AN ORDINANCE OF THE CITY OF UNION CITY

AMENDING TITLE 18 OF THE MUNICIPAL CODE

BEING THE CITY OF UNION CITY ZONING ORDINACE

AT-3-97

THE CITY COUNCIL OF THE CITY OF UNION CITY DOES HEREBY ORDAIN AS FOLLOWS:

Section 1: Pursuant to Chapter 18.64 of the City of Union city Municipal Code, the City Council of the City of Union City does hereby find the textual change embodied in this ordinace necessary and desirable to achieve the purposes of Title 18 of the Municipal Code of the City of Union City and to promote the public health, safety, morals, comort, convenience, and general welfare of the residents of the City of Union City.

The Union City Municipal Code is hereby amended as follows:

Section 2: Title 18 is hereby amended as shown in Exhibit A to create Chapter 18.106, Landmark and Historic Preservation Overlay Zone, to address the protection, enhancement of structures, sites and areas that are identified as historically or culturally significant, and is attached hereto and incorporated herein as if fully set forth.

Section 3: Effective date: This Ordinace shall take effect thirty (30) days from the date of its passage. Before the expiration of fifteen (15) days after its passage, this Ordinance shall be published once in THE ARGUS, a newspaper of general circulation, printed and published in the County of Alameda and circulated in the City of Union City.

EXHIBIT A

LANDMARK AND HISTORIC PRESERVATION OVERLAY (LHP) ZONE

ARTICLE I. GENERAL CRITERIA

18.106.100 Statement of Purpose

The purpose of this chapter is to establish a Landmark Historic Preservation overlay (LHP) 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.

18.106.110 Definitions.

A. "Cultural Resource" means improvements, buildings, structures, signs, features, sites, scenic area, 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.

B. "Demolition" means any act or process that destroys in part or in whole an individual cultural resource, landmark, or other structure within a historic district:

C. "Historic District" means any delineated geographic area having historical significance, special character or aesthetic value chich 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.

D. "Landmark" means any site, including significant trees or other significant permanent landscaping located on a site, place, building structure, street improvements, 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.

E. "Qualified Historic Property" means a property must be listed on any official federal, state, county, or city register.

F. "Non-contributing propery" means a building, site, structure, or object that does not add to the historic architectural qualities, historic association, or archaeological values for which an historic district is significant because the propery:

1.was not present during the period of the district or the area's historic significance; or

2. no longer possesses historic architectural integrity due to alterations, disturbances, additions, or other changes; or

3. does not independently meet the designation criteria as defined in this title.

18.106.120 Powers and duties of Planning Commission.

The Planning Commission:

A. Shall recommend to the City Council, at 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 presentation of structures or other features where the Planning Commission has decided to suspend action on a permit application, as provided in 18.106.350.

D. Shall seek and consider comments from citizens interested in historic preservation when undertaking the powers and duties set forth in subsections (A), (B), and (C).

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 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 requires pursuant to Article III. Persons, groups, or organizations shall be added to this list upon their written request.

ARTICLE II. LANDMARKS AND HISTORIC,PRESERVATION OVERLAY (LHP) ZONE DESIGNATION

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 study. 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 18.106.240.

B. Designation proceedings may be initiated by written application of the owner of the property and other members of the public. In addition, proceedings may be initiated by resolution of the Planning Commision or the City Council.

C. Application for designation shall be filed with the Community Development Department upon forms prescribed by the Commity Development 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 days of the filing of the completed nomination application.

18.106.210 Procedure.

Except as provided by this division the proceedings for landmark and historic presentation overlay zone designation me the same as for my other zoning of land.

18.106.220 Hearings for designation of landmark sites or historic districts.

A. The Community Development Department staff shall determine whether the nomination application is complete. If complete, the application shall be referred to the Historic Preservation Committee for comments and review.

B. The Planning Commission shall hold a public hearing as set forth in 18.64.050 within thirty days of the Historic Preservation Committee's recommendation. The Planning Commission shall consider the Historic Preservation Committee's recommendation, and the degree of conformity of the proposed designation with the purposes and standards of this division and the general plan.

C. The Planning Commission shall make a recommendation to the City Council as set forth in 18.64.060.

D. The City Council shall set the matter for public hearing m set forth in 18.64.070. The Council may establish, amend or rescind a designation only by ordinance, after Planning Commission and Council hearings m required for original designations.

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 the owners of the property included therein.

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 m 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 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 architecture 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 or a neighborhood, community or the City of Union City; or

5. It is at least 45 years of age; or

B. It is one of the few among 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.

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 m 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 place in a new use that requires minimal changeto the defining characteristics of the building and its site and environment.

2. The historic character of a propery 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 conjectrual features or architectural element 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 contruction techniques or examples of craftmanship 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 phyical 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 whould be unimpaired.

ARTICLE III. PERMITS

18.106.300 Permit required.

A. No person shall perform my work listed below on a structure in the LHP zone without first obtaining architecture and site approval from the Community Development Director as set forth is sections 18.72.050 through 18.72.105:

1. Development permit for a second story additions to historical residences;

2. Exterior remodel or redesign of an historic residence; and

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 18.72.030 C.

At the Community Development Director's discretion, any of the above applications may be referred to the Planning Commission for review.

B. No person shall perform my work listed below without first obtaining architecture and site approval from the Planning Commission:

1. Exterior alterations for those historic properties not addressed under subsection A, above.

2. New construction or major modifications of my type on a landmark site or within a historic district "less excepted by the designating ordinance, or of a type which does not affect the exterior appearance of the site, district or my structure on the site or in the district.

3. Demolition of a designated landmark or other buildings within a historic district.

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 Community Development Director, applications shall also show the relationship of the proposed work to the environs.

18.106.320 Review, approval and appeals.

A. For every completed application for a permit as identified in 18.106.300 A, citizens, groups, and organizations, shall have fifteen (15) days to review the project and may recommend approval or disapproval, in whole or in part, to the Community Development Director. Any person aggrieved or affected by a rating of the Community Development Director regarding a minor residential development permit for a second story residential addition, remodel or redesign of an historic residence or a new accessory structure in an historic district, may appeal to the Planning Commission m set forth in section 18.72.090.

B. For every completed application for a permit as identified in 18.106.300 B, citizens, groups, and organizations shall have fifteen (15) 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.

C. The Planning Commission shall hear the permit application as set forth in Chapter 18.76

D. The Planning Commission shall consider my report and recommendation from interested citizens, groups, or organzations and shall ascertain whether the proposed wok 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 Commissions 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.

18.106.330 Permit findings.

In evaluating permit applications, the deciding body shall consider the architectural style, design, arrangement, texture, materials and color, and my 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 affect 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.

In any event applications shall not be granted for work which violates standards included in the designating ordinance.

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 loan, grants and reimbursements, changes in the zoning ordinance, as well as the possibility of change of use, have been explored to relive possible economic hardship.

B. Personal, family or financial difficulties, loss of prospective profits, and neighboring violations we not in and of themselves, justifiable hardships, but may be taken into account in determining the propriety of allowing demolition.

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 one hundred eighty (180) days. The Council may, by resolution, extend the suspension for an additional period not to exceed one hundred eighty (1 80) days, if the resolution is adopted not more than ninety (90) days and not less than thirty (30) days prior to the expiration of the original one-hundred eighty-day period. During the suspension period, the Planning Commission may consult with citizens, groups, organzations, consultants, and public agencies, make recommendations for acquisition of property by public or private bodies or agencies, explore the possibility of moving one (1) or more structures or other features, and take my other reasonable measures.

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.

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.

18.106.380 Applicability.

A. No application for a permit to construct, alter, demolish or remove my 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 me pending, provided, however, that if final action on the designation has not been completed one hundred eighty (180) days after initiation of designation proceedings, the permit application my be approved.

B. The regulations of this division 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.

18.106.390 Unsafe or dangerous conditions.

None of the provisions of this division shall prevent my 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 as 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, or other calamity, or by 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.

18.106.395 Duty to keep in good repair.

Th. owner, lessee, and my 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 my exterior portion.

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 home owners.

18.106.240 Building Code

Properties within the LHP zone shall be subject to the Historic Building Code, unless the property is a non-contributing structure.