Chapter 17.52 H-D, HISTORIC DISTRICT

A. The city council intends to actively promote the purposes of this chapter by (1) creating incentives for residents, property owners and businesses, (2) encouraging cooperation in attaining the purposes set forth in this chapter, and (3) providing a simple, fair and effective system of enforcement of the regulations contained in this chapter.

B. The purposes of this chapter are:

1. To preserve and enhance the historic, small-town atmosphere of the historic district as it developed between the years 1850 and 1950;

2. To maintain, restore, and reconstruct historic structures and sites within the historic district;

3. To encourage an active business climate which promotes the development of a diverse range of businesses compatible with the historic district as it developed between the years 1850 and 1950;

4. To retain the residential areas within the historic district;

5. To ensure that new residential and commercial development is consistent with the historical character of the historic district as it developed between the years 1850 and 1950;

6. To increase the awareness, understanding, and appreciation of the history of the city; and

7. To preserve and enhance open space areas. (Ord. 890 § 2 (part), 1998)

17.52.020 Historic district commission.

There shall be a historic district commission of 7 members, appointed by the mayor with the consent of the city council. The historic district commission shall be composed of the following members:

A. One representative who is actively involved with historic preservation;

B. One representative who is a resident of the historic district;

C. One representative who owns a business within the Sutter Street subarea;

D. Two planning commissioners;

E. One representative from a historic district business outside the Sutter Street subarea; and

F. One architect, landscape architect, or other design professional with expertise in historic preservation. (Ord. 890 § 2 (part), 1998)

17.52.030 Eligibility for office.

Members of the historic district commission shall be residents and registered voters of the city. If a member of the historic district commission moves his or her residence outside of the city, or ceases to be a registered voter of the city or otherwise loses a qualification for membership on the commission (e.g., the resident representative moves to another area of the city or the business owner sells the business), such member shall automatically be removed from office. (Ord. 890 § 2 (part), 1998)

17.52.040 Term.

The members of the commission shall be appointed to serve for 2 years except for members appointed to the commission in December of 2002 who are filling the seats designated in subsections 17.52.020 A, B and C, who shall be appointed to 3 year terms and thereafter members filling these 3 seats shall be appointed to serve for 2 year terms expiring on the date of the first regularly scheduled meeting in December of odd numbered years. Four members (members filling the seats designated in subsections 17.52.020 D, E and F) shall have terms which expire on the date of the first regularly scheduled meeting of the city council in December of even numbered years. (Ord. 964 § 3, 2002: Ord. 890 § 2 (part), 1998)

17.52.050 Vacancies.

If a member of the historic district commission is unable or unwilling to complete his or her term, the city council shall fill the vacancy by appointing a qualified person to serve the remainder of the term. (Ord. 890 § 2 (part), 1998)

17.52.060 Removal.

The members of the historic district commission serve at the pleasure of the city council and may be removed from office by a vote of a majority of the members of the city council. No public hearing need be held prior to removal, and no cause for removal need be shown. (Ord. 890 § 2 (part), 1998)

17.52.070 Meetings.

The historic district commission shall meet at least once each month on a regularly scheduled time and day, and at such other times as the chairperson deems necessary to perform the duties of the historic district commission. (Ord. 890 § 2 (part), 1998)

17.52.080 Appointment of officers.

The historic district commission shall appoint a chairperson and vice-chairperson from among its members. The chairperson and vice-chairperson shall serve at the pleasure of the commission. The chairperson shall call an election annually. (Ord. 890 § 2 (part), 1998)

17.52.090 Quorum.

Four members of the historic district commission constitute a quorum, and a majority of those present is sufficient to take any action of the commission. (Ord. 890 § 2 (part), 1998)

17.52.100 Rules.

The historic district commission shall adopt rules for the transaction of its business, including rules for the election of officers. (Ord. 890 § 2 (part), 1998)

17.52.110 Record of proceedings.

The historic district commission shall maintain summary minutes and a taped recording of its proceedings. The taped recording shall be retained as set forth in the city’s record retention policy. (Ord. 890 § 2 (part), 1998)

17.52.120 Duties of the historic district commission.

The historic district commission shall have the following duties and responsibilities:

A. Oversee the implementation of the provisions of this chapter;

B. Develop and recommend design guidelines to the city council for the historic district;

C. Prepare and maintain a survey of the historic structures within the historic district;

D. Provide assistance to residents, property owners and business owners in relation to the provisions of this chapter;

E. Provide advisory review, upon the request of another city commission, committee, any city department, or as directed by the city council, of projects or programs affecting or relating to the historic district;

F. Recommend to the city council amendments to adopted city plans or codes in the interest of furthering the purposes of this chapter;

G. Review the design and architecture of any new structure, or alteration to any existing structures within the historic district, as further defined in this chapter;

H. Determine the historical significance of structures as further defined in this chapter;

I. Review applications for sign permits, conditional use permits, variances, land divisions and mergers within the historic district;

J. Make recommendations to the city council regarding programs and incentives to encourage and to support the preservation, maintenance, and rehabilitation of historic structures; and

K. Carry out such other duties relating to the historic district as may be assigned by the city council. (Ord. 890 § 2 (part), 1998)

17.52.130 Administrative support.

The planning, inspections and permitting director shall be responsible for the administration of this chapter and shall assist the historic district commission in performing its functions. The director shall carry out those additional duties delegated by the historic district commission. (Ord. 890 § 2 (part), 1998)

17.52.140 Historic district boundaries.

The geographic boundaries of the historic district are described as follows:

Beginning at the northern boundary corner of APN 070-0220-013; thence southeasterly along the easterly boundaries of said parcel to the centerline of Stafford Street; thence southeasterly along said centerline to the centerline of Dean Way; thence southwesterly along the centerline of Dean Way to Coloma Street; continuing southwesterly in a straight line connecting the centerline of Dean Way and the centerline of Bidwell Street at Riley Street; thence southwesterly along the centerline of Bidwell Street to the intersection of an extension of said centerline with the western boundary of the railroad/Folsom Boulevard transportation corridor; thence southward along said western boundary to the boundary between Folsom Lake State Recreation Area parcels APN 070-0130-003 and APN 071-0020-022; thence northwesterly and then northeasterly along the boundary of state park lands to the boundary of the original Map of Folsom; thence northwesterly to the centerline of the American River; thence northeasterly to Riley Street (the Rainbow Bridge); thence northerly across the American River to the north boundary of state park lands; thence easterly along said boundary 350 feet more or less; thence southerly across the American River along a line parallel to Riley Street to the centerline of the American River; thence northeasterly and easterly to the point of beginning.

The historic district is further divided into primary areas and subareas in which specialized development standards shall apply. These geographic boundaries of the primary areas and subareas are described in Sections 17.52.150 through 17.52.260. Specific use and design standards for these areas are described in Sections 17.52.510 through 17.52.570. Permitted uses in these areas include those permitted in the applicable primary area and/or subarea as listed in Sections 17.52.510 through 17.52.570 and those permitted in the applicable base zoning district as listed in Chapters 17.11 through 17.23. If a conditional use permit is required by the applicable primary area and/or subarea as listed in Sections 17.52.510 through 17.52.570 or by the applicable base zoning district as listed in Chapters 17.11 through 17.23, a conditional use permit shall be required. (Ord. 1287 § 2, 2018: Ord. 890 § 2 (part), 1998)

17.52.150 Historic commercial primary area.

The geographic boundaries of the Historic Commercial Primary Area are described as follows:

Beginning at the intersection of the centerline of Scott Street with the west boundary of the Riley Street right-of-way, proceeding southerly along the westerly boundary of the Riley Street right-of-way to its intersection with Leidesdorff St.; thence northerly and westerly along the southern boundary lines of Folsom Lake State Recreation Area lands to the railroad/Folsom Boulevard transportation corridor’s eastern boundary line; thence southerly along said boundary to the deck structure above the railroad/Folsom Boulevard transportation corridor right-of-way at Leidesdorff Street; thence northerly along the western boundary of the railroad/Folsom Boulevard transportation corridor right-of-way to its intersection with the boundary of Folsom Lake State Recreation Area lands; thence southwesterly along the boundary of said state park lands to the centerline of Young Wo Circle; thence northwesterly along said centerline to the centerline of Forrest Street; thence northwesterly along said centerline to a point on the extension of the northern boundary of APN 070-0240-001; thence northeasterly along said boundary line to Sutter Street; thence northeasterly to the centerline of Sibley Street; thence south-easterly to the western boundary of the railroad/Folsom Boulevard transportation corridor right-of-way; thence northeasterly to the deck structure above the railroad/Folsom Boulevard transportation corridor right-of-way; thence southerly along the eastern boundary of the railroad/Folsom Boulevard transportation corridor right-of-way to the centerline of the alley lying between and parallel to Sutter and Figueroa Streets; thence northerly along the boundary line between APN 070-0062-003 and APN 070-0062-004 across Leidesdorff Street to the boundaries of state park lands and Riley Street; and thence westerly along said boundary to the centerline of Scott Street; thence northwesterly to the point of beginning.

An area consisting of APN 070-0182-001.

The historic commercial primary area is further divided into the following subareas: the Sutter Street subarea, the River Way subarea, the Railroad Wye subarea and the Resort subarea. (Ord. 890 § 2 (part), 1998)

17.52.160 Sutter Street subarea.

The geographic boundaries of the Sutter Street subarea are described as follows:

Beginning at the intersection of the centerline of Scott Street with the west boundary of the Riley Street right-of-way, proceeding south along the west boundary of the Riley Street right-of-way to its intersection with Leidesdorff St.; thence northerly and westerly along the southern boundary lines of state park lands to the eastern boundary of the railroad/Folsom Boulevard transportation corridor right-of-way line; thence southerly along said boundary to and including the deck structure above the railroad/Folsom Boulevard transportation corridor right-of-way at Leidesdorff Street; thence southerly to the intersection of the western boundary of the railroad/Folsom Boulevard transportation corridor right-of-way with the center-line of the alley lying between and parallel to Sutter and Figueroa Streets, proceeding along the alley to a point between APN 070-0113-003 and APN 070-0113-004; thence northerly along the boundary line to the centerline of Sutter Street; thence northerly along the boundary line between APN 070-0062-014 and APN 070-0062-013 to the center line of the alley lying between and parallel to Sutter and Leidesdorff Streets; thence northerly along the boundary line between APN 070-0062-003 and APN 070-0062-004 across Leidesdorff Street to the boundaries of state park lands and Riley Street; and thence northerly along the east boundary of the Riley Street right-of-way to the point of beginning.

This subarea encompasses Folsom’s original central business district, the area first zoned for historic preservation. (Ord. 890 § 2 (part), 1998)

17.52.170 River Way subarea.

The geographic boundaries of the River Way subarea are described as follows:

Beginning at the intersection of the centerline of Sibley Street with the westerly boundary of the railroad/Folsom Boulevard transportation corridor right-of-way; thence northwesterly along said centerline to its intersection with Sutter Street; thence southwesterly to APN 070-0240-001; thence westerly along the northern boundary of said parcel to Burnett Street; thence northwesterly to the centerline of Leidesdorff Street; thence northeasterly along said centerline to a point on the extension of the boundary line between APN 070-0045-015 and APN 070-0045-014; thence northwesterly along said boundary line to the centerline of River Way, the alley parallel to and lying between Sutter and Leidesdorff Streets; thence south-westerly along said centerline to the boundary between APN 070-0045-020 and APN 070-0045-026; thence northwesterly along said boundary line to the boundary of state park lands; thence northeasterly along said boundary to its intersection with the western boundary of the railroad/Folsom Boulevard transportation corridor right-of-way; thence southerly along said right-of-way to the point of beginning.

(Ord. 890 § 2 (part), 1998)

17.52.180 Railroad Wye subarea.

The geographic boundaries of the Railroad Wye subarea are described as follows:

An area consisting of APN 070-0182-001.

(Ord. 890 § 2 (part), 1998)

17.52.190 Resort subarea.

The geographic boundaries of the Resort subarea are described as follows:

Beginning on the centerline of Leidesdorff Street at a point on the extension of the boundary line between APN 070-0045-015 and APN 070-0045-014; thence southwesterly along said centerline to Burnett Street; thence southeasterly to the northern boundary of APN 070-0240-001; thence southwesterly along said boundary to the centerline of Forrest Street; thence southeasterly along said centerline to the centerline of Young Wo Circle; thence southwesterly along said centerline to its intersection with the boundary of Folsom Lake State

Recreation Area lands; thence northerly and northeasterly along said boundary to the boundary line between APN 070-045-026 and APN 070-045-020; thence southeasterly along said boundary line to the centerline of River Way, the alley parallel to and lying between Sutter and Leidesdorff Streets; thence northeasterly along said centerline to a point on the extension of the boundary line between APN 070-0045-014 and APN 070-0045-015; thence southeasterly to the point of beginning.

This subarea consists of the city-owned corporation yard property. (Ord. 890 § 2 (part), 1998)

17.52.200 Natoma-Riley-Bidwell commercial primary area.

The geographic boundaries of the Natoma-Riley-Bidwell commercial primary area are described as follows:

Beginning at the intersection of the centerline of Stafford Street with the centerline of the alley lying between and parallel to Natoma and Persifer Streets; thence southwesterly along said alley centerline, to the centerline of Coloma Street; thence southeasterly along the centerline to its intersection with the centerline of Persifer Street; thence southwesterly along said centerline to a point on the extension of the boundary line between APN 070-0166-006 and APN 070-0166-013; thence northwesterly along said boundary line to the centerline of the alley lying between and parallel to Natoma and Persifer Streets; thence southwesterly approximately along said alley centerline, following parcel lines where alley abandonment has occurred, to the boundary line between APN 070-0162-013 and APN 070-0162-010; thence southeasterly along said boundary line to the centerline of Persifer Street; thence southwesterly along said centerline to its intersection with the centerline of Riley Street; thence southeasterly along the centerline of Riley Street to the centerline of Bidwell Street; thence south-westerly along the centerline of Bidwell Street to a point on the extension of the boundary between APN 070-0203-008 and APN 070-0203-009; thence northwesterly along said boundary to the centerline of the alley lying between and parallel to Bidwell and Persifer Streets; thence northeasterly to a point on the extension of the boundary between APN 070-0203-005 and APN 070-0203-006; thence northwesterly along said boundary to the centerline of Persifer Street; thence southwesterly to a point on the extension of the boundary between APN 070-0156-013 and APN 070-0156-007; thence northwesterly along said boundary to the centerline of the alley lying between and parallel to Persifer and Natoma Streets; thence south-westerly along said centerline to a point on the extension of the boundary between APN 070-0156-004 and APN 070-0156-003; thence northwesterly along said boundary to the centerline of Natoma Street; thence northeasterly to a point on the extension of the boundary between APN 070-0155-014 and APN 070-0155-013; thence northerly along said boundary to the centerline of the alley lying between and parallel to Natoma and Mormon Streets; thence northeasterly approximately along said centerline, following parcel lines where alley abandonment has occurred, to the centerline of Stafford Street; and thence along said centerline to the point of beginning.

Beginning at the intersection of the centerline of Natoma Street with the eastern boundary of the railroad/Folsom Boulevard transportation corridor right-of-way; thence northerly along said boundary to its intersection with Mormon Street; thence southeasterly along the boundary between APN 070-0146-002 and APN 070-0146-003 to the boundary line between APN 070-0146-001 and APN 070-0146-008; thence southeasterly along said boundary to the centerline of Natoma Street; thence northwesterly along said centerline to the point of beginning.

(Ord. 1271 § 2 (part), 2017; Ord. 890 § 2 (part), 1998)

17.52.210 Historic residential primary area.

The geographic boundaries of the historic residential primary area are described as follows:

Beginning at the northern boundary corner of APN 070-0220-013; thence southeasterly along the easterly boundaries of said parcel to the centerline of Stafford Street; thence southeasterly along said centerline to the centerline of Dean Way; thence southwesterly along the centerline of Dean Way to the centerline of Coloma Street; thence northwesterly along said centerline to the centerline of Persifer Street; thence southwesterly along said centerline to the centerline of Riley Street; thence southeasterly along said centerline to the centerline of Bidwell Street; thence southwesterly along said centerline to its intersection with the eastern boundary of the railroad/Folsom Boulevard transportation corridor; thence northerly along said boundary to the centerline of the alley lying between and parallel to Sutter and Figueroa Streets; thence northeasterly along said centerline to a point on the extension of the boundary between APN 070-0113-003 and APN 070-0113-004; thence northerly along the boundary line to the centerline of Sutter Street; thence northerly along the boundary line between APN 070-0062-014 and APN 070-0062-013 to the centerline of Leidesdorff Street; thence northwesterly along the boundary of Folsom Lake State Recreation Area lands to the point of beginning, excluding the areas within these boundaries which are otherwise described in this ordinance as the Open Space/Public Primary Area, the Railroad Wye Subarea and the Natoma-Riley-Bidwell Commercial Primary Area.

Beginning at the intersection of the western boundary of the railroad/Folsom Boulevard transportation corridor with the boundary between APN 070-0130-003 and APN 070-0141-001; thence northwesterly along said boundary to the centerline of Forrest Street; thence northwesterly along said boundary to the centerline of the abandoned Figueroa Street right-of-way; thence southwesterly along said centerline and extending along the southerly and westerly boundaries of APN’s 070-0250-058 through 065 to the centerline of Young Wo Circle; thence northwesterly to the centerline of Forrest Street to a point at the extension of the northerly boundary of APN 070-0240-001; thence northeasterly along said boundary line to the center-line of Sutter Street; thence northeasterly along said centerline to the centerline of Sibley Street; thence southeasterly along said centerline to the western boundary of the railroad/Folsom Boulevard transportation corridor; thence southerly along said boundary to the point of beginning.

This area is divided into four subareas: Figueroa subarea, Central subarea, Persifer-Dean subarea, and The Preserve subarea. (Ord. 890 § 2 (part), 1998)

17.52.220 Figueroa subarea.

The geographic boundaries of the Figueroa subarea are described as follows:

Beginning at the intersection of the centerline of Sibley Street with the easterly boundary of the railroad/Folsom Boulevard transportation corridor; thence northerly along said boundary to the centerline of the alley lying between and parallel to Sutter and Figueroa Streets; thence northeasterly along said centerline to a point on the extension of the boundary between APN 070-0113-003 and APN 070-0113-004; thence northwesterly along said boundary to the centerline of Sutter Street; thence southwesterly along said centerline to a point on the extension of the boundary between APN 070-0062-014 and APN 070-0062-013; thence northwesterly along said boundary to the centerline of the alley lying between and parallel to Sutter and Leidesdorff Streets; thence northeasterly approximately along said centerline, following property lines where alley abandonment has occurred, to the southwesterly boundary of APN 070-0070-009; thence southeasterly along said boundary line to the centerline of an abandoned segment of Sutter Street right-of-way; thence southwesterly along said centerline to a point on the extension of the boundary between APN 070-0120-009 and APN 070-0120-008; thence southeasterly along said boundary to the centerline of the alley lying between and parallel to Sutter and Figueroa Streets; thence southwesterly along said centerline to a point on the extension of the boundary between APN 070-0120-043 and APN 070-0120-047; thence southeasterly along said boundary to the centerline of an abandoned segment of Figueroa Street right-of-way; thence southwesterly along said centerline to the centerline of the abandoned Marshall Street; thence southeasterly along said centerline to the centerline of the alley, partially abandoned, lying between and parallel to Figueroa and Mormon Streets; thence southwesterly along said centerline to the centerline of Sibley Street; thence northwesterly to the point of beginning.

(Ord. 890 § 2 (part), 1998)

17.52.230 Central subarea.

The geographic boundaries of the Central subarea are described as follows:

An area consisting of the Historic Residential Primary Area described in Section 17.52.210, excluding areas described in Section 17.52.180 as the Railroad Wye Subarea, in Section 17.52.200 as the Natoma-Riley-Bidwell Commercial Primary Area, in Section 17.52.220 as the Figueroa Subarea, in Section 17.52.240 as the Persifer-Dean Subarea, in Section 17.52.250 as The Preserve Subarea, and in Section 17.52.260 as the Open Space/Public Primary Area.

The Central subarea is the largest subarea of the historic district and the one with the greatest variety in housing types. (Ord. 890 § 2 (part), 1998)

17.52.240 Persifer-Dean subarea.

The geographic boundaries of the Persifer-Dean subarea are described as follows:

Beginning at the intersection of the centerlines of Stafford Street and the alley lying between and parallel to Persifer and Natoma Streets; thence southeasterly along the centerline of Stafford Street to the centerline of Dean Way; thence south-westerly along said centerline to the centerline of Coloma Street; thence northwesterly along said centerline to the intersection of the centerline of the alley between Natoma and Persifer Streets, to the point of beginning.

(Ord. 1271 § 2 (part), 2017; Ord. 890 § 2 (part), 1998)

17.52.250 The preserve subarea.

The geographic boundaries of The Preserve subarea are described as follows:

(Ord. 890 § 2 (part), 1998)

17.52.260 Open space/public primary area.

The geographic boundaries of the open space/public area are described as follows:

Beginning at the intersection of the centerline of Scott Street with the west boundary of the Riley Street right-of-way, proceeding southerly along the westerly boundary of the Riley Street right-of-way to its intersection with Leidesdorff Street; thence northerly and westerly along the southern boundary lines of Folsom Lake State Recreation Area lands to the railroad/Folsom Boulevard transportation corridor’s eastern boundary line; thence southerly along said boundary to the center-line of Bidwell Street; thence westerly along said centerline to the intersection of an extension of said centerline to the western boundary of the railroad/Folsom Boulevard transportation corridor; thence southerly along said boundary to the boundary between APN 070-0130-003 and APN 071-0020-022; thence northwesterly and then northeasterly along the boundary of state park lands to the boundary of the original Map of Folsom; thence northwesterly to the centerline of the American River; thence northeasterly to Riley Street (the Rainbow Bridge); thence northerly across the American River to the north boundary of state park lands; thence easterly along said boundary 350 feet more or less; thence southerly across the American River along a line parallel to Riley Street to the centerline of the American River; thence northeasterly and easterly to the northern boundary corner of APN 070-0220-013; thence southwesterly along the boundary of Folsom Lake State Recreation Area lands to the centerline of Scott Street; thence northwesterly to the point of beginning, excluding areas described in Section 17.52.170 as the River Way subarea, in Section 17.52.190 as the Resort Subarea, in Section 17.52.230 as the Central subarea, and Section 17.52.250 as The Preserve Subarea.

Beginning at the intersection of the centerlines of Stafford Street and an abandoned segment of Leidesdorff Street right-of-way; thence southwesterly along said centerline of Leidesdorff Street, including segments not abandoned, to a point on the extension of the boundary line between APN 070-0070-009 and APN 070-0070-018; thence southeasterly along said boundary to the centerline of an abandoned segment of Sutter Street; thence southwesterly along said centerline to a point on the extension of the boundary between APN 070-0120-009 and APN 070-0120-008; thence southeasterly along said boundary to the centerline of the alley lying between and parallel to Sutter and Figueroa Streets; thence southwesterly along said centerline to a point on the extension of the boundary between APN 070-0120-043 and APN 070-0120-047; thence southeasterly along said boundary to the centerline of an abandoned segment of Figueroa Street right-of-way; thence south-westerly along said centerline to the centerline of the abandoned Marshall Street; thence southeasterly along said centerline to the centerline of the abandoned Mormon Street; thence northeasterly along said centerline to the centerline of Mill Street; thence northwesterly along said centerline, including the centerline of an abandoned segment of Mill Street, to the centerline of the abandoned Figueroa Street right-of-way; thence northeasterly to the boundary of APN 070-0120-011; thence north-easterly along the northerly boundary of said parcel to the centerline of Stafford Street; thence northwesterly to the point of beginning.

Beginning at the intersection of the centerlines of Sibley Street and the alley lying between and parallel to Natoma and Mormon Streets; thence southeasterly along the centerline of Sibley Street to its intersection with an extension of the southerly boundaries of APN 070-0142-032 and APN 070-0143-033; thence southwesterly along said boundaries to the center-line of an abandoned segment of Brunet Street; then northwesterly along said centerline to the centerline of Natoma Street; thence northeasterly along said centerline to a point on the extension of the boundary between APN 070-0146-001 and APN 070-0146-008; thence northwesterly to the centerline of the alley lying between and parallel to Natoma and Mormon Streets; thence northeasterly to the point of beginning.

Beginning at the intersection of the centerlines of Sibley Street and the alley lying between and parallel to Natoma and Mormon Streets; thence northwesterly along the centerline of Sibley Street to the centerline of Mormon Street; thence northeasterly along said centerline to the centerline of Decatur Street; thence southeasterly along said centerline to the centerline of the alley lying between and parallel to Natoma and Mormon Streets; thence southwesterly along said centerline to the point of beginning.

Beginning at the intersection of the centerlines of Bidwell and Riley Streets; thence northwesterly along the centerline of Riley Street to the centerline of Persifer Street; thence northeasterly along said centerline to the centerline of Coloma Street; thence southeasterly along said centerline to the centerline of Dean Way; thence southwesterly in a straight line to the point of beginning.

(Ord. 890 § 2 (part), 1998)

17.52.300 Design review.

The historic district commission shall have final authority relating to the design and architecture of the following structures within the historic district boundaries:

A. All new office, industrial, commercial and residential structures; and

B. All exterior renovations, remodeling, modification or addition to existing structures. (Ord. 890 § 2 (part), 1998)

17.52.310 Design review submittal requirements.

The applicant shall file the following information with the planning, inspections and permitting director for design review by the historic district commission:

A. Completed and signed application form including name, address and telephone number of the applicant;

B. Application fee as established by resolution of the city council;

C. A copy of all entitlements granted for the property by the city, including conditions of approval and the environmental documentation;

D. A copy of all required state and federal permits;

E. Site plan;

F. Building design plans;

G. Material samples and color board; and

H. Other material and information as requested by the commission. (Ord. 890 § 2 (part), 1998)

17.52.320 Posting of site.

Upon application for design review of a project by the historic district commission, the project site shall be posted by the applicant 5 days prior to the commission hearing, with a notice 11 inches by 17 inches in size, facing the street frontage, and indicating the project description and the place and time of the hearing. (Ord. 890 § 2 (part), 1998)

17.52.330 Plan evaluation.

In reviewing projects, the historic district commission shall consider the following criteria:

A. Project compliance with the General Plan and any applicable zoning ordinances;

B. Conformance with any city-wide design guidelines and historic district design and development guidelines adopted by the city council;

C. Conformance with any project-specific design standards approved through the planned development permit process or similar review process; and

D. Compatibility of building materials, textures and colors with surrounding development and consistency with the general design theme of the neighborhood. (Ord. 890 § 2 (part), 1998)

17.52.340 Approval process.

The historic district commission shall make its decision to approve, conditionally approve or deny the application with findings based on the criteria established in Section 17.52.330 of this chapter. A copy of the decision, findings and any applicable conditions shall be provided in writing to the applicant. (Ord. 890 § 2 (part), 1998)

17.52.350 Expiration and extension of approval.

A. An approval by the historic district commission shall be null and void unless the applicant submits a complete application for a building permit within one year from the date of approval.

B. The historic district commission may extend an approval for an additional 1 year upon receipt of a written request accompanied by a fee, as may be established by resolution of the city council, and other information deemed necessary by the director of the department of planning, inspections and permitting. Requests for approval extension must be received 60 days prior to the expiration of the original approval. (Ord. 890 § 2 (part), 1998)

17.52.360 Conditional use permit review.

A. The historic district commission shall have final authority relating to the issuance of conditional use permits for any of the uses or purposes for which such permits are required or permitted by the terms of this title, within the boundaries of the historic district.

B. In acting upon applications for conditional use permits, the historic district commission shall adhere to the procedural requirements set forth in Chapter 17.60, except for matters of appeal, which shall be governed by this chapter. (Ord. 890 § 2 (part), 1998)

17.52.370 Variance review.

A. The historic district commission shall have final authority relating to application for variances from any of the provisions of this title, within the boundaries of the historic district.

B. In acting upon applications for variances, the historic district commission shall adhere to the procedural requirements set forth in Chapter 17.62, except for matters of appeal, which shall be governed by this chapter. (Ord. 890 § 2 (part), 1998)

17.52.380 Sign permit review.

A. The historic district commission shall have final authority relating to the issuance of sign permits for any signs for which such permits are required by this title, within the boundaries of the historic district.

B. The provisions of Chapter 17.59 are applicable in the historic district as modified in this chapter and any adopted design and development guidelines. In acting upon applications for sign permits, the historic district commission shall adhere to the procedural requirements set forth in Chapter 17.59, except for matters of appeal, which shall be governed by this chapter. (Ord. 890 § 2 (part), 1998)

17.52.390 Environmental review.

Review by the historic district commission of applications for conditional use permits, sign permits, variances and design review is subject to the requirements of the California Environmental Quality Act (CEQA). The commission is authorized to hold public hearings on negative declarations, mitigated negative declarations, draft environmental impact reports and final environmental impact reports prepared on applications for the above permits or for design review. The commission shall not approve applications prior to considering the applicable environmental document and complying with the requirements of CEQA and any city procedures for preparation and processing of environmental documents. (Ord. 890 § 2 (part), 1998)

17.52.393 Review of land divisions and mergers.

Review of land divisions and mergers shall be subject to the requirements of the California Subdivision Map Act (Government Code section 66410 et seq.) and Title 16 of the Folsom Municipal Code. (Ord. 890 § 2 (part), 1998)

17.52.395 Delegation of design review.

The historic district commission may delegate its authority to review compliance with this chapter and any adopted design and development guidelines to the planning, inspections and permitting department under the following conditions:

A. The city council has adopted specific design and development guidelines for the historic district; and

B. Approval of the design of the project is the only matter within the jurisdiction of the historic district commission; and

C. The posting of notice required in Section 17.52.320 will consist of notice of the project, where a person can review documents concerning the project and the right to request a public hearing concerning the project by a date certain, which date will not be less than five days from the date the notice is posted. If a person requests a public hearing within the time allotted, the matter will be referred to the historic district commission for review; and

D. The planning, inspections and permitting department may only approve a project where it believes that the project clearly conforms to standards set forth in this chapter and the design and development guidelines. If the planning, inspections and permitting department determines that the project does not clearly conform to such regulations, approval of the design of the project shall be referred to the historic district commission; and

E. The planning, inspections and permitting department shall review the design of all approved projects with the historic district commission at its regular monthly meeting. Such review will allow the commission to provide input to the department concerning the appropriateness of the approvals and help the commission and the department develop a consistent approach to design review; and

F. If the planning, inspections and permitting department approves the design of a project under such delegated authority, the historic district commission may not overturn the decision of the planning, inspections and permitting department unless an appeal has been filed pursuant to Section 17.52.700. (Ord. 890 § 2 (part), 1998)

17.52.400 Design standards.

A. The design standards specified in Sections 17.52.410 through 17.52.590 shall be applicable to all new structures and alterations to existing structures within the historic district. Design review is required for all new structures and alterations to existing structures, unless otherwise specified in this chapter.

B. The city council may also enact design and development guidelines applicable to properties within the H-D zone. The design and development guidelines shall provide guidance to the historic district commission and the director of the planning, inspections and permitting as to the intent of the city council in carrying out the provisions of this chapter. The city council shall adopt the design and development guidelines by resolution, and may amend the design and development guidelines by resolution. The director of planning, inspections and permitting and the city clerk shall maintain a copy of the design and development Guidelines for the public’s review. In the event of a conflict between the design and development guidelines and the provisions of this chapter, the provisions of this chapter shall govern.

C. In the event of a conflict between the design standards in this chapter and any other standards in this title, the provisions of this chapter shall govern.

D. Exceptions to the design standards stated herein or in any subsequently adopted design and development guidelines may be permitted by the historic district commission when unique individual circumstances require the exception in order to comply with the purposes of this chapter or when necessary to allow for historical reconstruction of a previously existing structure or feature. (Ord. 890 § 2 (part), 1998)

17.52.410 Eaves.

Roof overhangs may extend into a required setback area a maximum of 2 feet, but shall not be closer than 3 feet to a property line or closer than 6 feet to any portion of another structure. (Ord. 890 § 2 (part), 1998)

17.52.420 Architectural features.

Fireplaces, bay windows, attached porches and decks and patios higher than 30 inches above grade, may extend into a required setback area a maximum of 2 feet, but shall not be closer than 3 feet to a property line or closer than 6 feet to any portion of another structure. The combined length of all such features shall not account for more than 25 percent of the length of the wall surface on which the features are located. (Ord. 890 § 2 (part), 1998)

17.52.430 Decks.

Except as may be permitted by Section 17.52.420 of this chapter, attached or detached decks or patios 30 inches above grade or higher shall adhere to the setback standards for structures. (Ord. 890 § 2 (part), 1998)

17.52.440 Fences.

Fence height in front yards shall not exceed 42 inches in height. Rear and side yard fencing shall not exceed 6 feet in height. (Ord. 890 § 2 (part), 1998)

17.52.450 Landscape features.

Patio trellis covers, fountains, statuary, and similar yard structures shall be set back a minimum of 3 feet from property lines. If the property line abuts a street or alley right-of-way, no setback is required. (Ord. 890 § 2 (part), 1998)

17.52.460 Play equipment.

Play equipment such as jungle gyms, tree houses, sports courts, basketball standards, and other similar equipment shall be set back a minimum of 5 feet from property lines. Play equipment smaller than 120 square feet or below fence height is not subject to design review. (Ord. 890 § 2 (part), 1998)

17.52.470 Swimming pools and spas.

Any pools, spas, or ponds to be installed in public view are subject to design review. Pools, spas or ponds shall be constructed in accordance with the provisions of Chapter 14.28. (Ord. 890 § 2 (part), 1998)

17.52.480 Accessory structures.

For the purposes of this chapter, an accessory structure is any freestanding roofed structure located on a parcel on which another larger structure (main structure) has been constructed. Accessory structures shall be setback 20 feet from the front property line of the main structure, 5 feet from any other property line, and 6 feet from all other structures on the property. An accessory structure shall not be larger than the main structure in square footage or height. Design review is not required for accessory structures smaller than 60 square feet or which are below required fence height. (Ord. 890 § 2 (part), 1998)

17.52.490 Accessory dwelling units.

Accessory dwelling units shall comply with the standards set forth in Chapter 17.105. (Ord. 1306 § 2, 2020: Ord. 890 § 2 (part), 1998)

17.52.500 Second units.

For the purposes of this chapter, second units shall be referred to as accessory dwelling units and shall comply with the standards set forth in Chapter 17.105. In addition, accessory dwelling units larger than eight hundred square feet or taller than sixteen feet must comply with the design standards set forth in Section 17.105.150 (All zones—Design standards) and Section 17.105.160 (Historic district zones—Design standards), as applicable. (Ord. 1306 § 3, 2020: Ord. 890 § 2 (part), 1998)

17.52.510 Sutter street subarea special use and design standards.

A. Permitted Uses.

1. Retail, service, public/quasi-public and office uses permitted in Folsom’s modern central business district (C-2 zone) are permitted, with the following exceptions and limitations:

a. Uses not in scale with a small downtown, such as large discount stores and supermarkets, are not permitted.

b. Uses which are so intrinsically modern that they cannot be successfully integrated, through design, into the plan’s historic time frame, such as non-antique auto sales with outdoor display, are not permitted.

c. Uses which would require a conditional use permit from the planning commission in the modern central business district (C-2 zone) require a conditional use permit from the historic district commission in this subarea.

2. Small light industrial uses are permitted, with the following exceptions and limitations:

a. All industrial uses require a conditional use permit approved by the historic district commission.

b. Industrial uses which were or could have been present in Folsom between 1850 and 1950 may apply for a conditional use permit (a blacksmith shop, for example).

c. Modern industrial uses which typify the American entrepreneurial spirit of 1850 through 1950 may receive a conditional use permit if they can be successfully integrated into the plan’s historic time frame (a small research and development facility, for example).

3. Residential uses are permitted, with the following exceptions and limitations:

a. Street-level frontage space is intended for retail and other commercial use and is generally not appropriate for residential use.

b. In assessing compatibility between residential and commercial uses, a residential use located within this subarea will be expected to tolerate greater impacts from commercial uses than if it were located in a primarily residential area. Commercial and residential uses may each be expected to make reasonable physical or operational modifications to improve compatibility between them.

c. An upstairs or accessory apartment is best suited as a residence for caretakers, owners, or employees of the downstairs or primary business use but is not so limited.

d. A conditional use permit is required in order for the primary use of a structure in this subarea to be residential.

e. A use is defined as residential for purposes of this section if persons reside there for extended periods, as opposed to short-term stays typical of hotels or bed and breakfast inns.

f. A conditional use permit is required for a commercial or residential project containing three or more dwelling units.

4. A conditional use permit may be granted by the historic district commission to allow uses similar to and compatible with the permitted uses and intent of this subarea.

5. Since many of the structures in this subarea cannot be modified to meet all the city’s current building and fire safety standards, including the historical building code, without the loss of their historical value, some uses which would otherwise be permitted may be denied on the basis of maintaining safety at an acceptable level.

B. Design Concept. The design concept for this subarea is to preserve existing pre1900 buildings, and require new or replacement structures to be of a pre1900 design, unless a post-1900 building is unique and/or representative of 1850-1950 architectural styles. The historic district commission may approve new construction of post-1900 design, on an exception basis, if it finds that the architecture is an outstanding design which represents a structure or use which formerly existed in historic Folsom or which represents a typical design and use extant in similar California towns between 1900 and 1950.

C. Height. Building heights shall not exceed 35 feet adjacent to the sidewalk area on Sutter or Leidesdorff Street and 50 feet in other sections of the subarea. Towers, spires, or other similar architectural features may extend up to 15 feet above the building height.

D. Setbacks. Contiguous shops on Sutter Street frontage shall maintain continuity of facades along public sidewalk.

E. Signs.

1. Each business whose entry door is located in the building frontage is permitted 1 wall or window sign. A business whose entry is located within an internal mall or corridor may utilize a nameplate incorporated in a wall sign for the entire building. The length of a wall sign may not exceed 75 percent of the shop’s frontage. The total of all window signage may not cover more than 25 percent of the window. Wall signs shall be designed and installed with minimal space between the planes of the wall and of the sign. Businesses with frontage on more than one street and/or public parking lot may place a wall or window sign on each frontage, with subsequent signs to be no larger than half the size specified for the first sign and subject to the other requirements of the first sign.

2. Signs are permitted to be hung under a canopy, but shall not exceed 3 square feet in size with a minimum of 8 feet clearance from the sidewalk in addition to any permitted wall or window signs. Businesses without a canopy may utilize a projecting sign of the same size and clearance for this purpose. The historic district commission may approve an increase in the size of the under-canopy or projecting sign in exchange for a reduction in size of the wall or window sign.

3. Signs exempt in Chapter 17.59 are exempt in this subarea except as follows:

a. On-site directional signs are not exempt unless 2 square feet or smaller and, if freestanding, no higher than 2 feet, including base;

b. Exempt real-estate signs do not require a setback from public right-of-way; and

c. Window or door signs 1 square foot in size or larger and under-canopy signs are not exempt. Window or door signs smaller than 1 square foot are exempt but subject to the overall requirement regarding window coverage.

4. In addition to those signs prohibited in Chapter 17.59, the following signs are prohibited in this subarea:

a. Neon;

b. Internally illuminated;

c. Backlit canopies; and

d. Corporate flags.

5. Freestanding signs are not permitted, unless the historic district commission determines that the exclusive use of wall signage at a particular location is ineffective. The historic district commission may require a reduction in the amount of wall signage otherwise allowed to compensate for the use of a freestanding sign.

6. Buildings with multiple tenants shall be required to submit a uniform signage program (USP) for historic district commission approval. After a USP is approved, tenant sign permits shall be reviewed and approved by the planning, inspections and permitting director.

F. Parking. All uses must provide parking spaces at the following ratios:

1. Retail, offices, restaurants, museums, and similar uses: 1 parking space per 350 square feet of building space;

2. Hotels, motels, guesthouses: 1 parking space per guest room plus one parking space per 350 square feet of other building space; and

3. Dwelling units: 1 parking space per dwelling unit; two parking spaces for dwelling unit if building square footage is greater than 600 square feet. (Ord. 890 § 2 (part), 1998)

17.52.520 River way subarea special use and design standards.

Use of structural design from the 1850-1950 era is encouraged.

A. Permitted Uses.

1. Combined studios, sales space, and/or residences of artists and craftspersons are the preferred permitted use(s), with the following exceptions and limitations:

a. Large-scale production facilities are not permitted.

b. Uses which may produce visual, noise, odor, parking, or other effects which may be objectionable to surrounding uses require a conditional use permit from the historic district commission.

c. Variations of the preferred uses are permitted, such as an art gallery combined with the residence of a proprietor, employee, or caretaker; a studio with no residence or sales space; or an office of a design professional such as an architect.

d. Large-scale projects require a conditional use permit. For purposes of this section, a large-scale project is defined as an individual structure, or combination of structures, which exceeds 5,000 square feet in size, based on the square footage of all floors. In the case of an existing large-scale project, a new design review or conditional use permit is required for exterior remodeling or a change in type of use.

2. Commercial retail and service uses complementary to and compatible with the artistic and pedestrian-oriented purposes of the subarea, such as small artist-supply outlets or coffeehouses, are permitted upon approval of a conditional use permit. Such uses may be combined with preferred uses.

3. Residential uses which are not combined with nonresidential uses as set forth above are permitted, with the following exceptions and limitations:

a. Single-family, duplex, or half-plex residences are subject to the regulations of the Central subarea in relation to second units and home occupations.

b. A conditional use permit is required for a project containing three or more dwelling units.

4. A conditional use permit may be granted by the historic district commission to allow other uses similar to and compatible with the permitted uses and in keeping with the intent of this subarea.

B. Lot Standards. The minimum lot area is 7,000 square feet, except when recreating the 50 feet by 120 feet River Street lots as shown on the 1855 Theodore Judah map, which may be 6,000 square feet. The minimum lot width is 50 feet. A minimum of 45 percent of the lot area must be maintained as pervious surface.

C. Height. Building heights shall not exceed 35 feet. Height of towers, spires, and similar features may extend 15 feet above the building height, if such extension does not adversely impact neighboring properties.

D. Setbacks. The minimum setback for any structure is 5 feet from the property line and 10 feet from any other structure. Unless equipped with a garage door opener, garages must be set back a minimum of 20 feet from the public right-of-way.

E. Landscaping. All properties are required to landscape 60 percent of the front 20 feet of the lot plus 50 percent of the remaining pervious space. Front-yard landscaping must be installed prior to commencement of any use other than single-family residential.

F. Signs.

1. A studio or business use located adjacent to a public pedestrian way is permitted 1 on-site wall sign not to exceed 16 square feet. Other studio or business uses are permitted 1 on-site freestanding sign not exceeding 12 square feet including any base or framework, or a wall sign not to exceed 16 square feet.

2. Buildings with multiple tenants shall apply for a uniform signage program.

3. Signs exempt in Chapter 17.59 are exempt in this subarea except as follows:

a. On-site directional signs are not exempt unless 2 square feet or smaller and, if freestanding, no higher than 2 feet.

b. Window or door signs smaller than 1 square foot are exempt but subject to the overall requirement regarding window coverage.

G. Parking. All uses must provide parking spaces at the following ratios:

1. Dwelling units: 1 parking space per unit, unless larger than 600 square feet, which requires 2 parking spaces per unit.

2. Studio space: 1 parking space per artist not residing on site.

3. Commercial/office space: 1 parking space per 350 square feet of building area. (Ord. 890 § 2 (part), 1998)

17.52.530 Natoma-Riley-Bidwell commercial primary area special use and design standards.

A. Permitted Uses.

1. Retail, service, public/quasi-public and office uses permitted in Folsom’s neighborhood commercial district (C-1 zone) are permitted, with the following exceptions and limitations:

a. Uses not in scale with nearby residential uses, such as large discount stores and supermarkets, are not permitted.

b. Uses which are so intrinsically modern that they cannot be successfully integrated, through design, into the plan’s historic time frame (such as a lube-and-tune or a fast-food drive-through lane) are not permitted.

c. Uses which would require a conditional use permit from the planning commission in the modern neighborhood commercial district (C-1) require a conditional use permit from the historic district commission in this district.

2. Small light industrial uses are permitted, with the following exceptions and limitations.

a. All industrial uses require a conditional use permit from the historic district commission, including a good-neighbor plan.

b. To receive a conditional use permit, an industrial use must be located and operated in a manner which limits its impacts on nearby residential uses to a level comparable to a commercial office use.

3. Certain areas adjacent to lands designated as residential on the General Plan land use map are limited to low-impact commercial uses.

4. Residential uses are permitted, with the following exceptions and limitations:

a. Apartment complexes may not exceed a density of twelve d.u./acre.

b. A conditional use permit is required for a project containing three or more dwelling units.

c. An upstairs or accessory apartment is best suited as a residence for caretakers, owners, or employees of the down-stairs or primary business use but is not so limited.

d. In assessing compatibility between residential and commercial uses, a residential use located within this district shall be expected to tolerate greater impacts from commercial uses than if it were located in a primarily residential area.

B. Design Concept. This area is a mixture of residences and commercial development. In order to accommodate this mixture of uses all new construction or substantial remodeling or reconstruction shall utilize residential architectural design. “Residential architectural design” should be interpreted broadly to include 1850 to 1950 designs of homes, inns, boarding-houses or other uses of a residential area.

C. Lot Area. The minimum lot area is seven thousand square feet, with the preferred configuration as shown on the 1855 Theodore Judah map.

D. Lot Width. The minimum lot width is fifty feet.

E. Lot Coverage. A minimum of twenty-five percent of lot area must be maintained as pervious space.

F. Height. Height of structures shall not exceed thirty-five feet. Height of towers, spires, and similar features may extend fifteen feet above the main structure subject to design review.

G. Setbacks. The minimum setback for any structure is five feet from the property line and ten feet from any other structure.

1. Front Yard. Front yard setback shall be twenty feet. Parking may not be located in the required front yard setback area.

2. Side Yard. Side yard set back shall be a minimum of five feet from any interior side-yard lot line and ten feet from a street side-yard lot line. Where interior side yard access to rear parking is needed, the interior side yard must be a minimum of twenty-four feet for two-way access or twelve feet for one-way access.

3. Rear Yard. Rear yard set back shall be twenty feet.

H. Landscaping. A minimum of sixty percent of the front twenty feet of the parcel must be landscaped. A minimum of twenty-five percent of lot area must be maintained as pervious surface. Front yard and parking lot landscaping must be installed prior to commencement of any use other than single-family residential.

I. Signs.

1. Number, Type and Size of Signs. One nonilluminated freestanding sign per parcel or integrated development is allowed, subject to approval of a sign permit from the historic district commission or community development department director, with the following requirements.

a. Freestanding signs: Retail uses and restaurants, which front on Natoma Street:

Maximum sign size:	16 square feet excluding the base area (Base may not exceed 5.5 foot width, 2 foot depth, and 1 foot height. The width of sign shall be greater than the height of sign, excluding the base.)
Maximum sign width:	5.5 feet excluding the base area
Maximum sign height:	4 feet including the base area
Minimum setback:	6 feet behind sidewalk
Materials:	Wood with raised, engraved, or painted letters. Base or standard need not be wood

Freestanding signs permitted under this section that are twelve square feet or smaller in size shall be reviewed by the community development director and freestanding signs permitted under this section that are larger than twelve square feet in size shall be reviewed by the historic district commission.

b. Freestanding signs: Uses other than retail uses and restaurants, which front on Natoma Street:

Maximum height:	3 feet above finished grade, including base
Maximum width:	4 feet (Base may not exceed 5.5 foot width, 2 foot depth, and 1 foot height.)
Minimum setback:	6 feet behind sidewalk
Maximum message and background area:	2 foot height and 3 foot width
Materials:	Wood with raised, engraved, or painted letters. Base or standard need not be wood

c. Buildings at intersections may have, in addition to a freestanding sign, one wall or window sign, not exceeding one-half square foot in size for each lineal foot of primary building frontage, up to a maximum of fifty square feet. A wall sign may be placed on either street frontage but shall not exceed more than seventy-five percent of the building frontage on which it is placed. A window sign shall not cover more than twenty-five percent of a window.

If no freestanding sign is utilized, a business with two street frontages may place one wall or window sign on each frontage; provided, that the total square footage of the two signs combined does not exceed the total square footage permitted based on the lineal feet of the principal wall frontage. The sign permit for corner properties is subject to approval of the historic district commission unless the authority to review is delegated to the community development director pursuant to Section 17.52.395, except that if only one freestanding, nonilluminated sign that is twelve square feet or smaller in size is used, the sign permit may be approved by the community development director.

d. For purposes of this chapter, “retail use” means a business primarily characterized by the sale of goods or merchandise to the local public and tourists for personal or household consumption, a business rendering services incidental to the sale of such goods, a business engaged in the sale of food and/or beverages for on-premises consumption, a business rendering personal services including barbers and beauty and nail salons. “Retail use” shall exclude the sales, fueling, repair, washing, or storage of motor vehicles. The community development director shall determine whether an existing use or any proposed new use is a retail use for purposes of this chapter by considering whether the proposed use has the following retail characteristics:

i. The establishment is engaged to a significant degree in business to attract the general public to sell tangible goods to consumers for their own personal or household use, or to render personal services to customers on the premises.

ii. The business may process, repair, or manufacture some or all of the products it sells, such as jewelry, beverages, candy, baked goods, apparel, shoes, pottery, or consumer electronics; however, such processing, repair, or manufacturing shall be of items sold on the premises, whether or not also sold at wholesale, and shall be of a scale compatible with the retail component of the business.

iii. By way of illustration only, the following shall be retail uses:

General merchandise, such as apparel, books, arts and crafts, furniture, home furnishings, jewelry, antiques, records/compact discs/videos, consumer electronic equipment, hardware, athletic/recreational equipment, stationery and office supplies, toys, or convenience goods such as food and grocery stores, pharmacies, and drug stores;

Personal services, such as barber shops, beauty/nail salons, tailors/dress makers, laundries, florists, eye glass/hearing aid shops, and shoe repair shops, which include incidental sale of related goods; and

Museums and galleries.

iv. By way of further illustration, the following shall be considered nonretail uses:

Professional service businesses such as advertising, catering, grooming service, architecture, landscape architecture, engineering, planning, law, medicine, dentistry, music instruction/schools, interior design, accounting, insurance, real estate, mailing, telephone answering, finance and securities investments, travel agencies, and any similar type business;

Motor vehicle related uses, including sales, fueling, washing, repair, or storage;

Uses that require outside storage of stock, vehicles, or machinery;

Wholesale sales, other than those by a business also engaged in retail sales;

Child care centers and residential care homes for adults or children;

Religious institutions; and

Athletic, recreational, or entertainment facilities.

2. Prohibited Signs. In addition to signs prohibited in Chapter 17.59 the following signs are prohibited in this primary area: neon, internally illuminated, backlit canopies, and corporate flags.

3. Exempt Signs. Signs exempt in Chapter 17.59 are exempt in this district except as follows:

a. Directional signs are exempt if they are two square feet or smaller and, if freestanding, not higher than two feet, including base. Directional signs for shared driveways are exempt if four square feet in size and not higher than four feet in height including base.

b. Window or door signs smaller than one square foot are exempt but subject to the requirements regarding window coverage.

J. Parking. All uses must provide parking spaces conforming to city standards as established by this plan, the Folsom Municipal Code, and any other adopted city policies and requirements, at the following ratios:

1. Dwelling units—one parking space per unit, unless larger than six hundred square feet, which requires two parking spaces per unit.

2. Commercial/office space—one parking space per two hundred square feet of building area.

For design and safety reasons the number of driveways accessing Natoma, Riley, and Bidwell Streets should be kept to a minimum.

Parking should not be located in the required front or street side yard, even if the yard exceeds city size standards. Lack of adequate parking, properly located, is grounds for denial of commercial or industrial use of a site.

On-street parking for loading purposes is permissible during time periods of lighter traffic, as established by the public works department after consultation with the historic district commission. (Ord. 1154 § 2, 2011; Ord. 890 § 2 (part), 1998)

17.52.540 Historic residential primary area special use and design standards.

A. Permitted Uses.

1. One-family dwellings, including accessory structures and uses, are permitted with the following exceptions and limitations:

a. In the Figueroa subarea attached garages are not permitted in the general view shed of the public, unless not identifiable as a garage. Carports must also be designed as historical features, such as porte cocheres.

b. In the Central subarea attached garages identifiable as such are not permitted unless integral to the architectural time frame of the building’s existing design.

c. Home occupations are permitted according to regulations of the Folsom Municipal Code except that the body authorized to grant any discretionary permit is the historic district commission.

2. Second units are permitted with the following exceptions and limitations:

a. In the Figueroa subarea if there is a conflict, consistency with pre1910 design principles is of greater value to the community than provision of a second unit since the historic district as a whole provides a significant number of second units.

b. In The Preserve subarea, because of the small lot size, successful design of a second unit is unlikely.

3. Multifamily units are permitted, with the following exceptions and limitations:

a. All multifamily projects, except second units as permitted in Section 17.52.500, require a conditional use permit from the historic district commission.

b. A project may not exceed a total of 12 units.

c. In the Figueroa subarea attached garages are not permitted in the general viewshed of the public, unless not readily identifiable as a garage. Carports must also be designed as historical features, such as porte cocheres.

d. In the Central subarea attached garages identifiable as such are not permitted unless integral to the architectural time frame of the building’s existing design.

e. In The Preserve subarea multifamily units are not permitted due to the small lot size and recorded design guidelines.

4. Small commercial or light industrial uses which provide little evidence of their nonresidential nature are permitted, with the following exceptions and limitations:

a. A conditional use permit from the historic district commission is required for all commercial or industrial uses except home occupations.

b. Bed and breakfast inn regulations are as set forth in the Folsom Municipal Code except that the body authorized to grant any discretionary permit is the historic district commission. In its approval the historic district commission may grant exceptions to provisions of those regulations in the interest of authentic historical interpretation or to improve the use’s compatibility with the neighborhood.

5. Churches, meeting halls, care facilities for more than 6 persons, schools and other public or quasi-public uses require a conditional use permit from the historic district commission.

6. Home occupations are permitted according to the regulations of the Folsom Municipal Code except that the body authorized to grant any discretionary permit is the historic district commission.

B. Lot Area. The minimum lot area is 7,000 square feet.

C. Lot Width. The minimum lot width is 50 feet.

D. Lot Coverage. A minimum of 45 percent of the lot area must be maintained as pervious surface.

E. Height. Structural heights shall extend 15 feet above the main structure, subject to design review.

F. Setbacks. The minimum setback for any structure is 5 feet from the property line and 10 feet from any other structure. Garages shall be set back a minimum of 20 feet from the public right-of-way.

1. Front Yard. Front yard setback shall be 20 feet. Parking may not be located in the required front yard setback area.

2. Side Yard. Side yard set back shall be a minimum of 5 feet from any interior side-yard lot line and 10 feet from a street side-yard lot line.

3. Rear Yard. Rear yard set back shall be 20 feet.

G. Landscaping. A minimum of 60 percent of the front 20 feet of the lot plus 50 percent of the remaining area of the lot is required to be landscaped. Front-yard landscaping must be installed prior to commencement of any use other than single-family residential.

H. Signs.

1. Exempt Signs. Signs exempt in Chapter 17.59 are exempt in this primary area except as follows:

a. Incidental, under-canopy, and window signs are not exempt.

b. On-site directional signs are exempt if they are 2 square feet or smaller and if freestanding, no higher than 2 feet.

c. Construction signs and project identification signs of current and pending development applications are exempt if 6 square feet or smaller and 6 feet or less in height.

2. Prohibited Signs. In addition to signs prohibited in Chapter 17.59, the following signs are prohibited in this primary area: neon, internally illuminated, backlit canopies, corporate flags, animated, special event, signs larger than 6 square feet in size and 6 feet in height, and time and temperature, barber pole, and menu/order boards.

3. Building with Multiple Tenants. Multifamily buildings with 4 or more units are permitted 1 permanent wall or free-standing sign, not to exceed 6 square feet in area and 6 feet in height. A uniform signage program is required for buildings with more than 1 business tenant.

I. Parking. All parking spaces must be provided on site, outside of front and street side yards, and screened from public view by location, fence, landscaping or other means appropriate to the neighborhood. Available on-street parking may be utilized by residents and visitors but may not be counted toward required parking ratios. (Ord. 890 § 2 (part), 1998)

17.52.550 Open space/public primary area special use and design standards.

A. Permitted Uses. When proposed by a public entity, the following uses are permitted; submittal to the historic district commission for courtesy review and comment is requested. When proposed by a private entity, a conditional use permit is required. If, in the opinion of the planning, inspections and permitting director, public or private status of the proposing entity is not clear, the historic district commission shall make a finding on the need for a conditional use permit.

1. Natural open space, including management activities necessary for conservation and safety.

2. Improved open space, including active and passive park and trail uses.

3. Transportation corridors.

4. Cemeteries.

5. Public schools, including administrative facilities.

6. Small-scale public utility structures.

7. Residential uses accessory to a public use.

8. Other public uses which are, in the opinion of the historic district commission, similar to permitted uses and compatible with surrounding uses.

B. Design Standards. The appropriate standards are to be established in the design review process. Design of private projects is subject to historic district commission approval. Public projects, particularly those with potential to conflict with one or more goals, policies, or provisions of this chapter or any adopted design and development guidelines, are to be submitted for courtesy review and comment by the historic district commission. (Ord. 890 § 2 (part), 1998)

17.52.560 Railroad wye subarea special use and design standards.

A. Permitted Uses. All uses require a conditional use permit from the historic district commission.

B. Lot Area. Appropriate lot area requirements are to be established in the design review process.

C. Lot Width. Appropriate lot width requirements are to be established in the design review process.

D. Lot Coverage. Appropriate lot coverage requirements are to be established in the design review process.

E. Height. As established in the design review process. In general, heights should not exceed 2-1/2 stories or maximum of 35 feet. Height of towers, spires, and similar features may exceed 35 feet, taking into account potential effects on neighboring properties and on views from state park lands. See also any adopted design and development guidelines.

F. Setbacks. Appropriate setback requirements are to be established in the design review process.

G. Landscaping. Appropriate landscaping requirements are to be established in the design review process. In the interest of improving overall quality of life, all projects are encouraged to seek means of incorporating substantial landscaping, particularly trees.

H. Signs.

1. Buildings existing at the time of plan adoption are permitted 1 wall or freestanding sign not exceeding 32 square feet in size nor 8 feet in height.

2. Approval of new construction shall include approval of a uniform signage program, including elements that recognize the subarea’s railroad history and including provisions for signage consistent with design standards of the Sutter Street subarea and consistent with the above standard for existing buildings with respect to amount.

I. Parking. The mount and configuration of required parking will be determined through the conditional use permit process, with guidance taken from parking requirements for similar uses in other subareas. (Ord. 890 § 2 (part), 1998)

17.52.570 Resort subarea special use and design standards.

A. Permitted Uses. Permitted uses include meeting rooms, guest rooms, food service, assembly and recreation areas, parking, and other uses related to a resort-conference center. (Ord. 890 § 2 (part), 1998)

17.52.600 Preservation ratings.

Prior to forwarding an application for architectural and design review to the historic district commission, the director of the planning, inspections and permitting department shall investigate the historical significance of the property and structures which are the subject of the application. Based upon this investigation, the director of the planning, inspections and permitting department shall make a recommendation to the historic district commission as to the level of architectural and design authenticity that is appropriate and shall evaluate whether the application adheres to the recommended level. (Ord. 890 § 2 (part), 1998)

17.52.650 Moving of structures.

Moving a structure into or out of the historic district or moving a structure from one location to another location within the historic district is subject to the review and approval of the historic district commission. In evaluating an application to move a structure, the commission shall consider whether the moved structure, together with any site modifications, will advance the goals of this chapter. The movement of any structure shall comply with applicable building code and traffic safety regulations. (Ord. 890 § 2 (part), 1998)

17.52.660 Demolition.

The demolition of a structure located in the historic district is subject to the review and approval of the historic district commission. Prior to authorizing demolition of a structure considered historically significant, the historic district commission shall consider the following factors:

A. Whether the public health, safety and/or welfare warrant the demolition;

B. What accommodations can be provided to the owner of the property to make it feasible for the owner to preserve the property;

C. Whether the owner of the property is willing to sell the property to a buyer who wishes to preserve the property;

D. Whether a public entity wishes to acquire the property through exercise of the power of eminent domain in order to preserve the property.

Prior to the authorization of demolition, the applicant shall provide documentation of the structure for the historical record. Documentation shall include photographs of all sides of the structure, details of unique or representative construction features, and any history of the structure known to, or reasonably obtainable by, the applicant. (Ord. 890 § 2 (part), 1998)

17.52.670 Nonconforming uses, structures, and lots.

Any use or structure, or part thereof, legally in place as of the effective date of the ordinance codified in this chapter, may continue as a legal nonconforming use or structure. Likewise, plans for any use or structure approved as of the date this chapter becomes effective may be carried out as approved. Any extension of such approval, for which the applicant was entitled to apply as of the effectiveness date, may be granted according to the regulations in effect prior to the effectiveness date; if granted, such extension will be considered the same as an approval granted before the effectiveness date. In order to establish legal nonconforming status, a property owner may be asked to use his/her best efforts to produce proof of the legality of such structure or use as of the effectiveness date, to the satisfaction of the planning, inspections and permitting director. The city will also use its best efforts to find proofs. Acceptable proofs include such items as approved construction plans; certificates of occupancy; copies of zoning regulations on the date of commencement; minutes of planning commission, historical committee, or city council meetings; or similar materials deemed adequate by the planning, inspections and permitting director, excluding business licenses. In the absence of definitive proof, the planning, inspections and permitting director will make a determination based on available evidence, stating in writing the basis for this conclusion.

Illegal nonconforming uses or structures must be made to conform or must be removed. (Ord. 890 § 2 (part), 1998)

17.52.680 Nonconforming uses.

A. A use is determined to be legally nonconforming if it is not permitted under provisions of this chapter but was legally in place, with licenses and permits in current status, at the effective date of this chapter.

B. A legal nonconforming use of land or of a building may continue, subject to both of the following conditions:

1. The use shall not be expanded, extended or enlarged in any manner beyond its existing scope at the time of the effective date of this chapter.

2. The use shall not be changed, except to a similar nonconforming use or to a use that conforms to the regulations of this chapter. (Ord. 890 § 2 (part), 1998)

17.52.690 Nonconforming structures.

A. A structure or part thereof is determined to be legally nonconforming if it was legally in place at the effective date of the ordinance codified in this chapter but by reason of style, construction or placement it does not meet the standards or intent of the district or subarea in which it is located. Modifications undertaken illegally may cause a structure or part thereof to be deemed nonconforming.

B. Any structure with legal nonconforming status may continue, subject to all the following conditions:

1. It is maintained in good repair, as determined by the chief building official.

2. The nonconformity is not increased, as determined by the planning, inspections and permitting director. Examples of actions which increase nonconformity include, but are not limited to, the following:

a. New construction which increases the size of the structure’s footprint or roof overhang area within a required setback or which intensifies the use of such area, such as adding a bay window to a room which already extends into a required side yard or converting a similarly placed garage into a family room.

b. Replacement of an existing nonconforming sign structure with a new one of the same general dimensions and placement, excluding normal maintenance such as replacing a worn part or repainting as allowed by the original approval.

c. Replacement of conforming materials with nonconforming materials.

C. Owners of nonconforming structures which sustain damage should not expect to make permanent repairs or reconstructions which are nonconforming in nature. Instead, repair or replacement should improve a structure’s conformity. When it is not feasible to promptly cause full conformity, a transition plan may be approved by the historic district commission.

D. Whether legally in place or not, a structure or feature which was not original may be deemed nonconforming if its existence prevents listing on the National Register of Historic Places of an otherwise eligible structure or site or, in the opinion of the historic district commission, significantly degrades a locally significant structure or site.

E. The historic district commission may grant conforming status to structures, or parts thereof, which would otherwise be deemed nonconforming if it finds that the structure or structural feature is of exceptional design value, contributes significantly to the goals and policies of the plan, is not detrimental to its neighborhood, and is appropriate to be a permanent feature of historic Folsom. For example, conforming status may be granted to post-1900 structures in the Sutter Street subarea which contribute to the intents and concepts of the subarea or to an outstanding example of a post-1950 style which is not well represented elsewhere in the city. (Ord. 890 § 2 (part), 1998)

17.52.700 Appeal.

A. If a permit applicant, permittee, or other person whose property rights may be affected is dissatisfied with any determination made by the planning, inspections and permitting director, such person may appeal to the historic district commission. If a permit applicant, permittee, or other person whose property rights may be affected is dissatisfied with any determination made by the historic district commission, such person(s) may appeal to the city council.

B. Any such appeal shall be in writing, shall state the specific reason for the appeal and grounds asserted for relief, and shall be filed with the planning, inspections and permitting director not later than 10 calendar days after the date of the action being appealed. The appeal must be accompanied by an appeal fee as established by resolution of the city council. If an appeal is not filed within the time or in the manner prescribed above, the right to review of the action against which the appeal is made shall be deemed to have been waived. (Ord. 890 § 2 (part), 1998)

17.52.710 Appeal hearings.

Appeal hearings shall be conducted no later than the next regularly scheduled meeting following 30 calendar days after the date of filing an appeal. Written notice of the time, date and place of the hearing shall be served on the appeal body, the applicant or permittee, and the appellant at least 10 calendar days preceding the date of the hearing. Additionally, a notice specifying the date, time and place of the hearing shall be posted on the subject property at least 10 calendar days preceding the date of the hearing. (Ord. 890 § 2 (part), 1998)

17.52.720 Actions on appeal.

The appeal body shall review the entire proceeding relating to the act or decision being appealed, de novo, and may make any order it deems just and equitable, including granting of a permit. Any hearing may be continued from time to time. At the conclusion of the hearing, the appeal body shall prepare a written decision which either grants or denies the appeal, and contains findings of fact and conclusions. The decision shall be served on the applicant or permittee and the appellant. The decision shall become final upon the date of filing and service. (Ord. 890 § 2 (part), 1998)

17.52.730 Code enforcement.

A. This chapter and any design and development guidelines adopted by the city council pursuant to the authority granted by this chapter, shall be enforceable through the city’s code enforcement procedures as specified in Title 1 of the Folsom Municipal Code. All procedures, rights and remedies set forth in Title 1 shall be applicable to enforcement of this chapter.

B. The director of the department of planning, inspections and permitting shall have the responsibility for ensuring compliance with this chapter, and shall be designated as the enforcement authority.

C. The goal of enforcement shall be to secure compliance with this chapter. Therefore, a notice to correct shall first be issued to advise all responsible persons of a violation in accordance with procedures established Section 1.09.024 of the Folsom Municipal Code. The period for correction of the violation shall be 10 days, unless some other time period is specifically set forth by ordinance. However, if there has been a violation of any provision of the Folsom Municipal Code in the preceding 12 month period, no notice to correct shall be required, and a notice of administrative violation shall be issued to all responsible persons.

D. If the violation is not corrected within the time specified, a notice of administrative violation shall thereafter be served on all responsible persons pursuant to the criteria established in Section 1.09.014 of the Folsom Municipal Code. Unless otherwise established by ordinance, the level of administrative violation shall be a “Level A” violation, with a penalty range of $20.00 to $500.00 as provided for in Section 1.09.012(A)(1) of the Folsom Municipal Code.

E. Any other sanctions specified in the Folsom Municipal Code shall also be available to redress violations of this chapter.

F. The right to appeal any action by the enforcement authority shall be governed by the procedures set forth in Section 1.09.030 to 1.09.049, inclusive, of Title 1 of the Folsom Municipal Code. (Ord. 890 § 2 (part), 1998)