Chapter 18.450
HISTORIC PRESERVATION
Sections:
18.450.020 Applicability and authority.
18.450.030 Designation of city landmark or historic district.
18.450.040 Notice of nomination.
18.450.060 Nomination with request to alter a potential landmark.
18.450.070 Review, hearing, and decision.
18.450.100 Building code exemptions.
18.450.120 Duty to maintain and repair.
18.450.130 Termination of designation.
18.450.140 Environmental review.
18.450.150 Post-decision procedures.
18.450.010 Purpose.
This chapter establishes standards and regulations to recognize, preserve, and enhance areas, places, sites, buildings, and structures of historic, community, or aesthetic interest or value. More specifically, this chapter is intended to:
A. Safeguard the heritage of the city by preserving and perpetuating areas, places, sites, buildings, structures, monuments, works of art, and other objects that reflect elements of the city’s cultural, historical, social, economic, political, agricultural, military, educational, or architectural history;
B. Protect and enhance property values within the city;
C. Enhance the visual and aesthetic character, diversity, and interest of the city;
D. Foster civic pride in the beauty and notable accomplishments of the past and enrich human life in its educational, patriotic, civic, and cultural dimension;
E. Promote the use and preservation of historic locations, places, sites, structures, and objects for the education and general welfare of the people of the city;
F. Prevent the sudden, arbitrary, impetuous, and capricious destruction, removal, or remodeling of historic landmarks; and
G. Recognize the property rights of owner of property declared a “landmark” or located within a historic district. [Ord. 12-4. DC 2012 § 122-1074].
18.450.020 Applicability and authority.
A. No person shall alter the exterior of, construct improvements to, demolish, or relocate any structure or alter the appearance of any property designated as a city historic landmark except in compliance with the requirements of this chapter.
B. To accomplish the purposes of this chapter, the planning commission has the power and responsibility to:
1. Designate areas, places, sites, buildings, structures, and similar objects and locations as city landmarks or historic districts;
2. Approve, conditionally approve, or disapprove applications for construction, alteration, repair, or demolition of city landmarks or historic districts; and
3. Establish and maintain a list of structures, sites, and areas deemed deserving of recognition, although not designated as city landmarks. [Ord. 12-4. DC 2012 § 122-1075].
18.450.030 Designation of city landmark or historic district.
A. Landmark or District Nomination. Nominations of areas, places, sites, buildings, structures, and similar objects for designation as landmarks or districts may be initiated by the city council or the planning commission by adoption of a resolution of intent to nominate or by an application from:
1. The owners or their authorized agents of a property proposed for landmark status; or
2. A majority of the property owners within the boundaries of a proposed historic district.
B. Designation of Landmarks. To be eligible for designation as a landmark, the planning commission must find that a property meets at least one of the following:
1. Unique character, interest, or value due to a special association with the development, heritage, or cultural characteristics of the city, state, or United States of America;
2. Location as the area, place, or site of a significant historic event or identification with a person or persons who contributed significantly to the culture, history, and development of the city;
3. Exemplification of the cultural, educational, economic, patriotic, social, or historic heritage of the city or portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style;
4. The first, last, only, or most significant architectural property of a specified type in the city, an example of the more notable work or the best surviving work of an architect or master builder whose individual work has influenced the development of the city, or prototypes or outstanding examples of periods, styles, architectural movements, or construction expressed by architectural design, detail, materials, or craftsmanship that represents a significant architectural innovation;
5. Substantial contribution to the significance of other distinctive locations, areas, places, and sites that are designated or eligible for landmark designation due to property’s age, use, size, style, materials, history, educational, patriotic, cultural, or architectural motif;
6. Unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, community, or the city; or
7. Listing on the National Register described in Chapter 16 of the United States Code or the State Register of Historic Resources described in Chapter 1.1.5 of the California Public Resources Code.
C. Designation of Historic Districts. A geographic area may be considered for designation as a historic district if a contiguous area that includes a group of parcels meets at least one of the following:
1. A significant number of the parcels reflect significant geographical patterns, including those associated with different eras of settlement and growth, particular transportation modes, or distinctive examples of park or community planning;
2. A significant number of the parcels convey a sense of historic or architectural cohesiveness through their design, setting, materials, workmanship, or association;
3. A significant number of the parcels have historic significance and retain a high degree of integrity;
4. The area in general is associated with a historically significant period in the development of the community or is associated with special historical events;
5. A significant number of the parcels embody distinctive characteristics of a style, type, period, or method of construction, or are a valuable example of the use of indigenous materials or craftsmanship; or
6. A significant number of the parcels represent the works of notable builders, designers, or architects. [Ord. 12-4. DC 2012 § 122-1076].
18.450.040 Notice of nomination.
If the city council or planning commission initiates landmark or district nomination, the city shall notify the owner(s) of affected property within 10 days after adoption of the resolution of intent. [Ord. 12-4. DC 2012 § 122-1077].
18.450.050 Application.
Applications for a landmark or district nomination shall be completed, filed, and processed in accordance with this chapter. Applications shall be accompanied by the information identified in the landmark or district nomination or certificate of appropriateness checklist, as appropriate, on file with the planning division, and all applicable fees in accordance with the currently adopted city fee schedule. No property shall be proposed for nomination as a landmark or as a contributing property within a historic district without the written consent of all affected property owners. [Ord. 12-4. DC 2012 § 122-1078].
18.450.060 Nomination with request to alter a potential landmark.
If a property owner submits a nomination accompanied by a request for entitlement or other request to alter the property requiring a certificate of appropriateness pursuant to CDC 18.450.080(A), the applications shall be processed concurrently. [Ord. 12-4. DC 2012 § 122-1079].
18.450.070 Review, hearing, and decision.
A. Review. The planning commission shall review all nominations for conformance with the purposes of this chapter and with the criteria for designation in CDC 18.450.030(B) or (C) at a public hearing. Notice of the public hearing shall be provided and the hearing shall be conducted in accordance with the provisions of Chapter 18.500 CDC (Public Hearings).
B. Decision. The commission shall approve, disapprove, or modify the proposed designation based on the criteria in CDC 18.450.080(C) and (D).
1. Determination by Commission. The commission shall make a determination with respect to the designation by resolution, in writing, with a description of the designated property.
2. Effect of Designation. Landmarks and contributing properties in a historic district may be altered only after obtaining a certificate of appropriateness, pursuant to CDC 18.450.080(A).
3. Effect of Disapproval. If a nomination is disapproved, a subsequent nomination for the same landmark or historic district may not be considered for at least three years unless substantial additional information becomes available, in which case the nomination may be resubmitted after one year.
4. Notice of Determination. Notice of the commission’s determination shall be provided to the owner and any person having a legal or equitable interest in said property, as well as to other parties that have requested a copy. When a landmark is designated, the city’s chief building official shall be notified of the designation.
5. Filing with County Recorder. When the planning commission designates a landmark or district, a certified copy of the resolution of designation, including a statement of the effect of the designation, shall be filed with the county recorder. [Ord. 12-4. DC 2012 § 122-1080].
18.450.080 Changes to historically significant resources, designated landmarks, and historic districts.
A. Certificate of Appropriateness. An application for a certificate of appropriateness (“certificate”) is required for any exterior alteration, demolition, or removal of any historically significant resource, city-designated landmark or historic district. Applications for a certificate of appropriateness shall be completed, filed, and processed in accordance with this chapter. Applications shall be accompanied by historical information regarding the property, a detailed statement of the proposed alteration, including architectural plans, and the information identified in the certificate of appropriateness checklist on file with the planning division. If deemed necessary, design and construction plans shall be subject to third party review by a recognized preservationist or other required specialist, with the costs borne by the applicant.
B. Review. All applications shall be reviewed as follows:
1. Minor Alterations. The following minor exterior changes to a landmark or historically significant resource may be reviewed administratively:
a. Repainting with original color palette.
b. Reroofing with original materials.
c. The addition of wheelchair ramps with consistent exterior finishes that do not result in the demolition of any architectural elements that contribute to the historic character of the building or site.
2. Major Alterations. All other alterations shall be reviewed by the planning commission.
C. Criteria for Review. The planning commission shall consider the following standards in reviewing an application for a certificate of appropriateness:
1. The proposed alteration will not adversely affect the exterior architectural features of the historically significant resource, designated landmark, or contributing property in a designated historic district or the special character, interest, or value of neighboring improvements and surroundings, including facade, setback, roof shape, scale, height, and relationship of material, color, and texture.
2. The most current standards contained in the Secretary of the Interior’s Standards for the Treatment of Historic Properties and its Guidelines.
D. Scope of Review. The planning commission shall approve, conditionally approve, or deny an application for a certificate of appropriateness based on the following criteria used for justifying the designation as a landmark:
1. Architectural design and detail;
2. Height, bulk, and massing of buildings and structures;
3. Lot coverage and building orientation;
4. Color and texture of surface materials;
5. Grading and site development;
6. Landscaping materials and design;
7. Changes to natural features;
8. Location of off-street parking;
9. Light fixtures and street furniture;
10. Walls, fencing, doors, windows, screens, steps, communication equipment, and security grills;
11. Yards and setbacks;
12. Signage; and
13. Other considerations identified in the Secretary’s Standards and Guidelines or other city-approved design guidelines. [Ord. 12-4. DC 2012 § 122-1081].
18.450.090 Findings.
The planning commission shall approve a certificate of appropriateness based on the following:
A. If the certificate of appropriateness is for an exterior alteration, addition, rehabilitation, or restoration, which:
1. Will not adversely affect any significant historical or aesthetic feature of the property and is appropriate and consistent with the spirit and purpose of this chapter; and
2. Conforms to the Secretary of the Interior’s Standards for the Treatment of Historic Properties and its guidelines.
B. If the certificate of appropriateness is for demolition or removal:
1. It is not economically feasible to remodel, rehabilitate, or reuse the designated landmark.
2. Denial of the application would deprive the owner of any economically viable use of the property. [Ord. 12-4. DC 2012 § 122-1082].
18.450.100 Building code exemptions.
The planning division or planning commission may request exemptions from building code requirements for buildings or structures that are designated landmarks when such exemptions are necessary for the preservation of significant historical or architectural features of the landmark. When the city engineer or building official finds that an exemption is necessary to achieve the purposes of this chapter, the city engineer or building official shall approve the exemption as provided for in the State Historic Building Code if the modification or exception does not create any condition immediately hazardous to life or property. [Ord. 12-4. DC 2012 § 122-1083].
18.450.110 Plan review.
No building, grading, or demolition permit shall be issued for any project for which a certificate of appropriateness is required until the city approves a final site plan and building plans showing all changes required as conditions of approval. [Ord. 12-4. DC 2012 § 122-1084].
18.450.120 Duty to maintain and repair.
A. The owner, occupant, or other person in charge of a designated historic landmark shall keep the exterior of the structure in good repair and any interior areas where maintenance is necessary to prevent deterioration and decay of any exterior architectural feature. For purposes of this section “good repair” means the prevention of structural decay or structural failure and prevention of irreparable damage to the major historic or architectural features of the structure.
B. Disrepair and dilapidation may not be used as a justification for demolition if periodic maintenance and repair has not been done and the designated landmark falls into disrepair.
C. None of these requirements shall be construed to prevent any measures of construction, alteration, or demolition necessary to correct or abate unsafe or dangerous conditions of any structure or other feature of a designated landmark when the city building official or the fire marshal has declared such measures necessary. In such cases, only such work as is reasonably necessary to correct the unsafe or dangerous condition may be performed. [Ord. 12-4. DC 2012 § 122-1085].
18.450.130 Termination of designation.
The owner or any interested person may apply to the planning commission for termination of a landmark designation. The procedures set forth in CDC 18.450.080 (Changes to historically significant resources, designated landmarks, and historic districts) shall apply. When a landmark designation is terminated, the chief building official shall be notified and a cancellation notice of the previously recorded notice of designation shall be sent to the county recorder for recording. [Ord. 12-4. DC 2012 § 122-1086].
18.450.140 Environmental review.
The review and approval of a designation of landmark or historic district; a certificate of appropriateness; and the termination of a designation shall be in compliance with the California Environmental Quality Act (CEQA) and the city’s local environmental review procedures as related to historic resources, and the appropriate environmental document shall be prepared for review and determination by the planning commission. [Ord. 12-4. DC 2012 § 122-1087].
18.450.150 Post-decision procedures.
The procedures and requirements relating to appeals, project revisions, issuance of a building permit, effective dates, lapse of approval, extensions, and revocations located in Division VIII of this title (Administration) shall apply following the decision on an application for a designation of landmark or historic district, a certificate of appropriateness, and a termination of designation. [Ord. 12-4. DC 2012 § 122-1088].