agenda: 5. 1 council

AGENDA: January 24, 2012 5. 1COUNCIL

CATEGORY: Public Hearing

REPORTDEPT.: Community Development

crry OF MOUNTAIN VIEWTITLE: Historic Incentives

RECOMMENDATION

Introduce AN ORDINANCE AMENDING CHAPTERS 28, 36 AND 41 OF THE MOUNTAIN

VIEW CITY CODE RELATED TO INCENTIVES FOR THE PRESERVATION OF HISTORIC

RESOURCES, to be read in title only, further reading waived, and schedule the secondreading for February 14, 2012.

FISCAL IMPACT

The proposed amendments would result in the potential for reduced impact and review fees

the City could receive from developers of certain residential projects involving historicresources. There is insufficient data available to estimate the reduced fee revenue, for the

proposed amendments. However, the report provides a case study for the 445 CalderonAvenue project later in the report.

BACKGROUND

Historic preservation is an identified goal in the 1992 General Plan and the draft 2030 GeneralPlan. The current General Plan states that historic buildings "link the present with the past

and are a visual record of Mountain View's history." In 2004, the City Council adopted aninventory of historic resources, referred to as the Mountain View Register of HistoricResources, in addition to a set of historic preservation regulations (see Attachment 2—Historic Ordinance and Mountain View Register of Historic Resources). These regulationsinclude incentives for owners of historic resources, which are summarized below:

Variances and Zoning Exceptions—Utilized for projects where zoning requirementsconflict with historic preservation objectives.

Use of the State Historic Building Code—The California Historic Building Code (CHBC)recognizes the unique construction issues inherent in maintaining and adaptivelyreusing historic buildings. The CHBC provides alternative building standards for workon qualified historical structures.

Mills Act Contracts—A contract between the property owner of an historic resource andthe City which allows the County Tax Assessor to reassess the property at a lowerproperty value as an incentive of maintaining the resource, which then results in a lowerproperty tax assessment that is paid each year to the County. Property owners cantypically see a 50 percent to 80 percent property tax savings with a Mills Act contract.

AGENDA: January 24, 2012PAGE: 2

Property Tax Rebate Program— A contract between the property owner of an historicresource and the City which does not reassess the property. Instead, the property ownerpays the property taxes at the standard rate to the County, and then submits those paidreceipts to the City for reimbursement of that portion of the property tax that the Citygets each year from the County, which is typically 16 percent of the total amount paid tothe County Tax Assessor.

Historic Rehabilitation Loan Fund—The Historic Rehabilitation Loan Fund was

envisioned with the adoption of the Ordinance to help contribute funds to propertyowners for the preservation and rehabilitation of historic resources. The loan fund was

never established or funded.

These incentives, particularly the Mills Act and Property Tax Rebate Program, are mostbeneficial to single- family homeowners because they offset the added cost of maintenance foran historic structure with a long- term reduced property tax.

Surrounding communities, such as Sunnyvale and Palo Alto, also have historic ordinancesand local registers with regulations geared towards the preservation of historic resources and

preservation incentives. Generally, Mountain View provides comparable incentives andbenefits to owners of historic resources.

During the review of two proposals involving historic structures ( 445 Calderon Avenue onSeptember 27, 2011 and 300 Chiquita Avenue on November 15, 2011), the Council was

introduced to situations where existing regulations and fees make it more challenging topreserve historic resources. Recognizing the competing public interests of historicpreservation and associated development impact fees related to affordable housing and parkin-lieu fees, the Council directed staff to explore opportunities to provide flexibility fromcertain impact fees for projects that retain historic resources.

ANALYSIS

This report outlines areas of additional: (1) regulatory flexibility; and (2) reduced fees toprovide additional incentives for historic preservation (see Attachment 1— Draft Ordinance

and Text Amendments).

Regulatory Flexibility

As stated above, the Zoning Ordinance currently provides the City with flexibility to allowvariances for historic projects. On a case-by-case basis, an applicant can be granted variancesfrom zoning standards if they are necessary to preserve an historic resource. Additionalflexibility from zoning standards is not necessary.


On November 15, 2011, the Habitat for Humanity proposal at 300 Chiquita Avenue waspresented to Council. The Chiquita Avenue project has an existing historic residence that wasdivided into six small apartment units. Habitat for Humanity has inquired about whetherthis six- unit building can be converted into two ownership-condominium units, which wouldallow for the historic structure to be retained. This proposal meets the definition of

condominium conversion and the City Code prohibits any condominium conversion in astructure with six or fewer units. Small conversions are prohibited by ordinance for severalreasons, primarily because the majority of existing apartment sites with fewer than six unitsdo not meet various zoning requirements for setbacks, parking and open space. In the case ofhistoric structures and affordable housing projects, there are community benefits thatoutweigh the potential zoning inconsistencies that cart occur with smaller condominiumconversions.

Amendment 1: Allow for a condominium conversion of six or fewer units as part of an

affordable housing project if located in an historic resource in conjunction with an HistoricPreservation Permit.

This amendment would allow Habitat for Humanity to apply for a condominium conversionas part of their project. Approval of this amendment is not a decision on the 300 Chiquita

Avenue project.

Reduced Fees

City fees are based on the identified need to provide a certain service to the community,including review fees for development applications and park land, and affordable housingfees for development projects. This topic was raised during the September 27, 2011 hearingon the 445 Calderon Avenue project. The project involved the relocation and restoration of

the majority of an existing historic home on-site. Council approved the 19- unit project anddirected staff to study additional financial incentives for historic preservation.

Review Fees

The Planning Division currently does not charge project application fees for HistoricPreservation Permits, but does charge for other applications associated with the Historic

Preservation Permit. In addition, there are review fees from the Building Division and thePublic Works Department that can be applied to projects as well.

Amendment 2: Allow reduced or waived Planning, Building and Public Works review feesfor staff time reviewing the relocation, preservation and rehabilitation of the historic resourceassociated with an Historic Preservation Permit (minor fiscal impact).

Funds collected for outside CEQA consultants and plan checkers will not be eligible for

reductions.

AGENDA: January 24, 2012PAGE 4

Below- Market- Rate ( BMR) In- Lieu Fees

The City's BMR Housing Program (Chapter 36— Zoning Ordinance) provides the City with asupply of affordable housing for those who would not otherwise be able to afford housing inMountain View. The program is implemented through the requirement of affordable units

within projects or the payment of an in-lieu fee of 3 percent of the sales price of each unit.

Typically, the City has collected BMR in-lieu fees and used those funds for the construction ofaffordable housing projects throughout the City, such as the downtown affordable housingproject that was approved by Council at 135 Franklin Street or the pending affordablehousing project at 300 Chiquita Avenue that was previously described.

Amendment 3: Allow residential projects to include the cost of preserving an historicresource as a basis for requesting up to a 100 percent reduction in BMR in- lieu fees ( minorfiscal impact).

The current ordinance lacks any time line for the appeal of a BMR condition. As part of thisproposed amendment, a definitive appeal time line of 10 days of the notice of decision is

established. This amendment is not directly related to historic incentives and had beenplanned for the next round of miscellaneous Zoning Ordinance amendments. The historicincentives amendments provided an opportunity to introduce this now.

Amendment 4: Establish a time line for the appeal of a BMR condition.

Park Dedication In- Lieu Fees

The City's park land requirements (Chapter 41— Park Land Dedication or Fees In-LieuThereof) require new residential developments in the City to provide additional park areaneeded by future residents of the project at a rate of about 1 acre of land for every 167 units.Fees can be paid in-lieu of land dedication. For most projects, the City collects in-lieu fees,which go toward the City's purchase and improvement of new park land.

Amendment 5: Allow residential projects that include an historic resource the potential to

request up to a 50 percent credit to their Park Land Dedication In-Lieu fees.

Process

Proposed incentives would not be automatically given to applicants of Historic PreservationPermits, but would need to be requested and justified through the discretionary permitprocess. The incentives can also be given in part and would not necessarily be for themaximum amount, depending on the expected community value of the historic preservation.The appropriate amount of incentives and benefits would be determined on a case-by-casebasis.


For example, if the amendments were approved, the applicants for the 445 Calderon Avenue

project could request up to a 50 percent reduction in the required Park Land DedicationIn-Lieu fees, which would potentially amount to $114, 000, and up to 100 percent reduction inthe required BMR in-lieu fees, which would potentially amount to $550,000. These aremaximum potential in-lieu fee reductions and the actual amount would be reviewed and

decided through the discretionary permit process.

In the case of the 445 Calderon Avenue project, if the Council adopts these ordinance

amendments, the applicant is expected to request modifications to the conditions of their

previous approval for exemptions or credits toward BMR requirements; a reduction of Park

Land Dedication In-Lieu fees; and a density bonus to allow the addition of a kitchen to thehistoric house on-site which would then be counted as a low-income unit. By ordinance,these modifications can be acted on at an Administrative Zoning hearing.

Environmental Planning Commission

The Environmental Planning Commission (EPC) considered the proposed amendments to theZoning Ordinance at their meeting on December 14, 2011.

The applicants for the 445 Calderon Avenue project spoke at the hearing in support for theproposed incentives for historic projects. The EPC asked staff questions about the existinghistoric review process and how the in- lieu fees are calculated for development projects in

general.

The EPC was supportive of the proposed amendments due to the increased costs of

preserving and maintaining an historic structure. They also discussed whether it wasprudent for the City Council to be the final decision authority for Park Land DedicationIn-Lieu fee modifications instead of staff. The EPC recommended approval of the proposed

amendments with the modification that the City Council be the final approval authority forany reduction in Park Land Dedication In-Lieu fees, with a 5- 0 vote ( two Commissionersabsent).

Currently, the Park Land Dedication Ordinance effectively allows a fee credit to be providedthe final action body for the permit. The proposed amendments sought to keep the samereview process for credits associated with historic projects. In practice, the majority of projectapplications that would be eligible to request modifications to the Park Land Dedication

In-Lieu fee would already require City Council action. Also, any action of a lower body canbe appealed to the Council by any member of the public.

If the Council adopts EPC' s recommendation, then the 445 Calderon Avenue request for park-

fee reduction would have to be placed on a Council agenda.


CONCLUSION

The proposed Text Amendments to Chapters 28, 36 and 41 of the City Code will provideadditional benefits to projects that include historic resources and continue to preserve and

protect Mountain View' s historic resources and encourage their restoration.

PUBLIC NOTICING

Notice of this public hearing was published in the newspaper, mailed to interestedstakeholders, including all property owners on the Register, and mailed to all propertyowners within 300' of the 445 Calderon Avenue and 300 Chiquita Avenue properties. The

meeting agenda was advertised on Channel 26, and the agenda and staff report were postedon the City' s web site at www.mountainview.gov.

ALTERNATIVES

1. Approve the proposed amendments to Chapters 28, 36 and 41 based on the EPC

recommendation.

2. Approve some or all of the proposed amendments to Chapters 28, 36 and/ or 41 with

modifications.

3. Deny the proposed amendments to Chapters 28, 36 and 41 of the City Code.

Prepared by: Approved by:

Stephanie Williams Ran • s

Senior Planner Community Development Director•

Peter Gilli Daniel H. Rich

Zoning Administrator City Manager

SW-PG/ 6/ CAM

818- 01- 24- 12M-E^

Attachments: 1. Draft Ordinance and Text Amendments

2. Historic Ordinance and Mountain View Register of Historic Resources

Attachment 1

ORDINANCE NO.

AN ORDINANCE AMENDING

CHAPTERS 28, 36 AND 41 OF THE MOUNTAIN VIEW CITY CODE RELA I ED TO

INCENTIVES FOR THE PRESERVATION OF HISTORIC RESOURCES

WHEREAS, the proposed amendments are consistent with the General Plan; and

WHEREAS, the proposed amendments would not be detrimental to the public

interest, health, safety, convenience or welfare of the City; and

WHEREAS, the proposed amendments are internally consistent within theirChapters; and

WHEREAS, on December 14, 2011, the Environmental Planning Commission helda duly noticed public hearing and thereafter forwarded its recommendation to the CityCouncil to amend Chapter 36 of the City Code related to the preservation of historicresources; and

WHEREAS, on January 24, 2012, having given notice as required by the MountainView City Code, the City Council held a public hearing to consider amendments toChapters 28, 36 and 41 of the Code related to the preservation of historic resources; and

WHEREAS, the proposed amendments are categorically exempt under theCalifornia Environmental Quality Act( CEQA) pursuant to Section 15307— Actions byRegulatory Agencies for the Protection of Natural Resources;

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW

DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Article X, Section 36. 88 of Chapter 36 is hereby amended to read asfollows:

SEC. 36. 88. Exemptions and appeals.

1. Exemptions—Historic resources. Exemptions from, or credit toward, BMR

requirements may be granted for certain historic resources pursuant to Sec. A36. 78. 70.

42. Appeals. Appeals of a BMR condition in a zoning permit or parcel orsubdivision map shall be made to the community development director or designee.

1-

a. Filing. All such appeals shall be submitted in writing and shallspecifically state the pertinent facts of the case and the basis of the appeal. An appeal ofthe BMR condition shall be filed within ten (10) calendar days of the notice of decision.

b. Appeal hearing. The director or designee shall hold a public hearing toconsider any appeals in accordance with the procedures of this chapter,Sec. A36.54A36.80.100, et at.

c. Appeal of decision. Appeals of the any decision of the communitydevelopment director or designee on the appeal of a BMR condition may be made to thecity council. An action of the director appealed to the council shall not become finalunless and until upheld by the councili„ accordant, with thI3 chapter, Article XIII,

d. Criteria. The community development director or designee and the citycouncil may grant an appeal of the BMR condition based upon a showing that applyingthe BMR program requirements would result in an unconstitutional taking of propertyor would result in any other unconstitutional result. The appeal may be approved onlyto the extent necessary to avoid an unconstitutional result, after adoption of writtenfindings and based on legal analysis provided by the city attorney.

e. Applicability. This provision shall not apply to any residential projectsfor which a building permit has been issued prior to the effective date of thisordinance."

Section 2. Article XIII, Section A36.78. 070 of Chapter 36 is hereby amended to readas follows:

SEC. A36.78. 070. Incentives and benefits.

a. Historic resources are eligible for special incentives and benefits as

determined and adopted by the city council. The availability of the following incentivesand benefits is contingent upon the determination that the approval, exemption or

benefit will protect and enhance the character- defining features or retention of thehistoric resource.

1. Variances pursuant to Sec. A36.567950, et seq.;

2. Major floor area ratio exceptions pursuant to Sec. A36. 12. 0304(A)( 4);

3. Setback and minor floor area exceptions pursuant to Sec. A36. 12.040. 1;

4. Exemptions from nonconforming uses and structures pursuant toSec. 36.29;

2-

5. Exceptions from requirements of the Downtown Precise Plan;

6. Use of the State Historic Building Code; and

7. Mills Act contracts; and

8. Exemption from planning, building and historic preservation permitfees related to the historic resource, including, but limited to, the relocation,preservation and rehabilitation of the Historic Resource.

9. Credit for BMR program requirements, including BMR units and in- lieufees, where the historic resource is preserved or rehabilitated as part of a residential

development.

10. Credit toward park land dedication or fees in lieu thereof.

11. Approval for condominium conversions of six ( 6) residential units or

less in a single historic resource.

b. The council may also, by resolution or on a case- by-case basis during a publichearing process, determine which of the following additional incentives and/ or benefitsare appropriate. The incentives and benefits thereby granted shall only be effectiveduring the maintenance of the historic resource.

1. Historic building rehabilitation loan fund; and

2. Rebate of the City of Mountain View portion of the property tax duringthe designation period. The city' s finance and administrative services director shalldevelop a procedure to facilitate this rebate. The rebate shall be based on the propertyowner' s/ property owners' application for the benefit and may be granted on aprospective basis only."

Section 3. Section 41. 11 of Chapter 41 is hereby amended to read as follows:

SEC. 41. 11. Credit.

a. Private Open Space. Where private open space is provided in a proposed

residential development, and where the developer has submitted a written request at

the time of the submittal of the planning applications pursuant to subsection bc.1 of thissection, for a credit against the amount of park land dedication or the amount of the

in- lieu fee thereof, a maximum credit of fifty (50) percent of the value of the landdevoted to private open space that is eligible for credit may be given against therequirement of land dedication or fees in lieu thereof required by this chapter, if the

3-

public works director, community development director, subdivision committee or citycouncil, as appropriate to the application, finds that it complies with this section and

that it is in the public interest to do so.

21. Standards.

4a. Yards, court areas, setbacks, decorative landscape areas required

with residential site design and other open areas required to be maintained by a preciseplan, zoning and building ordinances and regulations shall not be included in thecomputation of such private open space.

3b. The private open space shall be devoted to active recreational uses,

as defined below, and shall be wholly or partially owned and maintained by the futureresidents of the development. The private ownership and maintenance of the openspace shall be restricted for said use by recorded written agreement, conveyance orrestrictions subject to the review and approval of the city attorney.

3c. The space shall be reasonably adapted for use for recreationalpurposes, taking into consideration such factors as size, shape, topography, geology,access and location, and the developer must propose and agree to design and construct

the necessary recreational and park facilities and improvements associated with eachelement of the private open space set forth below; said facilities and improvements shall

be constructed prior to the issuance of an occupancy certificate for the units that arereceiving the credit.

4d. Facilities proposed for the open space shall be in substantial

compliance with the provisions of the Open Space section of the Environmental chapterof the General Plan.

5e. ( a1) The open space must contain at least four (4) of the followingseven (7) elements:

4a) Turfed play field: The play field shall be a single unit ofland which is generally level and free of physical barriers which would inhibit groupplay activities;

2b) Children's play apparatus area;

3c) Landscaped, park- like quiet area;

4d) Family picnic area;

5e) Game court area;

4-

60 Swimming pool;

Fg) Recreation center buildings and grounds.

b:2) The combined minimum acreage for a facility is one ( 1. 0) acreand shall be a single, contiguous unit of land.

6f. The shape and location of the open space shall provide the greatest

utility possible to the greatest number of residents of the development for which creditis sought. If limited access recreation areas are proposed, their credit value can only beapplied against the park fee obligation generated by those residents with access to thesaid recreation area.

7g. Irregularly shaped pieces of property of less than optimum utilityor burdened by topographic considerations that render them unsuitable for activerecreational uses shall not be eligible for credit.

b. Historic resource. Where an historic resource is preserved or rehabilitated as

part of a residential development and where a developer has submitted a writtenrequest pursuant to subsection c. 1 of this section, for a credit against the amount of park

land dedication or the amount of the in- lieu fee thereof. The credit may be givenagainst the requirement of land dedication or fees in lieu due on the residential

development, required by this chapter, up to a maximum of fifty (50) percent of thevalue of the land dedication or fees in lieu thereof required by this chapter. This section

may also apply to the relocation of an historic resource provided it is preserved orrehabilitated in conjunction with the relocation. The credit may be awarded by the

public works director, community development director, subdivision committee or citycouncil, as appropriate to the application, if it is found that the application complieswith the section and that it is in the public interest to do so.

c. Process.

1. The developer, as part of the application for a credit, shall file an

application for an Iistoric Preservation Permit pursuant to Sec. A36.78. 080.

2. The developer, in conjunction with the application for an HistoricPreservation Permit shall s• ecif the credit bein• sou- ht.

3. Before credit is given, the community development director, ordesi• nee shall make written findin_s that the above standards are met.

5-

4_ The timing for the credit determination depends on the type of permitsand entitlements sought. Upon their request, the developer( s) will be advised as part of

the application process as to when the determination will be made."

Section 4. Article VII, Section 28.72 of Chapter 28 is hereby amended to read asfollows:

SEC. 28. 72. Permit.

In addition to filing a Tentative Map or preliminary parcel map required forcondominium conversion projects pursuant to Sec. 28. 68 of Article VI, a Development

Review Permit in accordance with Sec. A36.52 or a Planned Community Permit inaccordance with Sec. A36.68 of Chapter 36, Mountain View City Code, shall be requiredfor condominium conversions. Permit applications shall be processed pursuant to

Sec. 28. 74.

a. No permit application for residential condominium conversion shall be

accepted and no permit will be issued unless a preliminary determination has beenmade by the community development director that the application meets therequirements of Article IX of Chapter 28, the Conversion Limitation Act. If the

community development director so determines, the application may be processed;however, the determination of eligibility shall not be final until approved by the citycouncil. Conversions, demolitions and apartments/ rentals with maps shall be counted

in determining compliance with the Conversion Limitation Act.

b. No Tentative Map or preliminary parcel map for condominium conversionsshall be filed and no tentative or preliminary map shall be approved without theapproval of a permit application under this section.

c. Exclusions. No conversion of units may be applied for or approved unlessthe units are all of the same housing type (e.g., not mixed types of units); wereconstructed as an integrated project; and built as either apartments or townhouses.

Complexes which have a mixed unit type or are of soft-story construction are noteligible for conversion to condominiums. Duplex units to six-plex units constructed in a

single structure are not eligible for conversion, unless located in an Historic Resource."

Section 5. The provisions of this ordinance shall be effective thirty (30) days fromand after the date of its adoption.

Section 6. If any section, subsection, sentence, clause or phrase of this ordinance isfor any reason held to be unconstitutional, such decision shall not affect the validity ofthe other remaining portions of this ordinance. The City Council hereby declares that itwould have passed this ordinance and each section, subsection, sentence, clause or

6-

phrase thereof, irrespective of the fact that any one or more sections, subsections,sentences, clauses or phrases be declared unconstitutional.

Section 7. Pursuant to Section 522 of the Mountain View City Charter, it is orderedthat copies of the foregoing proposed ordinance be posted at least two (2) days prior toits adoption in three (3) prominent places in the City and that a single publication bemade to the official newspaper of the City of a notice setting forth the title of theordinance, the date of its introduction, and a list of the places where copies of the

proposed ordinance are posted.

TIME FOR JUDICIAL REVIEW:

The time within which judicial review of this document must be sought is

governed by California Codc of Procedure Section 1094.6 as established by ResolutionNo. 3850 adopted by the City Council on August 9, 1983.

JLQ/ 5/ ORD010- 10- 17- 11o^

7-

Attachment 2

SEC. Ai 6. 76. 070

historic resources and encourage their restoration.

This program, by providing a system of voluntarycompliance and available incentives, will increase the

likelihood that historical resources are maintained,

restored, enhanced and protected and includes proce-

dures for protection of the environment which, absent

this program, may not exist. ( Ord. No. 1204,10/ 12/ 04)

SEC. A36.78.020. Definitions.

For the purpose of this article, the following wordsshall have the meanings set forth in this section:

a. " Character-defining feature" shall mean thedistinctive, tangible and physical features or elements

which contribute to the overall character of a struc-

ture.

b. " Exempt alteration" shall mean an alteration

or modification that is determined by the zoning ad-ministrator to have limited potential to affect the

character- defining features of a historic resource andshall include modifications to the interior, changes to

landscaping and the repainting ofpreviously paintedsurfaces, regardless of color. The zoning administra-tor may also determine that the following changes areexempt: maintenance or repair of windows, doors,

porch elements, chimneys and roofs with the same or

similar designs and materials whether or not the

change requires a building permitc. " Historic resource" shall mean any building,

structure, objector site that the city council has des-ignated for inclusion in the Mountain View Registerof Historic Resources.

d. " Mountain View Register of Historic Re-

sources," of " Historic Register," or `Register," or

Initial Register" shall mean the inventory of build-SEC. A36.78. Designation and preservation of ings, structures, objects and sites designated by the

Historic Resources. city council as Historic Resources pursuant to the

provisions of this ordinance and adopted by councilSEC. A36.78. 010. Council findings. resolution as amended from time to time. The Moun-

The city council finds and declares that the recog- taro View Register ofHistoric Resources shall be thenition, preservation, protection and use of historical city' s only ` local register of historical resources"resources is in the best interest of the health, prosper- under Public Resources Code Section 5024. 1.

ity, social and cultural enrichment and general wel- e. " Significant alteration" shall mean an ahem-fare of the city and furthers General Plan Goal G, tion or modification to the exterior that is determined

which is to preserve and protect Mountain View' s by the zoning administrator as having the potential to

608- 71 Mountain Vlmsupp. No.), 2s5) .

Ref: FC-40

SEC. A36. 78. 020

affect the character-defining features of the building. tions for designation must be accompanied by suchIt does not include removal ofnonhistoric features or historical and architectural information as is requiredadditions that may exist on a' Historic Resource. to allow city staff to make an infomied recommenda-Ord. No. 12. 04, 10/ 12/ 04) tion concerning the application. The application shall

be filed with the community development depart-SEC. A36.78.030. Preservation of resources. ment.

No person shall alter, modify, remove or destroy c. Initiation of individual Historic Resource

any Historic Resource designated pursuant to this by the council. The council may initiate the designa-article except in compliance with this article. ( Ord, tion by majority vote which will begin the reviewNo. 12. 04, 10/ 12/ 04) process. Within thirty( 30) days of the initiation of

the designation by the council, the city shall notifySEC. A36.78.040. Designation criteria. the property owner of such application. The applica-

A building structure, site or other improvement lion will be processed only if the property ownermay be designated as a Historic Resource and placed agrees in writing to such designation.on the Mountain View Register ofHistoric Resources d. Public bearings.

if the city council finds that it meets one or more of 1. Public hearing before zoning administra-the following criteria.. tor. For applications initiated pursuant to subset-

a. Is strongly identified with a person who, or tions( b) and( c) above, the zoning administratorshal]an organization which, significantly contributed to hold a public hearing in accordance with Sec.. A36. 80the culture, history or development of the City of ( Applications, Hearings and Appeals) to considertheMountain View; application. The zoning administrator shall review

b. Is the site ofa significant historic event in the the evidence in support of the application and deter-

city' s past; mine whether the property meets the criteria for des-c. Embodies distinctive characteristics signifi- ignation, and forward a recommendation to the city

cant to the city in terms of a type, period, region or council on whether the property should be placed onmethod of construction or representative of the work the Register.

of a master or possession of high artistic value; or 2. Public hearing before city council. Upond. Has yielded, or may be likely to yield, in- receipt of the zoning administrator' s recommenda-

formation important to the city' s prehistory or his- tion, the council shall hold a public hearing in accor-tory.( Ord. No. 12.04, 10/ 12/ 04) dance with Sec. A36. 80( Applications, Hearings and

Appeals). The council shall review the evidence in

SEC. A36.78.050. Designation process for support ofthe application and the recommendation of

Historic Register. the zoning administrator and determine whether thea. Initial Register. The city council may, by property meets the criteria for designation and make

resolution, adopt an" Initial Mountain View Register a final decision on whether the property should beof Historic Resources." Owners of properties on the placed on the Register.( Ord. No. 12. 04, 10/ 12/ 04)

Register will be notified by certified mail withinthirty( 30) days ofadoption of the ordinance provid- SEC. A36.78.060. Removal from Register.

ing for the designation and preservation of historic a. Removal from Initial Register. Within sixresources. If the council adopts a Historic Register, ( 6) months of the adoption of this ordinance, anyall properties, including those designated pursuant to property owner may submit a request in writing on athis section, shall be included in the Register. form approved by the community development dime-

b. Initiation by owner. The property owner tor, that then property be removed from the Register,may request designation of a building structure or The application for removal shall be signed by allother improvement as a Historic Resource. Applica-

nt...am Vicx Supp. No. 42-05) 608- 72

SEC. A36.78. 060

owners of the property. The director shall determine 3. Setback and minor floor area exceptions pur-whether the request for removal is in compliance suant to Sec. A36.12. 040. 3;with this article and shall grant the request if it corn- 4. Exemptions from nonconforming uses andplies with the requirements of this article. structures pursuant to Sec. 36. 29;

b. Removal from Register. Properties remain- 5. Exceptions from requirements of the Down-ing on the Register pursuant to Sec. A36. 78. 050.a, town Precise Plan;and following the six-month removal period, and 6. Use of the State Historic Building Code; andproperties entered on the Register pursuant to 7. Mills Act contracts.Sec. A36.78. 050( b),( c) and( d), shall remain on the b. The council may also, by resolution or on aRegister and cannot be removed for ten ( 10) years case-by-case basis during a public hearing process,from the initial designation. Every five ( 5) years determine which of the following additional incen-thereafter, on the anniversary of the designation, tives and/ or benefits are appropriate. The incentivesproperties may apply for removal. The application and benefits thereby granted shall only be effectiveshall be submitted and reviewed consistent with sub- during the maintenance of the Historic Resource.section( a), above. 1. Historic building rehabilitation loan fund;

c. Recapture of property tax incentive. The and

application for removal of the Historic Resource 2. Rebate of the City ofMountain View portionfrom the Register shall include a payment for prop- of the property tax during the designation period. Theerty tax rebates, with interest The city council, by city' s finance and administrative services directorseparate action, shill designate the appropriate inter- shall develop a procedure to facilitate this rebate. Theest rate. rebate shall be based on the property

d. Predemolition review. Prior to the issuance owner' s/ property owners' application for the benefitof a demolition permit for any building, which had and may be granted on a prospective basis only.been designated as a historic resource pursuant to ( Ord. No. 12. 04, 10/ 12/ 04)

Sec. A36. 78. 050, the applicant shall meet with citystaff to review the alternatives, incentives and op- SEC. A36.78. 080. Requirement of permit-tions to-demolition. The applicant shall be notified in Development review proc-writing of the time and place of the meeting within ess.

thirty( 30) days of filing a complete application for a a. Applicability. No person shall make a sig-demolition permit. The council may, by resolution, nificant alteration, redevelop, or relocate any struc-require additional historic buildings, not otherwise tire or improvement, or any portion thereof, upon adesignated, to go through this review process.( Ord. property designated as a Historic Resource on theNo. 12. 04, 10/ 12/ 04) Mountain View Register ofHistoric Resources with-

out first obtaining a" Historic Preservation Permit" orSEC. A36.78. 070. Incentives and benefits. HP permit. An HP permit shall remain in effect for

a. Historic resources are eligible for special four( 4) years from the date of approval.incentives and benefits as determined and adopted by b. Exceptions.the city council. The availability of the following 1. Exempt alteration. A Historic Preservationincentives and benefits is contingent upon the deter- Permit shall not be required for an exempt alteration.mination that the approval, exemption or benefit will The city council may, by resolution, adopt a list ofprotect and enhance the character-defining features alterations that are deemed to be exempt alterations.or retention of the building. 2. Hazardous or unsafe conditions.

1. Variances pursuant to Sec. A36.56. 050; Construction, alteration or demolition necessary to2. Major floor area ratio exceptions pursuantto correct the unsafe or dangerous condition of any

Sec. A36. 12. 030.4; structure, or other feature or part thereof,where such

608- 72. 1 Momulo View Supp Nc. 7, 2- on

SEC. A36.78.080

condition has been declared unsafe or dangerous, in e. Findings. The HP permit may be approvedwriting, by the building official or fire marshal and or conditionally approved if the following findingswhere said officials have declared the proposed are made:

measures necessary on an urgency basis to correct I. The proposed significant alteration will notthe condition. In no event shall any work be result in a substantial adverse change in the signitii-performed which is not absolutely necessary to canoe of the Historic Resource.correct the immediate danger created by the unsafe or 2, The proposed significant alteration maintainsdangerous condition, and such work shall be done and enhances the appearance of the community.with due regard for preservation of the appearance of ( Ord. No. 12. 04, 10/ 12/ 04)the structure involved.

3. Ordinary repair and maintenance. SEC. A36.78. 090. National and CaliforniaNothing in this section shall be construed to prevent Register properties.the ordinary repair and maintenance of any Alterations to buildings which are eligible for thearchitectural feature of a designated Historic National Register ofHistoricPlaces or the CaliforniaResource. The owner of a designated Historic Register of Historical Resources shall be reviewedResource shall keep and maintain in good condition pursuant to Sec. A36. 78. 080( a),( b),( c), ( d) and( e),and repair ad exterior portions of the resourceand all and except that the city council shall determineinterior portions whose maintenance is necessary to whether to grant an HP Permit and the council mustprevent deterioration and decay of the exterior find that the alteration is in substantial compliancefeature. withthe Secretary ofthe Interior' s Standards for the

c. Special submittal requirements. The Treatment ofHistoric Properties. If an HP Permit isapplication shall be submitted to the community granted, any structure proposed to replace a Historicdevelopment department and, in addition to the Resource shall be subject to design review and ap-application requirements of this division, shall proval by the city council.( Ord. No. 12. 04, 10/ 12/ 04)contain information and documentation, includingarchitectural drawings and specifications ( site plan, SEC. A36.78. 100. Application of other laws.elevations, floor plans and building materials); Nothing in this article shall be construed to abro-current photographs, sketches, drawings or other gate the California Environmental Quality Actdescriptive materials necessary to illustrate the ( CEQA) or any other state, federal or local law rela-proposed alteration; and any other information, five to the preservation of historical resources or thewhich could include an historical assessment by a environment.( Ord. No. 12. 04, 10/ 12/ 04)

professional consultant, as determined to be

necessary by the community development SEC. A36.78.110. Appeals.department for a complete and adequate application. Appeals to the zoning administrator or city coun-

d. Hearings and action. Applications for HP cil, as applicable, shall be filed and processed pursu-permits shall be initially reviewed by the Develop- ant to Sec. A36.80 ( Applications, hearings and ap-ment Review Committee ( DRC). The DRC shall peals).( Ord. No. 12. 04, 10/ 12/ 04)

forward a recommendation to the zoning administra-tor who shall hold a duly noticed public hearing inaccordance with Sec. A36. 80( Applications, Hearingsand Appeals).

I otmmis View sopp. No. 7, 2-05) 608- 72.2

MOUNTAIN VIEW REGISTER OF HISTORIC RESOURCESLast Updated December 6, 2011)

The following table represents those properties that remain on the Register after the April12, 2005, voluntary removal deadline. Those properties that opted to be taken off theRegister have also been included in the table for reference.

MOUNTAIN VIEW REGISTER OF HISTORIC RESOURCES

f

Off Register On Register Name YearProperty

BuiltType

1 Ada Avenue, 177 1900 unit

Bonita Avenue, 1 181 1930 unit

3 Bush Street, 206 James Shower house 1890 unit

Bush Street, 445 Haven Mason house 1 1930 unit

5 ! Bush Street, 469 1934 unit

6 Bush Street, 537 Minton house 1911 unit

7 Bush Street. 560 Cutter house 1928 unit

8 Calderon Avenue, 445 1880 unit

9 C alderon Avenue, 711 E. T. Johnson house 1900 unit

Willie Garliepp10 ' Calderon Avenue, 725

house1910 I unit

11 Calderon Avenue, 793 I Hattie Frank house 1932 I unit

12 California Street, 696 McDonald house . 1906 1 unit

13 California Street, 1560 1900 2 units

14 California Street, 1610 1900 3 units

15California Street, 1690

1920 I unitMills Act)

16 Castro Street, 124 Weilheimer Store 1874 commercial

Castro Street, 142- 156Rogers Building

17Mills Act)

Mountain View 1906 commercial

Hotel)

Castro Street, 169- 175

18 City Property Tax Ames building 1903 commercial

Rebate)

19 Castro Street, 191 Mockbee building 1906 commercial

20 Castro Street, 194- 198 Jurian building 1913 commercial

Castro Street, 200- 206First National Bank

21 Odd Fellows 1913 fraternalaka 819- 823 Villa St.)

building)

Castro Street, 201Farmers &

22 Merchants Bank 1905 commercialaka 761 Villa Street)1L_ building

23 Castro Street, 228Mountain View

1926 ', commercialTheater

24 Castro Street, 275 Swall building 1904 commercial

Castro Street, 279- 299

25 ( aka 762- 786 West Four Stores building 1922 commercialDana St.)

26 Castro Street, 298Searpa' s Meat

1908 commercialMarket

Chiquita Avenue, 251

27 City Property Tax 1915 I unit

Rebate)

28 Chiquita Avenue, 300 1905 3 units

1 -

Pet FC42


Property •Off Register On Register Name Year

TypeBuilt

29 Church Street, 334 Mancini house 1952 1 unit

30Church Street, 595 1930 I unitMills Act)

31 Church Street, 890 Masonic Tern. le 1925 fraternal

IDana Street W., 762- 786

Four Stores building 1922 commercialaka 279- 299 Castro St.)

Dana Street W., 996 1918 3 units

Diericx Drive, 2715 ' Levin Huff house 1925 I unit

Mills Act)

Eldora Drive, 185 Dunshee house 1930 1 unit

Eunice Avenue, 655 Blue& Gold Kennel 1920 I unitClub

Franklin Street, 350 1905 I unit

M1

Mills

Franklin Street, 3941890 I unit II

Mills Act)

38 Grant Road, 2221 1900 1 unit

Hope Street, 403 1915 1 unit39Mills Act)

Hope Street, 425

40 City Property Tax 1906 I unit

Rebate)

44 Hope Street, 582 St. Joseph' s Church 1929 church

42Latham Street, 1390 James Cochran

1912 1 unitMills Act) house

43Leghorn Street, 2019 Ambra Olive Oil '

1930 commercialaka 987 N. Renostorft) Com. any

aka

Leslie

13

E.

id0aka 113 E. Middlefield 1925 I unit

IRd.

Lloyd Way, 1655City Property Tax 1920 1 unit

Rebate)

45Loreto Street, 484 1924 • 1 unitMills Act)

46 Mari. osa Avenue, 201 Pierre Klein house 1920 I unit

47Mariposa Avenue, 336 •

Camp house 1900 1 unitMills Act)

Mariposa Avenue, 496 1920 1 unit48Mills Act)

First Church of "

49 Mercy Street, 596 Christ Science 1930 church

building

50 Mercy Street, 1074- 1076 1925 - I unit

51Middlefield Road E., 113 1925 I unitaka 280 Leslie CL)

Miramonte Avenue, 1927 convalescent

1855

53Moffet Boulevard, 157

Adobe Building • 1934 public facilityon NRHP)

54 Oak Street, 166 1900 1 unit

Oak Street, 3601924 I unit

55 Mills Act) I

2 -


Off Register On Register Name YeeYearProperty

BuiltType

56 Palo Alto Avenue, 296 1 1915 I unit

57 Palo Alto Avenue_329 1925 I unit

58 Palo Alto Avenue. 337 1930 1 unit

59 Palo Alto Avenue, 340 1900 2 units

Palo Alto Avenue, 390fi0 1930 I unit

Mills Act)

61 Pettis Avenue, 508 1920 I unit




65 Pettis Avenue, 552 I 1924 1 unit

66Pettis Avenue, 562



68 Pettis Avenue, 604 1880 1 unit

Rengstorff Avenue, N. 987 Ambra Olive Oil1930 commercial

aka 2019 Leghorn St.) Company69 Saint Giles Lane, 2682 Escolle house 1913 I unit

Shoreline Boulevard S.,

70 472 1910 1 unit

Mills Act)

Shoreline Boulevard N.,

71 3070 Rengstorff House 1867 public facilityon NRIIP)

72 ' Sleeper Avenue, 462 1900 I unit

73 _ Sleeper Avenue. 992 1920 I unit

74Tyler Park Way, 1531


75View Street, 322

McPheeters house 1910 I unitI Mills Act)

76 View Street, 327 1925 1 unit I

77 View Street, 344 Swall house 1908 1 unit

78 View Street, 392 Bates house 1904 ' 5 units

79 View Street, 435 L 1890 I unit80 View Street, 459 1920 I unit

81 Villa Street, 515 1890 I unit

Villa Street, 761Bank Building 1905 commercial

aka 201 Castro Street)

Villa Street, 819- 823First National Bank

aka 200- 206 Castro St.) Odd Fellows 1913 fraternal

I building)82 Villa Street, 902 Pearson house 1900__. commercial

83 Villa Street, 938 Weilheimer house 1905 commercial


85Villa Street, 1043

1904 ' I unitMills Act)

86 Villa Street, 1609 i 1926 1 unit87 Villa Street, 1643 1915 4 units

88 Villa Street, 1645 1915 1 I unit


90 Villa Street, 1852 1890 1 unit

MOUNTAIN VIEW REGISTER OF IHISTORIC RESOURCES

tProperty

Off Register On Register Name YearType

Built

Wright Avenue, 1074-91

10761875 1 unit

92Yosemite Avenue, 680

1923 I unitMills Act) 1

43 TOTAL

49 TOTAL41 privately- owned

properties plus 2 city-owned properties)

4 -

agenda: 5. 1 council

Documents