08/18/2021 Historic Heritage Committee Special Study Session Agenda PacketHistoric Heritage Committee
Study Session Agenda
Wednesday, August 18, 2021 at 6:00 P.M.
HISTORIC HERITAGE COMMITTEE MEMBERS
Chair: David Matuszak Council Member Representative:
Rebeca Armendariz Vice Chair: Kathleen Chavez
Member: Ian Bruesehoff Planning Commissioner Representative:
Adilene Jezabel Moreno
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GOVERNOR’S EXECUTIVE ORDER N-29-20 MEETING MATERIAL IS AVAILABLE ON THE
CITY WEBSITE www.cityofgilroy.org.
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STUDY SESSION - 6:00 P.M.
I.CALL TO ORDER
II.INTRODUCTIONS
III.STUDY SESSION
A.Workplan Item: Historic Ordinance Update
1.Presentation: Cindy McCormick
2.Public Comment:
3.Possible Action: Review memo and provide input. No formal action will
take place at this time.
IV.ADJOURNMENT to the Next Regular Meeting of September 15, 2021 at 6:00
p.m.
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City of Gilroy
COMMUNITY DEVELOPMENT DEPARTMENT
7351 Rosanna Street, Gilroy CA 95020
(408) 846-0451 (408) 846-0429 (fax)
www.cityofgilroy.org
DATE: August 18, 2021
TO: Historic Heritage Committee
FROM: Cindy McCormick, Senior Planner
SUBJECT: Historic Ordinance WorkPlan
RECOMMENDATION:
Review and provide input on:
1) staff’s suggested draft guiding principles
2) staff’s suggested draft amendments to sections 30.27.10 and 30.27.20.
BACKGROUND
As provided in the attached Workplan approved by the HHC in February 2021, the HHC
will review Gilroy City Code Article 27 - Historic Site and Historic Neighborhood
Combining Districts for potential clarification and streamlining. For example, the
Ordinance does not currently differentiate between “contributing structures” on the
Historic Resource Inventory (HRI) and those structures that have been formally
designated by resolution of the City Council as a historic site or historic neighborhood.
DISCUSSION
DRAFT Update Goals: To begin this process, staff has drafted six (6) goals in no
particular order to help guide staff and the HHC in drafting amendments to Chapter 30.27
(Article 27).
1) Clarify, streamline, and simplify the overall ordinance
2) Eliminate redundancies and superfluous language.
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3) Define and distinguish City Council designated “historic neighborhoods”, City
Council designated “historic sites”, and other “contributing resources” that are
included in the Historic Resource inventory.
4) Provide a clear and easy to understand process for rehabilitating or making
modifications (e.g., additions) to buildings listed on the HRI depending on whether
they are a contributing resource, a designated historic site, or located within a
designated historic neighborhood.
5) Simplify and consolidate the existing standards for demolition.
6) Codify the Mills Act Program as an economic incentive for preservation.
Possible Action: Accept or modify staff’s suggested goals.
DRAFT Amendments: Based on the draft guiding principles, staff has provided some
suggested amendments to Sections 30.27.10 and 30.27.20 and added a new definitions
section. The following suggested amendments are based on goals #1, #2, and #3.
Suggested deletions are noted by strikethrough, while suggested additions are
underlined.
30.27.10 Statement of intent. DISCUSSION
The intent of this article is:
(a) To preserve historic sites and
neighborhoods that represent
important elements of Gilroy’s past
or contribute to the community’s
identity or educational resources;
No recommended edits
(b) To enhance the visual character
of Gilroy by encouraging and
regulating the compatibility of
architectural styles within historic
sites and neighborhoods;
Gilroy does not require non-historic
structures to be architecturally compatible
with historic structures unless they are
located in a historic neighborhood. Therefore
“sites” can be removed from this section.
(c) To identify and designate
historic sites or areas historic
neighborhoods that have a
significant concentration or
continuity of sites, buildings or
objects unified by past events or
physical development;
The City Council designates both sites and
neighborhoods pursuant to Section 30.27.30
Establishment of historic site and
neighborhood combining districts. Therefore
“areas” has been replaced with historic sites
or historic neighborhoods for clarity and
transparency.
(d) To encourage the rehabilitation
or restoration of historic buildings
and neighborhoods throughout the
city.
Buildings in Gilroy are generally
“rehabilitated” rather than undergoing a
more challenging “restoration” – see Sec of
Interior Standards definition. Historic
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neighborhoods are not rehabilitated or
restored.
e) To encourage the preservation of
character defining features of
contributing resources.
Although contributing structures have fewer
regulations than historic sites, modifications
that remove or replace their character
defining features would be subject to CEQA.
Therefore, an additional purpose of the City
Code is to encourage the preservation of
those features.
30.27.20 Permitted uses and
cConditional use permits.
DISCUSSION
Permitted uses in both the historic
site and historic neighborhood
combining districts include all uses
that are permitted in the base
district.
Any use that is listed as a
conditional use for the base district
may be allowed to locate within a
historic site or neighborhood
combining district subject to the
planning commission making all of
the following findings: that
(a) Tthe proposed conditional use is
compatible with the historic nature of
the property and would require
minimal alteration to the building or
site; and
(b) All proposed and/or required
alterations would not alter the
historic significance of the building
or site; and
(c) The site is adequate to
accommodate any required parking,
landscaping or other amenities
required as a condition of approval
of the conditional use permit.
A use that is permitted in the City Code is
generally considered compatible in the
neighborhood in which it would be located.
Therefore, the reference to permitted uses
can be removed.
A use that requires a conditional use permit
requires review and approval from the
Planning Commission. Conditions can be
placed on the permit to minimize potential
impacts.
Staff recommends that this section be
simplified for the following reasons.
a) and b) are redundant. Furthermore,
these can be removed because any
alterations that would alter the historic
significance of a historic site would require
Architectural and Site Review approval by
the City. Conditions can be placed on the
permit to minimize potential impacts.
c) can be removed. In addition to
determining if a use is allowed, the city
reviews building permits ad business
license applications to ensure that parking,
landscaping, and other required amenities
comply with city code.
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30.27.25 Definitions (NEW)
DISCUSSION: The following draft definitions are recommended for clarity and
transparency. The definitions can be included as stand-alone definitions in Chapter
30.27 (as they are for the accessory dwelling unit Chapter) or they can be included
along-side the general definitions included in Article II of the City Code.
"Alteration" means any exterior modification to a historic resource, including
but not limited to a new addition or removal of existing architectural features.
Alteration shall not include routine maintenance and repair such as any work
involving the in-kind replacement of existing material for the purpose of protective
or preventative measures.
"Alteration, Significant" means any alteration, destruction, relocation,
demolition, or partial demolition that may have a significant adverse effect on the
character-defining features of a historic resource. An alteration that is consistent
with the Secretary of the Interior's Standards is not generally considered a
significant alteration.
“Contributing Resource” means a historic resource that is listed in the historic
resources inventory but has not been designated by the City Council as a historic
site.
"Historic Context Statement" means a narrative report on the geography,
history and culture that shaped Gilroy’s built environment and provides the basis
for evaluating historic significance and integrity.
“Historic Heritage Committee” means the five (5) members appointed by the
city council to act as an advisory board to the city council and planning
commission on issues relating to the identification, protection, retention and
preservation of historic sites and historic neighborhoods in the City of Gilroy.
“Historic Neighborhood” means an area or combination of sites within the city
that has been designated by Resolution of the City Council as a historic
neighborhood combining district in accordance with the criteria of this Chapter.
"Historic Resource" means a contributing resource, historic site, or historic
neighborhood that is officially listed in the historic resources inventory.
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"Historic Resource Inventory" means the official City Council approved register
of contributing resources, historic sites, and historic neighborhoods.
“Historic Site” means an object, building, structure, or site that has been
designated by Resolution of the City Council as a historic site in accordance with
the criteria of this Chapter.
"Mills Act" means a state law enacted in 1972 that grants participating local
governments the authority to enter into contracts with owners of a qualified historic
resource who actively participate in the rehabilitation and maintenance of the
historic resource while receiving property tax relief.
The “Secretary of the Interior's Standards for the Treatment of Historic
Properties” (Standards) are principles that promote historic preservation best
practices that will help protect Gilroy’s historic resources.
Possible Action: Accept or modify staff’s suggested amendments to sections 30.27.10
and 30.27.20 and the new definitions section.
Next Steps: Based on feedback from the HHC, staff will return with revised goals
(if necessary), further amendments to sections 30.27.10, 30.27.20, and 30.27.25
(if necessary), and recommended edits to additional sections of the Ordinance.
It is staff’s intent to go through the entire Ordinance between now and the end of the 2021
calendar year. The entire Zoning Ordinance, including any modifications to Chapter
30.27, are tentatively scheduled to be reviewed by the Planning Commission and City
Council at public hearings in mid-2022.
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30.27.10 Statement of intent.
The intent of this article is:
(a)To preserve historic sites and neighborhoods that represent important elements of
Gilroy’s past or contribute to the community’s identity or educational resources;
(b)To enhance the visual character of Gilroy by encouraging and regulating the
compatibility of architectural styles within historic sites and neighborhoods;
(c)To identify and designate areas that have a significant concentration or continuity of
sites, buildings or objects unified by past events or physical development.
(d)To encourage restoration of historic buildings and neighborhoods throughout the
city.
30.27.20 Permitted uses and conditional use permits.
Permitted uses in both the historic site and historic neighborhood combining districts
include all uses that are permitted in the base district.
Any use that is listed as a conditional use for the base district may be allowed to locate
within a historic site or neighborhood combining district subject to the planning
commission making all of the following findings:
(a)The proposed conditional use is compatible with the historic nature of the property
and would require minimal alteration to the building or site; and
(b)All proposed and/or required alterations would not alter the historic significance of
the building or site; and
(c)The site is adequate to accommodate any required parking, landscaping or other
amenities required as a condition of approval of the conditional use permit.
30.27.30 Establishment of historic site and neighborhood combining districts.
The establishment of a historic site or historic neighborhood combining district may be
in combination with any residential, commercial, industrial or other base district as
defined in this chapter. The establishment or removal of either a historic site or historic
neighborhood combining district shall be processed as a zone change. The historic
heritage committee shall review all applications for historical designation or removal of
historical designation and pass its recommendations on to the planning commission and
city council. The zone change fees, which are established from time to time by the city
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council, shall be waived for the establishment of, but not the removal of, either a historic
site or neighborhood combining district.
(a) Any area or combination of sites within the city may be designated as a historic
neighborhood combining district if it meets any one (1) of the following criteria:
(1) The neighborhood possesses a significant concentration or continuity of sites,
buildings, structures, or objects unified by past events or physical development; or
(2) The neighborhood represents an established and familiar visual feature of the
community; or
(3) The collective historic value of the neighborhood taken together is of greater value
than each individual structure.
(b) Any site within the city may be designated as a historic site combining district if it
meets any one (1) of the following criteria:
(1) It exemplifies or reflects special elements of the city’s cultural, social, economic,
political, aesthetic, engineering or architectural history; or
(2) It is identified with persons or events significant in local, state or national history; or
(3) It embodies distinctive characteristics of a style, type, period or methods of
construction, or is a valuable example of the use of indigenous materials or
craftsmanship; or
(4) It is representative of the work of a notable builder, designer or architect.
30.27.40 Design review procedures.
Applications to construct new structures, alter, change, modify, remove or significantly
alter the exterior of any structure within a historic site or neighborhood combining district
shall require architectural and site approval according to the provisions of
section 30.50.40. An application shall be denied if the changes would jeopardize the
building’s or neighborhood’s architectural or historical value. Interior remodeling or
routine maintenance or repair of the exterior features of a structure in a historic site or
historic neighborhood combining district shall not require architectural and site review.
(a) In a historic neighborhood combining district, the design of the following proposed
structures or remodeling shall be reviewed according to the provisions of
section 30.50.40:
(1) Construction of any type of a building that will affect the exterior appearance of the
site, neighborhood, or any structure on the site or in the neighborhood;
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(2) New construction;
(3) Relocation of any structure in or removal from a historic neighborhood combining
district;
(4) Remodeling of fifty percent (50%) or more of the facade of any structure.
(b) In a historic site combining district, but not in a historic neighborhood combining
district, the design of the following proposed structures or remodeling shall be reviewed
according to the provisions of section 30.50.40:
(1) Exterior alterations to any building;
(2) Interior alterations that would affect the exterior of a building;
(3) Construction of any type on a building that will affect the exterior appearance of the
site, or any structure on the site;
(4) New construction;
(5) Relocation of any structure into or removal from a historic site combining district.
30.27.50 Demolition procedures.
All demolition applications for historically or culturally important structures located in
either a historic site or neighborhood combining district shall be reviewed by the historic
heritage committee which shall forward its recommendations to the planning
commission. The planning commission shall review the demolition request and either
deny it or forward a recommendation of approval to the city council in accordance with
sections 30.27.51 and 30.27.52. Architectural and site approval shall not be given for
any new construction until the city council has approved the demolition request, or a
demolition permit has been issued by the city, whichever comes first.
Upon application for demolition where a structure or portion of a structure in a historic
site or neighborhood combining district has been substantially destroyed by fire,
explosion, earthquake or flood, the chief building inspector and planning director, after
inspection of the damage, may issue the demolition permit immediately, only when they
both determine that there is imminent danger to life, limb or health of the public and the
structure is obviously not restorable due to such damage.
30.27.51 Historic neighborhood demolition procedures.
After review of each request for demolition, the planning commission may recommend
approval or conditional approval upon making the findings set forth below, or may deny
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the request. The planning commission determination for denial shall be final unless a
written appeal to the city council is filed within twenty (20) days. If the planning
commission recommends approval or conditional approval, the planning director shall
forward to the city council the demolition request with the planning commission’s
recommendation. After review of the request, the city council may approve, conditionally
approve or deny the request.
In order to approve or conditionally approve a demolition request within a historic
neighborhood combining district, the city council prior to its approval must make the
following findings:
(a) Demolition of the structure will not have a significant impact on the historic character
of the neighborhood; or
(b) The structure proposed for demolition is not restorable.
30.27.52 Historic site demolition procedures.
Within a historic site combining district, nonhistoric accessory buildings may be
demolished through the procedure set forth above for structures in a historic
neighborhood combining district.
Demolition or relocation of a historically significant structure within a historic site
combining district shall first require removal of the historic site combining district
designation through the zone change process as provided in this chapter. Removal of
the historic site combining district is not required where a historically significant structure
would remain on the site, despite the demolition of other historic or nonhistoric
structures on the site. A request for demolition or relocation may be processed
concurrently with the request for a change of district. In order to approve or conditionally
approve a demolition request within a historic site combining district, the historic
heritage committee, the planning commission and city council must make the following
findings:
(a) The structure proposed for demolition is not restorable; and
(b) The applicant has unsuccessfully attempted to preserve the structure through all
means available, including, but not limited to:
(1) Documented advertisements publicizing the availability of the structure for purchase
for restoration purposes; and
(2) A map showing investigation into possible sites for relocation of the structure; and
(3) Documented letters offering the donation of the structure to nonprofit organizations
for relocation.
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The planning commission or city council may suspend action on removal of the historic
site combining district designation and demolition application for a period not to exceed
one hundred eighty (180) days to allow sufficient time for necessary steps to be taken to
preserve the structure. Thereafter, the planning commission may recommend approval
and the city council may approve the application for removal of the historic site
combining district designation and demolition following a determination that no means of
preservation is feasible and that the requested zone change is appropriate.
30.27.53 General demolition procedures.
Each request for the demolition of any building over fifty (50) years old which is not in a
historic site or neighborhood combining district, but meets any of the four (4) findings of
criteria defined under section 30.27.30(b) as determined by the planning division, shall
be accompanied by one (1) clear photograph, of the front of the building, submitted by
the applicant. The age of the structure shall be determined or verified through public
records or from an inspection. A demolition permit shall not be issued for such building
until the planning director, with assistance from the historic heritage committee, has had
a period not to exceed thirty (30) days to investigate, document and photograph the
building and attempt to arrange for the preservation of the building. After the expiration
of the thirty (30) day period, the permit may be issued in accordance with the building
department procedures. The thirty (30) day period may be waived by the chief building
inspector where there is imminent danger to life, limb or health of the public which
requires immediate demolition.
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