Chapter 9.53
Historic Resource Preservation
Sections:
9.53.040 Historic Resources Eligibility, Listing and Management
9.53.050 Alteration of Historic Structures, Districts, and Neighborhoods
9.53.060 Demolition or Relocation
9.53.070 Rehabilitation Incentives
9.53.080 Duty to Maintain and Repair
9.53.090 Unsafe or Dangerous Condition
9.53.100 Inadvertent Archaeological Discoveries
9.53.010 Purpose
The provisions of this Chapter are intended to:
A. Protect and preserve historic resources listed on or eligible for listing on the California Register of Historical Resources, including all manner of properties: buildings, structures, sites (prehistoric, historic, traditional ethnic and Native American), objects, districts, and cultural landscapes.
B. Implement the process of designation and preservation of property within the :HL combining zone (Section 9.28.040) by protecting sites and structures identified by the City as culturally, architecturally, and/or historically significant, that contribute to Arcata’s historic character and identity, and that should be preserved and/or restored.
C. Prevent the demolition of any existing building or portion of a building without first evaluating whether it contributes significantly to the historic or architectural character of the City or neighborhood, and ensure consideration of the potential for preservation of buildings found to contribute significantly to that character, in compliance with General Plan Policy H-5a. Identify and encourage the retention of structures that could qualify as historic resources but are not currently designated.
D. Implement the California State Historic Building Code (SHBC) for qualified historic buildings.
E. Promote the stabilization of neighborhoods and areas of the City, promote the increase in economic and financial benefits to the City and its inhabitants, and the growth of tourist trade and interest.
F. Ensure development that respects, complements and enhances historic architectural styles, and maintains the scale and character of neighborhoods, districts, and areas of cultural importance. Protect and preserve the Arcata Plaza and surrounding structures that help define the Plaza’s character. Ensure that new construction, modifications or alterations to potentially historic structures are harmonious with the existing character of Neighborhood Conservation Areas (NCA).
G. Conserve valuable building materials, historic fabric and energy resources by promoting preservation and adaptive use of historic resources.
H. Promote historic and architectural reviews by the Review Authority of projects that affect historic resources. (Ord. 1513, eff. 3/8/2019)
9.53.020 Applicability
This section identifies projects that may be subject to historic reviews in addition to other planning permit or approval requirements of this Land Use Code and the Municipal Code.
A. Affected Activities.
1. Period of Significance. Any historic resource that is at least 50 years old shall be subject to the requirements of this Chapter.
2. Construction or Alteration within the :HL (Historic Landmark) Combining Zone. No person shall alter the exterior of, construct, relocate or demolish any structures that are designated within a :HL combining zone (Section 9.28.040), except in compliance with this Chapter.
3. Noteworthy and Potentially Historic Structures. Structures that could qualify as historic resources shall be identified and processed as outlined in the Arcata General Plan Policy H-2 and applicable Land Use Code standards.
4. Plaza Area Historic District. The Plaza Historic District, as identified in Figure HP-a from the Arcata General Plan, shall be protected and preserved as outlined in General Plan Policies H-3a through H-3g.
5. Neighborhood Conservation Areas (NCAs). Historic structures within a Neighborhood Conservation Area shall only be constructed, modified or relocated in compliance with this Chapter, and Land Use Code Section 9.72.040 (Design Review).
6. Demolition of Structures in the City. All demolition of structures in the City shall be reviewed and approved by the Review Authority in compliance with this Chapter and Land Use Code Section 9.72.040.
7. Ground Disturbing Projects. All ground disturbing projects including those by the City will be subject to review in compliance with this Chapter.
8. Adoption of or Amendments to the General Plan or to Specific Plans, and Designation of Open Space. In compliance with Senate Bill 18 (SB18) of 2004, such actions shall involve consultations with pertinent Tribal Governments.
B. Relationship to CEQA. Decisions by the City in compliance with this Chapter are "discretionary" and relate to "discretionary projects" as defined in the California Environmental Quality Act (CEQA). See Chapter 9.78 (Environmental Impact Assessment) for a listing of "ministerial" projects that are statutorily exempt from CEQA review. The City, as the lead agency under CEQA, shall analyze and determine if a proposed project will cause significant impacts to historic resources including archaeological and Native American Traditional Cultural Places. (Ord. 1513, eff. 3/8/2019)
9.53.030 Review Authority
This Section assigns responsibilities for review, recommendations, and decisions on the approvals required by this Chapter to the following bodies, in addition to the responsibilities of the Planning Commission and Council. Projects subject to this Chapter shall also meet Land Use Code Chapter 9.70, Table 7-1 (Permit Authority), Sections 9.72.040 (Design Review Authority), and 9.74.020 (Public Hearings).
A. Planning Commission. The Planning Commission (PC) shall conduct historic reviews on Historic Landmark properties; review and make recommendations on historic resource designations; review historic resource reports; and implement the historic preservation policies of the General Plan. The PC may refer any project review to the Historic Landmark Committee for a recommendation.
Duties of the Planning Commission shall include but not be limited to:
1. Recommendations for designation of historic resources, conducting or facilitating historic resource inventories and surveys, and developing historic preservation design guidelines.
2. Review of demolition applications relating to designated Historic Landmark (:HL) properties and potentially eligible historic resources.
3. Review any changes to a :HL designated resource that could have an effect on the property’s historic character and integrity that include:
a. Exterior alterations that propose changes to historic materials, features to be preserved, architectural elements including fenestration, bulk, and massing; additions; and/or the construction of a new structure on the property.
b. Interior alterations that would significantly affect the structure’s exterior appearance.
c. Any addition to a :HL designated structure.
d. Construction of a new structure on a :HL designated site.
4. Review of all exterior alterations that require building permits to Noteworthy Structures, and possible review of buildings constructed within the Period of Significance including changes in types of materials and additions.
5. Review of proposed development, including exterior alterations and additions to structures located within the Arcata Plaza Historic District.
6. Review of proposed development, exterior alterations, and additions to potentially historic or contributing structures within a Neighborhood Conservation Area, or new structures in an NCA deemed by the Director to be incompatible with the historic or architectural character of the property and the surrounding NCA.
7. Develop historic preservation design guidelines.
B. Zoning Administrator. The Zoning Administrator (ZA) may approve minor modifications to potentially historic properties that comply with General Plan Historical Preservation policies, Land Use Code standards, and adopted design guidelines and Department handouts. Refer to Land Use Code Section 9.72.040.C pursuant to Table 7-1 for project categories and review authority.
C. Administrative Review. The Director or its designee may conduct administrative review of minor, CEQA exempt projects involving designated or potentially historic resources that meet 1:1 in-kind replacement, and demolition or removal of structures that are not potentially historic. Administrative review would not require noticing.
D. Historic Landmarks Committee. The City’s Historic Landmarks Committee (HLC) is identified as the referral and recommending body who shall assist, where applicable and on request, the City Council, Planning Commission, and Zoning Administrator in review of projects involving historic or potentially historic resources, designations, historic reports, cultural resource protection, demolition, or other resource issues.
E. Northwest Information Center (NWIC). The NWIC of the California Historical Resources Information System and the City of Arcata will enter into a Memorandum of Agreement (Agreement) no later than six months from the finalization of this Land Use Code. The duties of the NWIC and the City will be established in the Agreement and may include:
1. Providing pertinent records of recorded historical resources on file to the City.
2. Drafting and providing pertinent, current sensitivity historical resource base maps to the City.
3. Expediting NWIC record searches for City ground disturbing projects and activities that have the potential to cause significant impacts to historical resources.
4. Providing the NWIC pertinent data and surveys from the City.
F. Native American Tribal Governments. Within six months of the finalization of this Land Use Code, the City will enter into agreements with, at a minimum, the Wiyot Tribe and the Blue Lake Rancheria for consultations. The City shall refer projects which have the potential to impact cultural, tribal, or historic resources to the Wiyot-area Tribal Heritage Preservation Officers (THPOs), including:
1. Review of, adoption of, or amendments to the General Plan, Local Coastal Plan and Specific Plans, and the designation of open space that contains Native American traditional cultural places.
2. Review of the Agreement between the City and the NWIC.
3. Review of discretionary projects within the City that have the potential to cause significant impacts to historic, archaeological, and/or cultural resources.
4. Review of the preservation of, or the mitigation of impacts to, places, features and objects described in Sections 5097.9 and 5097.995 of the Public Resources Code (cultural places).
5. Establishing a protocol for notification of post-review of Native American discoveries per Section 9.53.100.C.
G. City of Arcata, Department of Community Development.
1. The City shall assign the responsibility of historic resources review in compliance with this Chapter to the Community Development Department.
2. The City shall obtain and update every six months listings within the City on the Sacred Lands Inventory maintained by the State of California Native American Heritage Commission.
H. Appeals. Decisions of the Review Authority shall be appealable to the Planning Commission and/or Council in accordance with Chapter 9.76 (Appeals). (Ord. 1513, eff. 3/8/2019; Ord. 1516, eff. 8/16/2019)
9.53.040 Historic Resources Eligibility, Listing, and Management
A. Purpose and Applicability. The Council shall have the authority to approve the designation of buildings, structures, sites (prehistoric, historic, traditional ethnic and Native American), objects, districts, and cultural landscapes as eligible for listing at the local, State or National level.
B. Procedure for Designation of a Historic Landmark, Historic District, Cultural Landscape or Neighborhood Conservation Area. The application for the designation of a district, site, area, or structure may be initiated by the owner, City Council, or Planning Commission. If initiated by the City, the owner shall be notified and will be able to contest the process.
1. Significance Criteria for Listing. In order to be eligible for listing, a district, site, area or structure should retain historic integrity and meet one or more of the following criteria:
a. The building, site or area is a significant representative of a distinct architectural period, type, style, or way of life.
b. The building, site or area is at least 50 years old, or in rare cases has achieved architectural or cultural significance in less than 50 years.
c. The building, site or area is connected with a person or event important to local, state or national history.
d. The architect or builder is famous or well-recognized.
e. The building’s style, construction method, materials, or finishes are unusual or significant.
f. The building contains original materials or craftsmanship of high or unusual value.
g. The building or site’s unique location or physical characteristic(s) represent an established visual feature or is characteristic of a neighborhood, community, or the City.
2. Referral. The City shall refer a proposed :HL combining zone, district, Neighborhood Conservation Area, or cultural landscape designation for review and comment to the Historic Landmarks Committee.
3. Notice and Hearing. Public notice shall be provided, and public hearings on a proposed rezoning to designate a :HL combining zone, historic district, Neighborhood Conservation Area, or cultural landscape shall be conducted by the Planning Commission, after receiving a recommendation from the HLC, and the City Council in compliance with Chapters 9.92, Amendments, and 9.74, Public Hearings. In addition, notice of the hearings shall be provided to the Historic Sites Society of Arcata, property owners, and adjacent property owners.
4. Notice of Designation. When a historic resource has been designated by the City Council, the City Clerk shall promptly notify the owners of the affected property and record notification of the designation with the County Recorder’s office in compliance with State law, per Public Resource Code 5029(b).
5. Content of Ordinance. Each designating ordinance shall include:
a. A description of the characteristics of the historic resource that justifies the designation as identified in subsection (B)(1) of this section, a list of any particular features that should be preserved or restored, and the location and boundaries of the resource site;
b. In the case of the application of the :HL combining zone to multiple sites, the designating ordinance shall specify which structures within the combining zone are to be protected by the designation, and list proposed uses allowed as incentives; and
c. The designating ordinance may also require the review of proposed changes in major architectural features of a publicly owned historic resource.
6. Pending Applications. No application for a permit to construct, alter, demolish, or relocate a structure that is proposed for historic resource designation, filed after the designation process has been initiated in compliance with subsection (B) of this section, shall be approved without compliance with this Chapter while the proceedings are pending.
7. Removal of Designation. The Council may amend or rescind the application of the :HL combining zone to a property only through rezoning in compliance with Chapter 9.92 (Amendments).
C. Procedure for Designation of a Noteworthy Structure. The Planning Commission shall recommend to the Council by resolution the inclusion of specified structures to the City’s "Noteworthy Structures" list, to encourage their retention. Noteworthy Structures are those that may be eligible for Historic Landmark designation and may not have complete documentation as to their historic or architectural merit. Owners of properties listed as having Noteworthy Structures are encouraged to apply for designation within the :HL combining zone.
1. Criteria for Listing. In order to be eligible for listing, a structure should have at least one of the following attributes:
a. Significant representative of a particular architectural style;
b. Significant representative of a period in the City’s historic development;
c. Associated with the social history of the City;
d. Of unusual or special design character; or
e. Contributing structure to a Neighborhood Conservation Area.
2. Notification. The Review Authority shall notify the owners of property being considered for placement on the list, and shall provide notice and conduct a public hearing in compliance with Chapter 9.74 (Public Hearings) prior to listing a structure, so that the owners shall be given the opportunity to contest and appeal the proposed listing.
3. Effect of Listing. Design Review approval shall be required for any exterior alteration of a Noteworthy Structure, when or if alterations require a Building Permit, including changes in types of materials and additions. Rehabilitation incentives for Noteworthy Structures are listed in Section 9.53.070(C)(1). No application for a permit to construct, alter, demolish or relocate a structure that is proposed for Noteworthy Structure designation, filed after the listing process has been initiated in compliance with this subsection (C), shall be approved without compliance with this Chapter while proceedings are pending.
4. Removal from List. The Planning Commission may recommend to the Council to remove a structure from the City’s Noteworthy Structures List through the same process as described by this Section for including a structure on the list. The property owner may also initiate this process.
D. Procedure for the Identification, Recordation, Evaluation and Management of an Archaeological Site or Native American Traditional Cultural Property (TCP).
1. Screening Process (To Determine if a Focused Study will be Required): The City of Arcata will screen discretionary project applications (per CEQA) and those actions or projects proposed by the City to determine if the project may have a significant impact on an archaeological site(s) and/or Native American Traditional Cultural Properties that qualify for inclusion, or are listed on the California Register of Historical Resources. Because the inventory of these types of historic properties is incomplete, the City shall take into consideration the comments and recommendations from knowledgeable information sources to determine (1) if a project falls within a sensitive location, and (2) a cultural resources study will be required for CEQA review and/or project planning. The screening process shall involve the following information sources:
a. Northwest Information Center (NWIC): Recommendations from the NWIC based on project specific record searches conducted under a Memorandum of Agreement (Agreement) between the NWIC and the City;
b. Tribal Review: Comments and recommendations from culturally affiliated Native American Tribes, including, but not necessarily limited to, the Wiyot Tribe, the Bear River Band of the Rohnerville Rancheria, and the Blue Lake Rancheria. The Tribal Historic Preservation Officer (THPO) for each Tribe will have the opportunity for review and comment on proposed projects via circulation of the CEQA Checklist distributed to agencies;
c. Native American Heritage Commission (NAHC, or Heritage Commission): Report of a Native American culturally sensitive location by the Native American Heritage Commission based on its confidential Sacred Lands File records;
d. Sensitivity Maps: Archaeological and/or Native American culturally sensitive locations compiled for the City by the THPOs, NWIC and/or other reputable sources; and
e. Historic Landmarks Committee (HLC): Comments received from HLC member(s).
2. Cultural Resource Study Phases Under CEQA. If project screening concludes that the project location is sensitive for potentially significant archaeological sites and/or a Native American Traditional Cultural Property and the project has potential to cause significant impacts to historic resources, then the City shall require the applicant to retain a qualified professional to conduct one or more phased studies as follows:
a. Phase I - Identify Cultural Resources. This phase generally involves four steps as follows:
(1) A formal records search at the NWIC and background research about the area of study (e.g., ethnography, land-use history);
(2) An archaeological field survey guided by a research design;
(3) Consultations with knowledgeable persons having heritage ties to the cultural resources, including the updated list of Native American Tribes and organizations recommended by the Native American Heritage Commission; and
(4) A written report that meets professional standards of the California Office of Historic Preservation.
b. Phase II - Evaluate the Significance of Cultural Resources. If Cultural Resources are identified in Phase I, only impacts to significant cultural resources determined eligible for inclusion on the California Register of Historical Resources (or eligible for or listed in the National Register of Historic Places) will be considered under the CEQA environmental review process. For a cultural resource (i.e., building, site, structure, object, or district) to qualify for the California Register, it must have integrity and meet one or more of the following criteria:
(1) Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage;
(2) Is associated with the lives of persons important in our past;
(3) Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or
(4) Has yielded, or may be likely to yield, information important in prehistory or history.
c. Phase III - Management of Archaeological Resources and Native American Traditional Cultural Places. If the results of the Phase I and II research show that the project area contains a significant cultural resource and it is determined by the City that the project will cause damage to such a resource, any number of the following may be recommended or required by the City, in conjunction with consultation with Tribal governments and possibly with the California Office of Historic Preservation:
(1) Modification of the project to avoid impacts to the cultural resources.
(2) Development of easements or other deed restrictions.
(3) After appropriate archaeological testing, capping or covering the cultural resources with a soil layer before construction.
(4) Designation of Open Space to incorporate cultural resources.
(5) Mitigation of adverse impacts through archaeological excavations that meet professional standards to salvage data that would otherwise be lost during construction activities.
(6) Professional monitors during construction activities.
3. Confidentiality. Certain archaeological site information, including specific site locations, is considered confidential information excluded from public disclosure. Access to this information is specified in Appendix 6, Record Management and Access Policy Historical Resources Records, of the Information Procedural Manual of the California Historic Resources Information System. (Ord. 1513, eff. 3/8/2019)
9.53.050 Alteration of Historic Structures, Districts, and Neighborhoods
A. Purpose. The requirements of this Section are intended to protect historic resources including but not limited to buildings constructed within the Period of Significance, Historic Landmarks, Noteworthy Structures, Historic Districts, or Neighborhood Conservation Areas from inappropriate alterations, including reconstruction, new construction, additions, repairs, restoration, rehabilitation, or replacement not in compliance with the Secretary of the Interior’s Standards. General Plan Policies H-1e, H-1f, H-2d, H-2e, H-3d, H-3e, H-4c, and H-4e shall guide proposed alterations where applicable.
B. Applicability.
1. Activities Requiring Design Review. The Review Authority identified in Land Use Code Chapter 9.70, Table 7-1, Sections 9.53.030 and 9.72.040.C, Table 7-2, shall review the following projects:
a. The exterior alteration of structures within the :HL combining zone, Plaza Area Historic District, Neighborhood Conservation Area, Noteworthy Structures, buildings constructed within the Period of Significance, or other historic resources that require a building permit or other discretionary permit from the City.
b. New structures or additions on a parcel with a designated Historic Landmark, Noteworthy Structure, building or other potentially historic resource that dates within the Period of Significance, or located in a Neighborhood Conservation Area and/or Historic District.
2. Relationship to Other City Approvals. Design Review approval shall be required from the identified Review Authority in addition to any other permits required by this Land Use Code, and shall accompany any permit or any work that otherwise alters the architectural features or appearance of the historic resource.
C. Review Authority and CEQA. Alterations shall be reviewed, and approved or disapproved by the identified Review Authority in compliance with CEQA, per Section 15064.5(a)(4) or 15331.
D. Application Requirements and Procedures. An application for Design Review shall be filed with the Community Development Department ("the Department"). The application shall include the information and materials required by the Department handouts. Once the Department determines that the application is complete and there is a project involving resources as identified in subsection (B)(1)(a) of this Section, the Department shall request that the Review Authority conduct a historic review of the property.
E. Project Review and Decision. Review of a project shall be completed and acted upon in the same manner as specified by Section 9.72.040 (Design Review). The Zoning Administrator or Planning Commission may require referral of a project involving historic resources to the Historic Landmarks Committee for review and recommendations.
1. Standards for Review. In evaluating alteration applications, the Review Authority shall consider the applicable eligibility criteria in Section 9.72.040, as well as any features to be preserved, uses, or other conditions specified in a consultant’s historic resources report and/or recommendations from the Historic Landmarks Committee, and may consider comments from the HSSA.
2. Required Findings. The approval of an application to alter buildings constructed within the Plaza Area Historic District, Period of Significance, Historic Landmarks, Noteworthy Structures, potentially historic resources, Historic Districts, or Neighborhood Conservation Areas shall require that the Review Authority first find that all development and exterior alterations maintain the historic integrity of the resource, and that the change is compatible with and does not destroy the historic or architectural character of the property and the immediate neighborhood.
3. Substantial Hardship. The Review Authority may approve an application for an alteration that may have a negative impact to an historic resource if an owner can present the following facts to the Review Authority:
a. That failure to approve an application will result in immediate and substantial hardship because of conditions peculiar to the historic resource;
b. That the conditions have not been created by an act of the owner; and
c. That damage to the owner of the property is unreasonable in comparison to the benefit conferred to the community.
In the approval process for an alteration based on a substantial hardship, the Review Authority shall not consider personal, family, or financial difficulties, loss of reasonable prospective profits, and neighboring violations as justifiable hardships. (Ord. 1513, eff. 3/8/2019)
9.53.060 Demolition or Relocation
Any demolition or relocation of a Historic Landmark or other potentially historic structure that requires a building permit shall first be approved in compliance with the requirements of this Section and CEQA, and Section 9.72.040 (Design Review). This Section shall not apply to nonhistoric structures, which shall be administratively reviewed.
A. Notification of Application. Demolition or relocation projects within an :HL combining zone, or for Historic Landmarks, Noteworthy Structures, or potentially historic resources eligible for listing, shall be reviewed and noticed in accordance with the historic resource preservation (demolition and removal) policies of the General Plan and Land Use Code Section 9.72.040 (Design Review) and Chapter 9.74 (Public Hearings).
B. Required Delay of Action. The demolition or relocation of an :HL designated structure is prohibited during the 180 days following the date that an application for demolition or relocation is approved by the Planning Commission, unless the delay time period is waived by the Planning Commission in compliance with subsection (B)(2) of this Section. The purpose of this automatic delay is to provide sufficient time for steps necessary to preserve the structure.
1. Extension of Time Period. The Council may require that the delay period for demolition or relocation of a designated :HL structure may be extended for up to an additional 180 days after first finding that it is probable that, within the additional time period:
a. Satisfactory arrangements can be made to relocate the structure to an acceptable site, or
b. A qualified public or private buyer will be found to purchase the structure.
The Council shall take action to extend the delay period at a public hearing no later than 30 days prior to the expiration of the original 180-day time period. The total delay period shall be no more than 12 months from the date the application for a demolition or relocation permit for a designated :HL structure is filed with the Department.
2. Waiver of Time Period. The owner of a designated Historic Landmark may request that the Planning Commission issue a waiver of any or all of the time period delaying demolition or relocation. The Planning Commission may grant a waiver only after first finding that:
a. Only in rare cases, satisfactory arrangements have been made to relocate the structure to an acceptable site after it has gone through the permitting process for a demolition or relocation;
b. The structure has been substantially destroyed by fire, wind, flood, earthquake, or other calamity as identified through Section 9.72.050 (Emergency Permit) so that it is of no further historic or architectural value to the community;
c. The demolition or relocation is of an incidental accessory structure that does not contribute to the historic resource or;
d. The action is the demolition of a portion of the structure that does not contribute to the historic resource.
C. Findings for Demolition. Prior to a decision to approve demolition or relocation of a :HL designated or potentially historic structure, the Review Authority shall consider the recommendations of the Historic Landmarks Committee unless a project is determined to not be a potentially historic resource, per Section 9.72.040. The applicant shall be required to submit a demolition plan showing those portions proposed to be demolished or relocated. Either of the following findings shall be required to approve the demolition or relocation permit:
1. The building does not contribute significantly to the historic or architectural character of the neighborhood or the City; or
2. Although the building does have historic or architectural merit, it:
a. Has sustained substantial damage to key structural components, and
b. There are no feasible alternatives to demolition of the building that will not cause unusual and extreme economic hardship.
D. Economic Evidence. In order to determine if unusual and extreme economic hardship exists, the Review Authority shall evaluate such financial information as set below, which shall be submitted in any application to demolish a structure that dates within the Period of Significance:
1. For all property:
a. The amount paid for the property:
b. The date of purchase, the party from whom purchased, and a description of the business or family relationship, if any, between the owner and the person from whom the property was purchased;
c. The cost of any improvements since purchase by the applicant and date incurred;
d. The assessed value of the land, and improvements thereon, according to the most recent County assessments;
e. Real estate taxes for the previous two years;
f. Annual debt service, if any, for the previous two years;
g. All appraisals obtained within the previous five years by the owner or applicant in connection with his or her purchase, financing or ownership of the property;
h. Any listing of the property for sale or rent, price asked and offers received, if any;
i. Any consideration by the owner for profitable and adaptive uses for the property, including renovation studies, plans, and bids, if any; and
2. For income producing property:
a. Annual gross income from the property for the previous four years;
b. Record of itemized operating and maintenance expenses for the previous four years;
c. Annual cash flow for the previous four years. (Ord. 1513, eff. 3/8/2019)
9.53.070 Rehabilitation Incentives
A. Purpose. The rehabilitation incentives provided by this Section are intended to encourage the maintenance, preservation, and rehabilitation of designated historic landmarks and noteworthy structures in the City.
B. Applicability. Upon the rezoning of a structure or site to the :HL combining zone, or listing as a noteworthy structure, the property owner shall be eligible for the incentives identified in Section 9.53.070.C.
C. Types of Incentives Allowed.
1. General Incentives. The following incentives, include but not limited to, shall be eligible for each site and structure designated within the :HL combining zone and for Noteworthy Structures:
a. Exemption from the requirements of this Land Use Code to provide any additional off-street parking, except for structural additions of 200 square feet or larger.
b. Exemption, for existing nonconforming uses, from the limitations of Chapter 9.90 (Nonconforming Uses, Structures, and Parcels) pertaining to nonconforming structures and site conditions.
c. Compliance with the State Historic Building Code and portions of the California Building Code for Building Conservation, rather than the current edition of the State Building Code.
d. At the option of the City, conservation easements for facades that may provide tax advantages to the donor, as approved by the City.
e. At the option of the City, facade rehabilitation grants or loans for designated historic commercial structures, to the extent available and as approved by the City.
2. Specific Incentives for Structures and Sites within the :HL District. The Council may grant any or all of the following rehabilitation incentives to a site or structure that is designated within the :HL combining zone, in addition to the incentives in subsection (C)(1) of this Section.
a. Adaptive Reuse. In order to encourage the economic viability and preservation of Historic Landmark Structures in the residential zoning districts, this Section provides for the occupancy of Historic Landmark Structures within the :HL combining zone by land uses that are not otherwise allowed within the primary residential zoning district.
b. Allowable Land Uses. The following uses may be allowed if the proposed use and structure comply with all applicable requirements of Articles 2, 3, and 4 of this Land Use Code, and if the review authority makes the findings required by subsection (D)(2)(b) of this section.
(1) RVL zone: Multifamily housing.
(2) RL, RM, and RH zones: Multifamily housing; Medical services - Doctor Office (no private clinics, labs, pharmacies, or boutiques); Office - Business/Service; and Office - Professional. Other compatible commercial land uses may be reviewed and allowed as project incentives by the Planning Commission.
c. Fee Waivers. Permit fee waivers;
d. Mills Act Property Tax Abatement Program;
e. State and Federal Incentives. Other incentives may include Federal Rehabilitation Tax Credits, and the California Heritage Fund Grant Program.
f. Other Incentives. Other incentives deemed necessary to encourage preservation, as approved by the City Council.
D. Review and Approval of Specific Incentives for Rehabilitation Projects.
1. Hearing and Action by the Planning Commission and Council.
a. The Planning Commission shall hold a public hearing to determine the eligibility of a property for any of the specific incentives for rehabilitation projects identified above and shall provide written recommendations to the Council regarding specific incentives.
b. The Council shall hold a public hearing to consider the recommendation of the Planning Commission to approve or disapprove any incentives.
c. Notice of the public hearings shall be provided and conducted in compliance with Chapter 9.74 (Public Hearings).
2. Required Findings for Approval. The Planning Commission may recommend and the Council may grant specific incentives for rehabilitation projects, after first making all of the following findings:
a. Findings for All Incentives.
(1) Each granted incentive compensates the property owner for the rehabilitation project;
(2) Approved incentives will not impair the aesthetic, architectural, or historic integrity of the resource; and
(3) Incentives will not be detrimental to the public health, safety, or general welfare.
b. Findings for Adaptive Reuse. In addition to the above findings for incentives, the Planning Commission and Council shall make the following findings for the approval of adaptive reuse:
(1) The change of use will occupy no more floor area than the original use;
(2) The proposed use will not significantly impact the exterior architectural character of the existing or adjoining properties; and
(3) The change of use will result in:
(a) Substantial rehabilitation of significant architectural features;
(b) Substantial rehabilitation of the exterior appearance of the resource; and
(c) A maintenance plan that will ensure the upkeep and continued maintenance of the historic resource.
3. Conditions of Approval. In approving adaptive reuse incentives, the Council may impose any conditions of approval deemed reasonable and necessary to ensure compatibility between the new use and the surrounding area. (Ord. 1513, eff. 3/8/2019)
9.53.080 Duty to Maintain and Repair
If periodic maintenance and upkeep is not performed and the historic resource falls into disrepair, the disrepair shall not be used as justification for demolition, or any other alteration inconsistent with the provisions of this Chapter. Lien procedures through the nuisance abatement process, as outlined in Section 9.90.070, may be considered by the City to address a demolition by neglect. The Review Authority may provide recommendations to the Council on nuisance abatement requests. (Ord. 1513, eff. 3/8/2019)
9.53.090 Unsafe or Dangerous Condition
A. Correcting an Unsafe or Dangerous Condition. The provisions of this Chapter shall not prevent measures of construction, alteration, or demolition that are necessary to correct an unsafe or dangerous condition of a structure, other feature or part of a historical resource where:
1. The condition has been declared unsafe or dangerous by the Building Official or the Fire Marshal; and
2. The proposed measures have been declared necessary by the Building Official to correct the unsafe or dangerous condition; and
3. The proposed measures are done with due regard for preservation of the appearance of the structure.
B. Removing a Damaged Resource. If more than 75 percent of a historic resource or other feature is damaged by fire or other calamity to an extent that, in the opinion of the Building Official it cannot be reasonably repaired and restored, it may be removed in compliance with all applicable provisions of this Land Use Code and the Municipal Code. (Ord. 1513, eff. 3/8/2019)
9.53.100 Inadvertent Archaeological Discoveries
The following Standard Operating Procedures for handling "post-review" of inadvertent archaeological discoveries shall be adopted for all phases and aspects of work carried out by or for the City of Arcata and at the discretion of the City Community Development Department, attached as a Condition to Permits approved pursuant to CEQA. The intent is to avoid or minimize direct or indirect impacts to significant archaeological or Native American discoveries that may qualify for inclusion in the California Register of Historical Resources and the National Register of Historic Places.
A. Notification of Discoveries. The Director shall be notified immediately upon the inadvertent discovery of an archaeological find or the inadvertent discovery of Native American remains and/or grave goods.
B. Establish List of Qualified Professional Archaeologists. For City of Arcata projects, the City shall make arrangements for the on-call services of one or more qualified archaeologists, using the list of qualified archaeologists provided by the Northwest Information Center. These professionals will provide services as needed by the City to conduct rapid assessments of potentially significant archaeological finds discovered during city projects. CEQA Project Applicants will be provided the Northwest Information Center list of qualified professional consultants to contact in the event that archaeological materials are encountered in a "post-review" scenario.
C. Establish Protocol for Notifying Wiyot Tribal Representatives of Native American Discoveries. A component of the agreement developed under Section 9.53.030.D will be the specification of a protocol for the notification of Wiyot Tribal governments in cases of inadvertent discoveries of Native American cultural resources.
D. Standard Operating Procedures for Inadvertent Archaeological Discovery (General). Ground-disturbing activities shall be immediately stopped if potentially significant historic or archaeological materials are discovered. Examples include, but are not limited to, concentrations of historic artifacts (e.g., bottles, ceramics) or prehistoric artifacts (chipped chert or obsidian, arrow points, ground stone mortars and pestles), culturally altered ash-stained midden soils associated with pre-contact Native American habitation sites, concentrations of fire-altered rock and/or burned or charred organic materials, and historic structure remains such as stone-lined building foundations, wells or privy pits. Ground-disturbing project activities may continue in other areas that are outside the discovery locale.
1. An "exclusion zone" where unauthorized equipment and personnel are not permitted shall be established (e.g., taped off) around the discovery area plus a reasonable buffer zone by the Contractor Foreman or authorized representative, or party who made the discovery and initiated these Standard Operating Procedures, or if on-site at the time of discovery, by the Monitoring Archaeologist.
2. The discovery locale shall be secured (e.g., 24-hour surveillance) as directed by the City if considered prudent to avoid further disturbances.
3. The Contractor Foreman or authorized representative, or party who made the discovery and initiated these Standard Operating Procedures, shall be responsible for immediately contacting by telephone the parties listed below to report the find and initiate the consultation process for its treatment and disposition:
a. The City’s authorized Point-of-Contact and City Manager;
b. The Contractor’s authorized Point-of-Contact;
c. Authorized Point-of-Contact of applicable agencies;
d. Tribal representative.
In addition, in cases where a known or suspected Native American burial or skeletal remains are uncovered, the Standard Operating Procedures under subsection (E) of this Section shall also be followed and the following contacts shall be notified:
a. The Coroner of the county where the discovery is made; and
b. The Native American Heritage Commission (NAHC) in Sacramento.
4. Ground-disturbing project work at the find locality shall be suspended temporarily while the City, its Lead Archaeologist, State Office of Historic Preservation (OHP) staff, and other applicable parties consult about appropriate treatment and disposition of the find. Should Native American remains be encountered, the provisions of State laws shall apply (see below). The Treatment Plan shall reference appropriate laws and include provisions for analyses, reporting, and final disposition of data recovery documentation and any collected artifacts or other archaeological constituents.
5. The City’s officers, employees and agents, including Contractors, shall be obligated to protect significant cultural resource discoveries and may be subject to prosecution if applicable State or Federal laws are violated. In no event shall unauthorized persons collect artifacts.
6. Any and all inadvertent discoveries shall be considered strictly confidential, with information about their location and nature being disclosed only to those with a need to know. The City’s authorized representative shall be responsible for coordinating any requests by or contacts to the media about a discovery.
7. Standard Operating Procedures shall be communicated to the City’s field work force including its Contractors, employees, officers or agents, and such communications may be made through weekly tailgate safety briefings.
8. Ground-disturbing work at a discovery locale may not be resumed until authorized by the City’s Point-of-Contact.
E. Standard Operating Procedures for Inadvertent Discovery of Human Remains and Grave Goods. The following policies and procedures for treatment and disposition of inadvertently discovered human remains shall apply:
1. If human remains are encountered, they shall be treated with dignity and respect as due to them. Discovery of Native American remains is a very sensitive issue and serious concern of affiliated Native Americans. Information about such a discovery shall be held in confidence by all project personnel on a need-to-know basis. The rights of Native Americans to practice ceremonial observances on sites, in labs and around artifacts shall be upheld.
2. Violators of Section 7050.5 of the California Health and Safety Code may be subject to prosecution to the full extent of applicable law (felony offense).
3. In the event that known or suspected Native American remains are encountered, the above procedures of Standard Operating Procedures, subsection (D) of this Section, for Inadvertent Archaeological Discovery (General) shall be followed including notifications to those identified in subsection (D)(3) of this Section, in addition to the provisions of California law (Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the California Public Resources Code), as follows:
a. The Coroner has two working days to examine the remains after being notified of the discovery. If the remains are Native American, the Coroner has 24 hours to notify the Native American Heritage Commission.
b. The Native American Heritage Commission is responsible for identifying and immediately notifying the Most Likely Descendant of the deceased Native American. (Note: Native American Heritage Commission policy holds that the Native American Monitor will not be designated the Most Likely Descendant.)
c. Within 24 hours of their notification by the Native American Heritage Commission, the Most Likely Descendant will be granted permission by the landowner (pursuant to PRC Section 5097.98) to inspect the discovery site if they so choose.
d. Within 24 hours of their notification by the Native American Heritage Commission, the Most Likely Descendant may recommend to the City’s Point-of-Contact means for treating or disposing, with appropriate dignity, the human remains and any associated grave goods. The recommendation may include the scientific removal and non-destructive or destructive analysis of human remains and items associated with Native American burials. Only those osteological analyses (if any) recommended by the Most Likely Descendant may be considered and carried out.
e. Whenever the Native American Heritage Commission is unable to identify a Most Likely Descendant, or the Most Likely Descendant identified fails to make a recommendation, or the City’s Point-of-Contact rejects the recommendation of the Most Likely Descendant and mediation between the parties by Native American Heritage Commission fails to provide measures acceptable to the landowner (PRC Section 5097.98), the landowner shall cause the re-burial of the human remains and associated grave offerings with appropriate dignity on the property in a location not subject to further subsurface disturbance.
F. Standard Operating Procedures for Documenting Inadvertent Archaeological Discoveries.
1. The Contractor Foreman or authorized representative, or party who made the discovery and initiated these Standard Operating Procedures, shall make written notes available to the City describing: the circumstances, date, time, location and nature of the discovery; date and time each Point-of-Contact was informed about the discovery; and when and how security measures were implemented.
2. The City’s Point-of-Contact shall prepare or authorize the preparation of a summary report which shall include: the time and nature of the discovery; who and when parties were notified; outcome of consultations with appropriate agencies and Native American representatives; how, when and by whom the approved Treatment Plan was carried out; and final disposition of any collected archaeological specimens.
3. The Contractor Foreman or authorized representative shall record how the discovery downtime affected the immediate and near-term contracted work schedule, for purposes of negotiating contract changes where applicable.
4. Monitoring Archaeologists and Native American Representatives shall maintain daily field notes.
5. Treatment Plans and corresponding data recovery reports shall be authored by professionals who meet the Federal criteria for Principal Investigator Archaeologist and reference the Secretary of the Interior’s Standards and Guidelines for Archaeological Documentation (48 FR 44734-44737).
6. Final disposition of all collected archaeological materials shall be documented in the final data recovery report. Long-term storage of collections may be housed at the facility nearest to the discovery locale that conforms to Federal guidelines for curation of archaeological collections (36 CFR 79).
G. Filing with the California Historical Resources Information System (CHRIS). Final Data Recovery Reports along with updated standard California site record forms (DPR 523 series) shall be filed at the appropriate Information Center of the California Historical Resources Information System.
H. Sacred Sites Inventory. Confidential information concerning the discovery location, treatment and final disposition of Native American remains shall be forwarded to the Sacred Sites Inventory maintained by the Native American Heritage Commission. (Ord. 1513, eff. 3/8/2019)