Title 17 PLANNING
Chapter 17.84 S-7 PRESERVATION COMBINING ZONE REGULATIONS
17.84.010 Title, purpose, and applicability.
17.84.020 Zones with which the S-7 zone may be combined.
17.84.030 Required design review process.
17.84.040 Design review criteria for construction or alteration.
17.84.050 Design review criteria for demolition or removal.
17.84.060 Postponement of demolition or removal.
17.84.070 Duty to keep in good repair.
17.84.010 Title, purpose, and applicability.
The provisions of this chapter shall be known as the S-7 preservation
combining zone regulations. The S-7 zone is intended to preserve and enhance the
cultural, educational, aesthetic, environmental, and economic value of
structures, other physical facilities, sites, and areas of special importance
due to historical association, basic architectural merit, the embodiment of a
style or special type of construction, or other special character, interest, or
value, and is typically appropriate to selected older locations in the city.
These regulations shall apply in the S-7 zone, and are supplementary to the
provisions of Section 17.136.070 and to the other regulations applying in the
zones with which the S-7 zone is combined. (Ord. 12776 § 3, Exh. A (part),
2006: prior planning code § 6400)
17.84.020 Zones with which the S-7 zone may be combined.
The S-7 zone may be combined with any other zone. (Prior planning code
§ 6401)
17.84.030 Required design review process.
A. Except for projects that are exempt from design review as set forth in
Section 17.136.025, no Local Register Property, Building Facility, Mixed Use
Development, Telecommunications Facility, Sign, or other associated structure
shall he constructed, established, or altered in exterior appearance, unless
plans for the proposal have been approved pursuant to the design review
procedure in Chapter 17.136, and when applicable, the additional provisions in
Sections 17.84.040, 17.84.050, and 17.84.060; the Telecommunications regulations
in Chapter 17.128; or the Sign regulations in Chapter 17.104.
B. However, as
an exception to subsection A above and after notice to the Director of City
Planning, demolition or removal of a structure or portion thereof shall be
permitted without such approval upon a determination by the Building Services
Department, the Housing Conservation Division, their respective appeals boards,
or the City Council that immediate demolition is necessary to protect the public
health or safety, or after expiration of the periods of postponement referred to
in Section 17.84.060. Whenever it is proposed that demolition or removal be
followed within a reasonable period of time by new construction, review of the
new construction shall take place in conjunction with review of the demolition
or removal. (Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12501 § 60,
2003: prior planning code § 6402)
17.84.040 Design review criteria for construction or alteration.
In the S-7 zone, proposals requiring regular design review approval
pursuant to Section 17.84.030 may be granted only upon determination that the
proposal conforms to the regular design review criteria set forth in the design
review procedure in Chapter 17.136 and to all of the following additional design
review criteria:
A. That the proposal will not substantially impair the
visual, architectural, or historic value of the affected site or facility.
Consideration shall be given to design, form, scale, color, materials, texture,
lighting, detailing and ornamentation, landscaping, Signs, and any other
relevant design element or effect, and, where applicable, the relation of the
above to the original design of the affected facility.
B. That the proposed
development will not substantially impair the visual, architectural, or historic
value of the total setting or character of the surrounding area or of
neighboring facilities. Consideration shall be given to integration with, and
subordination to, the desired overall character of any such area or grouping of
facilities. All design elements or effects specified in subsection A of this
section shall be so considered.
C. That the proposal conforms with the
Design Guidelines for Landmarks and Preservation Districts as adopted by the
City Planning Commission and, as applicable for certain federally related
projects, with the Secretary of the Interior’s Standards for the Treatment
of Historic Properties. (Ord. 12776 § 3, Exh. A (part), 2006: Ordinance
12513 Attach. A (part), 2003: Prior planning code § 6403)
17.84.050 Design review criteria for demolition or removal.
In the S-7 zone, no demolition or removal of a structure or portion
thereof may be granted unless the proposal conforms to the regular design review
criteria set forth in the design review procedure in Chapter 17.136 and to the
following additional design review criteria set forth in subsections A and B of
this section, or to one or both of the criteria set forth in subsection C of
this section:
A. That the affected structure or portion thereof is not
considered irreplaceable in terms of its visual, cultural, or educational value
to the area or community;
B. That the proposed demolition or removal will
not substantially impair the visual, architectural, or historic value of the
total setting or character of the surrounding area or of neighboring
facilities;
C. If the proposal does not conform to the criteria set forth in
subsections A and B of this section:
1. That the structure or portion
thereof is in such condition that it is not architecturally feasible to preserve
or restore it, or
2. That, considering the economic feasibility of
preserving or restoring the structure or portion thereof, and balancing the
interest of the public in such preservation or restoration and the interest of
the owner of the property in the utilization thereof, approval is required by
considerations of equity. (Ord. 12776 § 3, Exh. A (part), 2006: prior
planning code § 6404)
17.84.060 Postponement of demolition or removal.
If an application for approval of demolition or removal of a structure or
portion thereof, pursuant to Sections 17.84.030 and 17.84.050, is denied, the
issuance of a permit for demolition or removal shall be deferred for a period of
one hundred twenty (120) days, said period to commence upon the initial denial
by the reviewing officer or body. However, if demolition or removal of the
structure or portion thereof has also been postponed pursuant to Section
17.136.075, the initial period of postponement under this section shall be
reduced by the length of the period imposed pursuant to Section 17.136.075.
During the period of postponement, the Director of City Planning or the City
Planning Commission, with the advice and assistance of the Landmarks
Preservation Advisory Board, shall explore all means by which, with the
agreement of the owner or through eminent domain, the affected structure or
portion thereof may be preserved or restored. The reviewing officer or body from
whose decision the denial of the application became final may, after holding a
public hearing, extend said period for not more than one hundred twenty (120)
additional days; provided, however, that the decision to so extend said period
shall be made not earlier than ninety (90) days nor later than thirty (30) days
prior to the expiration of the initial one hundred twenty (120) day period.
Notice of the hearing shall be given by posting an enlarged notice on premises
of the subject property involved. Notice of the hearing shall also be given by
mail or delivery to the applicant, to all parties who have commented on the
initial application, and to other interested parties as deemed appropriate. All
such notices shall be given not less than seventeen (17) days prior to the date
set for the hearing. Such extension shall be made only upon evidence that
substantial progress has been made toward securing the preservation or
restoration of the structure or portion thereof. In the event that the applicant
shall have failed to exhaust all appeals under Sections 17.136.080 and
17.136.090 from the denial of the application, the decision to extend said
period shall be appealable under the provisions of Sections 17.136.080 and
17.136.090 to those bodies to whom appeal had not been taken from the initial
denial of the application. (Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12237
§ 4 (part), 2000: prior planning code § 6405)
17.84.070 Duty to keep in good repair.
Except as otherwise authorized under Sections 17.84.030 and 17.84.050, the
owner, lessee, or other person in actual charge of each structure in the S-7
zone shall keep in good repair all of the exterior portions thereof, as well as
all interior portions the maintenance of which is necessary to prevent
deterioration and decay of any exterior portion. (Prior planning code §
6406)
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