Ordinance No. 1758
ORDINANCE NO. 1758
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADOPTING INTERIM MEASURES TO PROTECT STRUCTURES FROM
DEMOLITION ON 31 POTENTIALLY HISTORIC SITES AND DECLARING
THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY
ORDAIN the following:
Chapters:
I Findings
2 Purpose
3 Definitions
4 Demolition Prohibited
5 Approved Demolition or Removal
6 Economic Hardship
7 Appeal
8 Enforcement
9 Expiration
This ordinance shall take effect and be in force immediately after its passage.
Chapter 1:
Findings
The City Council finds and declares as follows:
In order to protect the public safety, health, and welfare, this ordinance is adopted as an
urgency interim ordinance pursuant to Government Code section 65858. It is important
to safeguard the heritage of the City by providing for the protection of irreplaceable
historic resources representing significant elements of its history. The public welfare is
threatened by the demolition of unprotected buildings which have, or potentially may
have, historical significance, prior to the adoption of a zoning ordinance which will
protect those buildings. The City Council will, after the completion of a study, and
further public input, determine which buildings, if any, have special historical
significance to the City.
It is therefore determined, by the City Council, that this ordinance shall become effective
immediately upon adoption pursuant to Government Code sections 36934 and 36937.
This ordinance will remain effective for forty-five days after adoption unless extended
pursuant to Government Code sections 65858(a) or 65858(b).
Chapter 2:
Purpose
The purpose of this chapter is to protect structures from demolition on 31
potentially historic sites. This ordinance is considered an interim ordinance to allow staff
and the Historic Research Committee to research the potentially historic value of the
structures.
Chapter 3:
Definitions
"Demolition" means removal of more than fifty percent of the perimeter walls, or
removal of any portion of a street-facing facade, or removal from the site. Demolition
does not include the removal and replacement in kind of deteriorated, non-repairable
materials required for the restoration and rehabilitation of the potential historic structure
and resulting in no change to its exterior appearance of historic character.
"Historic merit" means any structure that meets the findings in Appendix A of this
ordinance.
"Protected structure" means those buildings listed on the list of 31 potentially
historic sites (Appendix B).
Chapter 4:
Demolition Prohibited
No person shall cause or permit demolition of any of the structures on the
protected structure list except upon a final determination that the structure is a structure
without historic merit.
Chapter 5:
Approved Demolition or Removal
Demolition of a protected structure (Appendix B) may be allowed subject to a
determination that the structure is not of historic merit (Appendix A). Determination of
historic merit shall be done after an application for demolition is applied for through the
building department. The minimum submittal requirements, above and beyond the
building department requirements, include a historic report prepared by a certified
historian. The report content requirements are outlined in Appendix C. If the conclusion
of the report is that the structure is of no historic merit, the structure may be removed. If
the conclusion of the report is that the structure is of historic merit, it may not be
demolished until the application for demolition has been reviewed and approved by the
Plarming Commission. The Plarming Commission may grant approval for the demolition
of a structure of historic merit if economic hardship can be proven.
Chapter 6:
Economic Hardship
The applicant must submit clear and convincing evidence such as a cost-benefit
analysis demonstrating that a disapproval of the demolition application will work
2
immediate and substantial hardship on the applicant because of conditions peculiar to the
person seeking to carry out the proposed work or because of conditions peculiar to the
particular improvement, building, structure, topographic or other feature involved. If a
hardship is found to exist under this Section, the Plarming Commission or City Council
shall make a written finding to that effect, and shall specify the facts and reason relief
upon making the finding. If a building is substantially damaged or destroyed, except by
intentional acts of the owner and/or tenant of the property, it may be reconstructed in a
different configuration than previously existed subject to meeting the requirements of the
site zoning.
Chapter 7:
Appeal
All determinations and decisions of the Director of Community Development and
Plarming Commission under this Chapter are subject to appeal to either the Plarming
Commission or City Council under the procedures described in Section 19.136 of this
title.
Chapter 8:
Enforcement
Unlawful demolition of any of the 31 potential historic sites may result in the following:
I) Any person who violates any provision of this chapter shall be guilty of a
misdemeanor and upon conviction thereof shall be punished as provided in Chapter 1.12
of the Cupertino Municipal Code.
2) The City Attorney may maintain an action for injunctive relief to restrain a violation
or cause, where possible, the complete or partial restoration, reconstruction, or
replacement in kind of any structure demolished, altered or partially demolished in
violation of this chapter.
3) Demolition of a structure in violation of this chapter shall authorize the Director of
Community Development to issue a temporary moratorium on development of the subject
property, not to exceed eighteen months ITom the date that the violation occurred. The
purpose of the moratorium is to provide the city an opportunity to study and determine
appropriate mitigation measures for the removal, and to ensure measures are incorporated
into any future development approvals for the property.
Chapter 9:
Expiration
This ordinance shall expire upon adoption of a permanent historic ordinance and
the historic sites described on Exhibit B are designated or this ordinance shall expire 180
days ITom the date of enactment of this ordinance, whichever comes first.
This ordinance will remain effective for forty-five days after adoption unless
extended pursuant to Government Code sections 65858(a) or 65858(b) or upon the
adoption of a permanent historic ordinance, whichever comes first.
INTRODUCED and ENACTED at a regular meeting of the City Council of the
City of Cupertino this 2nd day of June, 1997, by the following vote:
Vote
Members Qfthe Q1y Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Chang, Dean, Sorensen, Bautista
Burnett
None
None
ATTEST:
APPROVED:
Ciry~~~
4
APPENDIX A - HISTORIC MERIT
A determination of historic merit is based upon whether a structure meets the
following findings:
(a)
Meets the criteria for listing on the National Register of Historic Places,
or;
Fulfills at least one of the following criteria:
(b)
(I)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
It has character, interest, or value as part of the development of,
and or its exemplification of, the cultural, educational, agricultural,
social or historical, architectural, artistic heritage of the City.
It is identified with persons or events significant in local, State, or
National history.
It embodies distinctive characteristics of a style, type, period, or
method of architecture or construction, or is a valuable example of
the use of indigenous material or craftsmanship;
It is representative of a notable work of a building, design or
architect.
It has a unique location or singular physical characteristic(s),
whether manmade or natural, representing an established or
familiar visual feature of a neighborhood community, or the City;
or it has a relationship to any other landmark, and its preservation
is essential to the integrity of that landmark.
The property has potential for yielding archaeological information.
It embodies or contributes to a unique natural setting or
environment constituting a distinct area or district within the City
having special character or special historical, architectural or
aesthetic interest or value.
It is one of the few remaining examples in the City, region, state,
or nation possessing distinguishing characteristics of an
architectural or historical type or specimen.
THE CRITERIA OF THE NATIONAL REGISTER OF HISTORIC PLACES
The following criteria are designed to guide the States, Federal agencies, and the
Secretary ofInterior in evaluating potential entries (other than areas of the National Park
System and National Historic Landmarks) for the National Register:
The quality of significance in American history, architecture, archeology, engineering,
and culture is present in districts, sites, buildings, structures, and objects that possess
integrity of location, design, setting, materials, workmanship, feeling, and association,
and:
A.
That are associated with events that have made a significant contribution to the
broad patterns of our history; or
B.
That are associated with the lives of persons significant in our part; or
c.
That embody the distinctive characteristics of a type, period, or method of
construction, or that represent the work of a master, or that possess high artistic
values, or that represent a significant and distinguishable entity whose components
may lack individual distinction; or
D.
That have yielded, or may be likely to yield, information important in prehistory or
history.
Ordinarily cemeteries, birth places, or graves of historical figures, property owned by
religious institutions or used for religious purposes, structures that have been moved from
their original locations, reconstructed historic buildings, properties primarily
commemorative in nature, and properties that have achieved significance within the past
50 years shall not be considered eligible for the National Register. However, such
properties will qualify if they are integral parts of districts that do not meet the criteria or
if they fall within the following categories:
A.
A religious property deriving primary significance ITom architectural or artistic
distinction or historical importance; or
B.
A building or structure removed ITom its original location but which is significant
primarily for architectural value, or which is the surviving structure most
importantly associated with a historic person or event; or
c.
A birthplace or grave of an historical figure of outstanding importance if there is no
other appropriate site or building directly associated with his or her productive life;
or
6
D.
A cemetery that derives its primary significance from graves of persons of
transcendent importance, from age, ITom distinctive design features, or ITom
association with historic events; or
E.
A reconstructed building when accurately executed in suitable environment and
presented in a dignified marmer as part of a restoration master plan, and when no
other building or structures with the same association has survived; or
F.
A property primarily commemorative in intent if design, age, tradition, or symbolic
value has invested it with its own historical significance; or
G.
A property achieving significance within the past 50 years if it is of exceptional
importance.
For further information on the National Register criteria and how to interpret them,
contact the National Register Office of the National Park Service at 600 Harrison Street,
Suite 600, San Francisco, CA 94107-1372 or call (415) 744-3988.
7
APPENDIX B - PROTECTED POTENTIAL HISTORIC STRUCTURES
Community Landmarks
I. Downtown Monta Vista retail and commercial properties.
Historic Sites Listed in General Plan (Figure 2F)
I. Perrone Ranch Stone Cellar, now part of Ridge Vineyards.
2. Montebello School, 1892.
3. Picchetti Brothers Winery and Ranch.
4. Maryknoll Seminary.
5. De La Veaga tack House.
6. Enoch J. Parrish Tank House.
7. Replica Baer Blacksmith Shop and all other buildings at McClellan Ranch Park.
8. Doyle Winery Site (foundation only).
9. Louis Stocklmeir Home.
10. Site of Elisha P. Stephens home, 1950; now part of Blackberry Farm.
II. Gazebo and gingerbread trim, Memorial Park.
12. Le Petit Trianon.
13. Union Church of Cupertino.
14. Cupertino De Oro Club.
15. St. Joseph Church.
Other Historic Resources
a) Stelling Tank House, End of Festival off Stelling.
b) Hammond House, between Gate of Heaven cemetery and the road to Permanente.
c) Tracy House, 10855 N. Stelling Road.
d) Lazaneo Tank House, 19985 Price at S. Blaney.
e) Russelhurst Country Club, 22273 Cupertino Road.
j) Will House, 10191 Vista Drive.
g) Baldissini-Adamo House, 7498 Prospect Road.
h) Miller Houselbuildings, 19340 Phil Lane.
i) Arch Wilson House, 10090 Crescent Road.
j) James Howard House, 10505 Miller Avenue.
k) Robert McCubbin House, 10505 Miller Avenue.
I) Schwartz House, 22410 Cupertino Road.
m) George Grimm House, 790 Blaney Avenue.
n) Palm Avenue (the street including palm trees), Palm Avenue at Foothill Blvd.
0) Engle Grocery, 21619 Stevens Creek.
p) Hazel Goldstone Variety Store, 21700 Stevens Creek.
APPENDIX C - GUIDELINES FOR HISTORIC REPORTS
Two copies of the Historic Evaluation Report are required. These reports should be
completed by a qualified consultant (certified historian) and must contain the information
listed below. The qualifications of the consultant shall be included in the report. Any
required subsurface investigation for resources should be addressed in a separate report or
under a separate cover.
A.
Project Description
I. Name of proposed project and name of the developer or firm proposing the
project.
2. Description of the proposed project.
B.
Project Location
1. Location of the proposed project, including the address or nearest cross streets,
acreage, Assessor's Parcel Number (s), and a location map.
c.
Existing Conditions
I. Sununary of the physical appearance of the site, including buildings, structures,
objects and prominent natural features on the property.
2. Assessment of any buildings or structures, including the following:
a. Architectural style and building materials, including any known alterations
to the original structure.
b. Approximate age.
c. Any supporting structures or elements such as out buildings, fences, mature
vegetation, etc.
3. Description of the current uses of the property, as well as the previous uses of
the property, if known.
4. Evaluation of the resource's potential to contribute to a district comprised of
similar resources in the area.
5. Complete photo survey of the resource, including the following:
a. Site plan of the property with identification of the locations from which the
photographs were taken.
b. Copies of relevant, supporting documents, such as historic maps, drawings
and/or photographs.
D.
Historic Evaluation: Using Appendix A of this ordinance as a guideline, complete
the following:
9
1. Statement as to the project's listing on Appendix B - Protected Potential
Historic Structures list and known historic properties in close proximity to the
project area.
2. Identification and discussion of any known significant person(s) or event(s)
associated with the property.
3. Evaluation of the significance of the property using Appendix A - Historic Merit
and the National Register Criteria.
E.
Impacts on the Historic Resource from the Proposed Project
I. Evaluation of impacts to historic resources commensurate with the project
proposed. Projects which are general in nature (i.e. General Plan Amendments)
should provide an identification and assessment of the historic resources and
potential impacts (to the extent that such impacts can be anticipated).
2. Potential requirement for subsequent historic report and subsurface historic
resources report for a development proposal. Project level historic reports
should analyze the proposed project's relationship to the historic resources and
any impacts.
F.
Alternate Measures to Reduce Impacts to a Non-Significant Level
I. Identification of General Plan policies and implementation programs as
mitigation to reduce impacts ITom projects which are general in nature (i.e.
General Plan Amendments).
2. Inclusion of a basic menu of mitigation options to reduce project impacts to a
non-significant level, which may include avoidance, reuse, relocation,
historic/photo-documentation and salvage.
G.
Bibliography
I. Names of principal and staff, affiliations, project responsibilities, and
completion dates for the report.
2. Description of the research procedures for the report.
3. A bibliography or sununary of archival research and references.
10