction, alteration, restoration,
demolition or removal of any such feature when the building official
certifies to the commission that such action is required for the public
safety due to an unsafe or dangerous condition which cannot be rectified
through the uses of the State Historical Building Code, as set forth
in Section 18950 et seq., of the California Health and Safety Code
as the same exists or may hereafter be amended.
(Prior zoning code § 19.80.120; Ord. 2623-99 § 1)
The owner, occupant, or other person in actual charge of a landmark
or an improvement, building or structure in a landmark district shall
keep in good repair all of the exterior portions of such improvement,
building or structure; all of the interior portions thereof when subject
to control by reason of designation or permit; and all interior portions
thereof whose maintenance is necessary to prevent deterioration and
decay of any exterior architectural feature. It shall be the duty
of the director of community development to enforce this section.
(Prior zoning code § 19.80.130; Ord. 2623-99 § 1)
Following the filing of an appeal of an action by the heritage
preservation commission, the city council shall schedule a public
hearing to be held no later than thirty days after the notice of appeal
is filed, and shall render its decision within thirty days of the
hearing date.
(Prior zoning code § 19.80.140; Ord. 2623-99 § 1)
In addition to the regulations of this chapter, other chapters
of the code and other provisions of law which govern the approval
or disapproval of applications for permits or licenses covered by
this chapter, the director of community development shall have the
authority to implement the enforcement thereof by any of the following
means:
(a)
Serving notice requiring the removal of any violation of this chapter
upon the owner, agent, occupant or tenant of the improvement, building,
structure or land.
(b)
Calling upon the city attorney to institute any necessary legal proceedings
to enforce the provisions of this chapter, and the city attorney is
hereby authorized to institute any legal actions toward that end.
(c)
Calling upon the director of public safety and authorized agents
to assist in the enforcement of this chapter.
(d)
In addition to any of the foregoing remedies, the city attorney may
maintain an action for injunctive relief to restrain or enjoin or
to cause the correction or removal of any violation of this chapter,
or for an injunction in appropriate cases.
(Prior zoning code § 19.80.150; Ord. 2623-99 § 1)
