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)