Chapter 18.175 HISTORIC RESOURCES

It is hereby found that historic resources within a community enrich it by providing it with a distinct identity and a link with the past, and by serving as a source of ideas and inspiration for contemporary buildings, designers and other artisans. It is further found that the number of irreplaceable historic resources within Fremont is limited and that the retention of such resources is essential to the general welfare of the public. The identification, protection, enhancement, and appropriate use of historic resources within the city are required in the interest of the health, economic prosperity, cultural enrichment and general welfare of the community. The purposes of the historic resources ordinance are to:

(a) Safeguard the city’s heritage by encouraging the protection of historic resources that have important associations with past eras, events and persons important in local, state or national history, or which provide significant examples of architectural styles of the past or are resources in the history of architecture, or which are unique and irreplaceable assets to the city and its neighborhoods, or which provide for present and future generations examples of the physical surroundings in which past generations lived;

(b) Guide development so as to maintain appropriate settings and environments for historic resources; and

(c) Foster public appreciation of, and a sense of identity with, the city’s past and recognition and use of its historic resources; and

(d) Enhance the visual character of the city by retaining diverse and harmonious architectural styles reflecting phases of the city’s history and by encouraging compatible contemporary design and construction through the use of the historical overlay district, the city’s adopted design guidelines, and the Secretary of the Interior’s Standards; and

(e) Strengthen the economy of the city by protecting and enhancing the city’s attractions to residents, tourists, and visitors; and

(f) Stabilize and improve properties within the city by recognizing the value and importance of historic resources, and by protecting the settings of historic properties from encroachment by incompatible designs; and

(g) Promote the private and public use of historic resources for the education, prosperity and general welfare of Fremont’s residents and businesses as well as visitors; and

(h) Undertake the identification, evaluation, and consideration of those properties and natural features within the city which may merit designation on the Fremont register, before they are lost or irreparably damaged; and

(i) Carry out the goals and policies of the city’s general plan while integrating the preservation of cultural resources and the extraction of relevant data from such resources into public and private land management and development processes.

This chapter is adopted pursuant to Cal. Gov’t Code § 37361, which authorizes the adoption of special regulations for the protection, enhancement, perpetuation or use of places, buildings, structures and other objects having a distinctive character or significant historical or aesthetic interest or value. (Ord. 27-2007 § 2, 10-23-07. 1990 Code § 8-219102.)

18.175.030 Glossary.

Capitalized words and phrases used in this chapter shall have the meanings set forth in the glossary of the historic resources ordinance, Section 18.175.430. (Ord. 27-2007 § 2, 10-23-07. 1990 Code § 8-219103.)

18.175.040 Historical architectural review board – Powers and duties.

The historical architectural review board (“board”) shall have the following powers and duties:

(a) To advise the city council on the establishment or amendment of an (HOD) historical overlay district pursuant to Chapter 18.135;

(b) To review development in an (HOD) pursuant to Chapter 18.135 and this chapter;

(c) To recommend to the city council the inclusion of historic resources in the Fremont register, or removal of listed historic resources, and to review and research any such historic resources or proposed historic resources;

(d) To review demolition, alteration, relocation and development proposals pertaining to register resources and potential register resources, as provided in this chapter;

(e) To participate in the evaluation of buildings, structures and objects 50 years old or older to determine if such buildings, structures and objects have sufficient historical significance and integrity to merit classification as potential register resources or listing as register resources;

(f) To defer for a reasonable period some development proposals that would damage the integrity of historic resources, in order to allow exploration and consideration of alternatives;

(g) To make recommendations to the city council regarding applications to enter into historical property contracts with the city as authorized by the Mills Act;

(h) To review and consider environmental impact reports, negative declarations and other California Environmental Quality Act (CEQA) documents involving historic resources;

(i) To conduct public hearings relative to its duties;

(j) To select from its members an alterations subcommittee; and

(k) To perform such other functions as may be delegated from time to time by the city council. (Ord. 27-2007 § 2, 10-23-07. 1990 Code § 8-219104.)

18.175.050 Alterations subcommittee.

The board shall create a standing subcommittee, to be known as “the alterations subcommittee,” which shall review projects as set forth in Sections 18.135.070 and 18.175.250. The board shall appoint two of its members to serve as an alterations subcommittee, together with an alternate. If a regular member of the alterations subcommittee is unable to participate in the review of a project because of a conflict of interest or extended absence, the alternate shall serve. In no case shall more than two members of the board review any one project as members of the alterations subcommittee. The alterations subcommittee shall meet with the board secretary, who shall serve as an ex officio member without a vote. The secretary shall maintain records of the alterations subcommittee’s actions and shall have the power to call meetings. Two members of the alterations subcommittee, excluding the board secretary, shall constitute a quorum. The alterations subcommittee shall comply with the Ralph M. Brown Act with respect to public notice of, and access to, its meetings. It shall establish a regular meeting time by resolution. (Ord. 27-2007 § 2, 10-23-07. 1990 Code § 8-219105.)

18.175.060 Actions by city council or planning commission – Referral back to board.

(a) If the project before the board requires approval by the planning commission or city council, the board’s action shall be a recommendation to the approval authority. The approval authority may accept, modify, or reject the board’s recommendation.

(b) If a decision of the board is appealed, the body having final approval authority, or final approval subject to appeal, may approve, modify or disapprove the decision of the board.

(c) Before the city council or planning commission approves any substantial project modification that was not previously considered by the board during its hearing on the project, the change shall be referred to the board for its report and recommendation. Failure of the board to report immediately following its next meeting at which the matter has been properly noticed shall be deemed to be approval of the proposed modification by the board. (Ord. 27-2007 § 2, 10-23-07. 1990 Code § 8-219106.)

18.175.070 Review of modifications.

If the board has final discretionary review of a project, any subsequent changes that would change the exterior architectural character, historic setting, character-defining features, landscaping, signs, or other exterior features from those approved by the board shall be returned to the board for approval, modification, or rejection prior to issuance of a building permit. (Ord. 27-2007 § 2, 10-23-07; Ord. 9-2014 § 24, 3-4-14. 1990 Code § 8-219107.)

18.175.080 Applications and submittals – Fees.

All applications for projects requiring board review shall be filed with the community development department in the form prescribed by the planning manager. An application fee, set by resolution of the city council, must be paid with each application. Where project approval is required of the planning commission or city council, the applicant shall submit an application with the granting authority in conjunction with the application submitted with the board. (Ord. 27-2007 § 2, 10-23-07; amended during 2012 reformat. 1990 Code § 8-219108.)

18.175.090 Fremont register of historic resources.

The planning manager shall maintain as a permanent public record the Fremont register of historic resources. The Fremont register shall consist of: (a) those historic resources which were listed in Appendix 1 to the general plan on January 1, 2007; and (b) those additional historic resources designated for listing by resolution of the city council pursuant to Section 18.175.100; provided, however, that when the designation of a Fremont register resource is rescinded by resolution of the city council pursuant to Section 18.175.110, it shall be automatically removed from the Fremont register and no longer treated as a register resource or potential register resource. (Ord. 27-2007 § 2, 10-23-07; amended during 2012 reformat. 1990 Code § 8-219109.)

18.175.100 Additions and rescissions to the Fremont register.

(a) Proceedings to add or remove buildings, structures, objects, places, trees, plant life and sites to the Fremont register may be initiated by the city council, the planning commission, the board, or the owner of the subject real property or the owner’s authorized agent. The planning manager may also initiate such proceedings based upon an historic resources inventory form that has been prepared or peer-reviewed by the city.

(b) Other persons and organizations interested in additions or rescissions to the Fremont register may submit an application to the planning manager. The planning manager shall investigate the proposal and inspect the property in question and, upon the conclusion of this investigation, shall report to the board with a recommendation as to whether the board should initiate a listing process.

(c) The application for listing or rescission of listing shall be on a form provided by the planning manager. The application must be signed by all owners of the resource before the planning manager may accept it for processing. In addition, if the application is made by someone other than the owner(s) of the resource, the applicant is required to provide the owner(s) with a copy of the completed application prior to its submission to the city. In addition to information required to comply with the California Environmental Quality Act and such other information as may be required by the planning manager, the application shall include a current historic resources inventory form completed by a qualified professional chosen and retained by the city. Alternatively, an historic resources inventory form prepared by another qualified professional may be used if it has been peer-reviewed by the city and found to be satisfactory in content and format. The fee for applications shall be that established from time to time by resolution of the city council. (Ord. 27-2007 § 2, 10-23-07; amended during 2012 reformat. 1990 Code § 8-219110.)

18.175.110 Board and council hearings.

(a) The board shall consider proposals for additions to the Fremont register or rescission of a listing at a noticed public hearing on the matter, which may be continued from time to time. The resource owner(s) and other interested parties shall be notified of the hearing not less than 30 days prior thereto. Along with other information presented, the board shall consider any comments by the resource owner(s) in making its recommendation to the city council. At the conclusion of its hearing, the board shall submit a written report and recommendation to the city council, including the reason for the recommendation.

(b) Following its own noticed public hearing, the city council shall approve, in whole or part, or disapprove the addition of an historic resource to the Fremont register or rescission of a designation. If the owner(s) of the resource object to the designation, the city council shall not list the resource as an historical resource on the Fremont register until the objection is withdrawn. Objections shall be submitted to the planning manager by the owner of the resource in the form of a notarized statement certifying that the party is the sole or partial owner of the resource, and that the party objects to the listing. If a resource which otherwise qualifies for listing cannot be presently listed on the Fremont register solely because of owner objection, the city council shall nevertheless designate the resource as eligible for listing and it shall be considered a potential register resource. All decisions to approve or disapprove designations shall be made by resolution, and shall set forth findings and reasons relied upon in making the determination. (Ord. 27-2007 § 2, 10-23-07; amended during 2012 reformat. 1990 Code § 8-219111.)

18.175.120 Criteria for changes to the Fremont register.

(a) A resource may be added to the Fremont register if the city council, after considering the recommendation of the board, finds that:

(1) It is listed or has been determined to be eligible for listing in the California register or the national register; or

(2) It has been determined by the city council to be significant on the national, state or local level under one or more of the following five criteria:

(A) It is associated with events that have made a significant contribution to the broad patterns of local or regional history, or to the cultural heritage of California, the United States, or the city; or

(B) It is associated with the lives of persons important to local, California, or national history; or

(C) It embodies the distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship; or it is representative of the notable work of a builder, designer, or architect; or

(D) It has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California, or the nation; or

(E) Its unique location or singular physical characteristic(s) represents an established and familiar visual feature or landmark of a neighborhood, settlement or district, or the city.

An historic resource of local significance need not qualify for listing on the California register to be included on the Fremont register.

(b) An historic resource may be removed from the Fremont register if the city council, after considering the recommendation of the board, finds either:

(1) It has become ineligible for listing due to changed circumstances or further documentation, or has been altered in a manner that substantially diminishes the significance of the resource. For purposes of this section, changed circumstances or alterations to a resource do not include any changes or alterations undertaken by the applicant or owner of a resource in violation of this chapter, including, but not limited to, failing to keep the resource in good repair and/or altering it in any manner without review and approval as required by this chapter; or

(2) New information or analysis shows that the historic resource was not eligible at the time of its listing. (Ord. 27-2007 § 2, 10-23-07. 1990 Code § 8-219112.)

18.175.130 Notice and recordation of additions and deletions to the Fremont register.

Whenever the city council shall make an addition to the Fremont register, or rescind a previous designation, the city clerk shall give written notice of the action of the city council to the owner(s) of the historic resource, as shown on the last assessment roll of the county assessor, the planning manager, and any person who has filed a written request with the city clerk for such notice. In lieu of utilizing the assessment roll, records of the county assessor that contain more recent information than the assessment roll may be utilized. The city clerk shall cause to be recorded in the office of the county recorder a copy of each resolution designating an historic resource for listing on the Fremont register, or removing such designation. (Ord. 27-2007 § 2, 10-23-07; amended during 2012 reformat. 1990 Code § 8-219113.)

18.175.140 Historical overlay districts.

The (HOD) historical overlay district is a zoning designation applied by the city council to certain areas within the city of particular historical significance. (HOD)s usually contain a mix of register resources, contributing resources, and noncontributing resources. New development in (HOD)s, including alterations and removal of existing structures, and site improvements are subject to the provisions of Chapter 18.135. In addition, changes to register resources and potential register resources in an (HOD) are reviewed under this chapter. Development of public property, including streets and sidewalks, is also reviewed for compatibility. (Ord. 27-2007 § 2, 10-23-07. 1990 Code § 8-219114.)

18.175.150 Evaluation of buildings, structures or objects 50 years old or older.

Historic resources in the city potentially eligible for listing on the California register or the Fremont register may not have been identified, evaluated or registered. In order to identify historic resources before their historic integrity is destroyed through demolition or relocation, no permit will be issued for these purposes for a building, structure or object that is 50 years old or older until it has been screened for historic significance pursuant to this chapter. (Ord. 27-2007 § 2, 10-23-07. 1990 Code § 8-219115.)

18.175.160 Procedure for consideration.

(a) Buildings, Structures and Objects At Least 50 Years Old. Whenever an application for demolition or relocation is submitted to the city, the building, structure or object that is the subject of the application shall be reviewed to determine if it is at least 50 years old as of the date of the application for the permit. If the building, structure or object is less than 50 years old, and is not a register resource, the planning manager will process the application as set forth in Section 18.175.170.

(b) Preliminary Review. If the building, structure or object is 50 years old or older and not a register resource, the city will conduct research to determine whether an historic resources inventory form has previously been completed by a qualified historic resource consultant, selected and approved by the city, regarding the historical significance of the subject resource. If it has not, the planning manager or designee may conduct a site visit to perform a visual analysis and/or engage in preliminary research to determine if the building, structure or object might qualify as an historic resource because of the structure itself and/or its association with persons or events. If the planning manager determines it may have historical significance, he or she shall proceed as set forth in subsection (c)(2) of this section. If the planning manager determines it has no historical significance, the application will be processed as set forth in Section 18.175.170.

(1) If the building or structure has been determined to be a potential register resource based upon a previously completed historic resources inventory form, the city will follow the procedure for potential register resources in subsection (d) of this section.

(2) If a city-authorized historic resources inventory form has not been completed, the planning manager will have one prepared by a qualified historic resource professional selected and approved by the city. The applicant, through the city, shall pay for the cost of preparing the form. If the applicant has already completed an historic resources inventory form, it shall be subject to peer review by a qualified historic resource professional selected by the city, with costs for the peer review paid for by the applicant through the city. The applicant shall provide the historic resource professional with reasonable access to the interior and exterior of the building or structure, as well as the site, to facilitate the evaluation, and the applicant may accompany the historic resource professional during the visit.

(3) If the qualified historic resource professional’s analysis concludes that the building, structure or object is not a potential register resource, then the planning manager will process the application as set forth in Section 18.175.170. If the analysis concludes that the building, structure or object is a potential register resource, the planning manager shall notify the applicant in writing, and shall proceed as set forth in subsection (d) of this section.

(d) Potential Register Resource. Potential register resources shall be evaluated in the same manner as applications for register resources. Any proposed relocation or demolition of a potential register resource may be reviewed and approved by the board, while any proposed relocation or demolition of a Fremont register resource shall require recommendation by the board and final action by the city council. Also see Sections 18.175.270 to 18.175.290 (relocation) and 18.175.300 to 18.175.310 (demolition).

(e) Single Review. If an application is made in connection with a development project that is subject to discretionary review and consideration by another approval body, then the project review shall be combined with the historical architectural review. Recommendations associated with the historical architectural review shall be forwarded to the approval bodies for their consideration prior to action. (Ord. 27-2007 § 2, 10-23-07; amended during 2012 reformat. 1990 Code § 8-219116.)

18.175.170 Issuance of demolition or relocation permit.

A demolition or relocation permit may be issued by the planning manager upon the applicant obtaining any discretionary city approvals required under other chapters of this code and meeting the requirements of the city-adopted building and fire codes and other requirements of utility companies and other agencies with jurisdiction. (Ord. 27-2007 § 2, 10-23-07; amended during 2012 reformat. 1990 Code § 8-219117.)

18.175.180 Potential register resource – Limitation on appeals.

Notwithstanding any other provision of the Fremont Municipal Code, only the determination that a possible resource is a potential resource under Section 18.175.160 may be appealed. Such appeals shall be to the board. Any determination of the board shall be appealable to the city council. Appeals shall be filed in accordance with Chapter 18.300. A determination of “no action” of the board at a duly noticed public meeting, including a failure of the board to take action or to approve a motion either for or against the item, shall be considered a denial and would be eligible for the same appeal process as a denial. (Ord. 27-2007 § 2, 10-23-07; Ord. 22-2009 § 2, 12-15-09; amended during 4/14 supplement; Ord. 05-2021 § 35, 4-20-21. 1990 Code § 8-219118.)

18.175.190 Historical architectural review of alterations to register/potential register resources.

Upon the filing of an application for a permit for alteration of a building, structure, object or site that is a register/potential register resource, the board shall conduct historical architectural review of the proposed alteration, unless it is subject to expedited review under Sections 18.175.250 and 18.175.260. (Ord. 27-2007 § 2, 10-23-07; Ord. 22-2009 § 3, 12-15-09. 1990 Code § 8-219119.)

18.175.200 Approach to historic preservation.

It is the goal of the city to retain historic resources in their original context and setting. Should retention of an historic resource in its original context and setting prove infeasible or be disproportionate to its historical significance and functional value, the city will evaluate (in order of preference) any development project involving historic resources as follows:

(a) Consider on-site relocation of an historic resource retaining as much of the original setting as possible; then

(b) Consider off-site relocation to a site possessing as appropriate a setting as possible; and only then

See Sections 18.175.270 through 18.175.290 for relocation provisions and Sections 18.175.300 through 18.175.310 for demolition provisions. (Ord. 27-2007 § 2, 10-23-07. 1990 Code § 8-219120.)

18.175.210 Consolidated review for development projects.

If a project involves relocation or demolition of a register/potential register resource or development within an historical overlay district, all components of a proposed development project shall be considered concurrently rather than segmented into components. If the board is not the final approval authority, it shall forward any recommendations associated with the historical architectural review to the approval body for their consideration prior to action. (Ord. 27-2007 § 2, 10-23-07. 1990 Code § 8-219121.)

18.175.220 Process for review – Standards and findings for approval or recommendation.

After a completed application for an alteration permit has been filed, and within 45 days following completion of required environmental review pursuant to the California Environmental Quality Act, the board shall hold a noticed public hearing to consider the application. Following the hearing, the board, when it has final approval authority, may approve, conditionally approve or deny the application. When the board is making a recommendation to the approval authority, the board may recommend approval, conditional approval, or denial. In either case, in making its findings and decision, the board shall comply with the following standards:

(a) An application may only be approved if it is found to be, or conditioned so as to be:

(1) Consistent with the Secretary of the Interior’s Standards; and

(2) Consistent with applicable standards and guidelines adopted by city council.

(b) In addition, the following findings shall each be made, as applicable:

(1) The proposed undertaking is compatible with the period of significance and the character-defining features of the historic resource;

(2) The proposed undertaking is compatible with existing adjacent or nearby register resources and potential register resources and their character-defining features;

(3) The colors, textures, materials, fenestration, decorative features and details, height, scale, massing and methods of construction proposed are compatible with the period of significance;

(4) The proposed change does not adversely affect or otherwise compromise an important architectural, historical, cultural or archaeological feature or features;

(5) Other such applicable standards as are adopted by resolution of the board or the city council. (Ord. 27-2007 § 2, 10-23-07. 1990 Code § 8-219122.)

18.175.230 Elements of review.

Each of the following site development and design elements, as relevant, shall be considered in the review:

(a) Architectural design.

(b) Scale and proportion of improvements.

(d) Method of construction.

(e) Color and texture.

(f) Grading.

(g) Site planning.

(h) Illumination.

(i) On-site parking.

(j) Landscape elements.

(k) Signs.

(l) Street furniture.

(m) Relationship to public areas.

(n) Relationship to surroundings.

(o) Historic setting. (Ord. 27-2007 § 2, 10-23-07. 1990 Code § 8-219123.)

18.175.240 Review process for certain unique properties.

(a) Development on the Ardenwood Regional Preserve located at 34600 Ardenwood Boulevard shall be processed in accordance with the memorandum of understanding between the East Bay regional park district and the city of Fremont authorized by City Council Resolution Number 2004-67 adopted on September 7, 2004.

(b) Development on W. Burdette Williams Historic Park located at 39169 Fremont Boulevard shall be processed in accordance with City Council Resolution Number 1199 adopted on March 24, 1964. (Ord. 27-2007 § 2, 10-23-07. 1990 Code § 8-219124.)

18.175.250 Expedited review of minor alterations to register/potential register resources.

(a) The following categories of projects shall be reviewed by planning staff for compliance with the standards set forth in Section 18.175.220. The board secretary may take action on these projects unless the board secretary determines that the significance of the historic resource, or the discrepancies between the proposal and the findings and standards of this title, would justify more public review by a referral to either the alterations subcommittee or the board:

(1) The in-kind replacement of historically appropriate architectural features or building elements, including windows, doors, exterior siding, porches, cornices, columns, balustrades, balconies, stairs, and the like, that are deteriorated, damaged beyond repair or preservation, or previously removed;

(2) The replacement or repair of roof covering materials, fences or walls, paving for driveways, walkways and/or patios; provided it is consistent with the Secretary of the Interior’s Standards;

(3) The in-kind replacement of historically appropriate landscape features that are deteriorated, damaged beyond preservation, or previously removed;

(4) Landscaping where no other development is being reviewed and landscape alterations and installations relate to the removal of plant and building materials not specifically designated or listed as contributing to a register resource or potential register resource;

(5) All signs in areas with adopted sign guidelines, and where such signs are consistent with the appropriate design guidelines and ordinance requirements.

(b) The board secretary may also take action on the following categories of projects after providing a 10-calendar-day notice of the proposed project to the board. Within the notice period, any board member may request that the project be brought to the alterations subcommittee or full board for consideration:

(1) Exterior alterations, as related to seismic retrofitting of structures which do not adversely impact the architectural character or historic integrity of the register resource or potential register resource, or other historic resources in the vicinity;

(2) The removal of previous additions which have negatively impacted the historic integrity of a register resource or a potential register resource, provided the circumstances are adequately documented;

(3) Minor alterations that do not alter the architectural character of the building or have a substantial adverse impact on the historic character of the register resource or potential register resource, including minor alterations to Mills Act properties;

(4) Other alterations and additions when they are effectively screened from view or not visible from any publicly accessible right-of-way or neighboring properties. Effective screening may include a structure, fence, wall, gate, door, hedge, trees, other plant material or a combination of such items at least five feet tall;

(5) The construction of minor accessory buildings and structures that:

(A) Are less than 300 square feet in size; and

(B) Are not visible from a publicly accessible right-of-way; and

Notices of actions under this section shall be sent to the applicant and members of the board. An applicant may appeal any action taken under this section to the board in accordance with the standard city appeal procedures. A determination of “no action” of the approval authority at a duly noticed public meeting, including a failure of the approval authority to take action or to approve a motion either for or against the item, shall be considered a denial and would be eligible for the same appeal process as a denial. (Ord. 27-2007 § 2, 10-23-07; Ord. 05-2021 § 36, 4-20-21. 1990 Code § 8-219125.)

18.175.260 Procedure for expedited review.

The procedure for reviewing applications which qualify for expedited review, as set forth in Section 18.175.250, shall be as follows:

(a) Within 30 days of the date of acceptance of a completed application, the review shall be completed and notice of the decision to approve, conditionally approve, or deny the application or to forward the application to the board for a decision shall be given to applicant. The notice of decision to the applicant shall state the findings and reasons relied upon in reaching the decision. The 30-day time limit may be extended upon the request or with the concurrence of the applicant.

(b) Decisions of the alterations subcommittee to approve or conditionally approve an application must be by an affirmative vote of both members of the alterations subcommittee. If there are any dissenting votes, the application shall automatically be forwarded to the board for a decision unless the application is withdrawn by written request of the applicant.

(c) When the decision of the alterations subcommittee is to approve or conditionally approve the application, the decision shall be final and conclusive unless, within 10 days of the date of notice of the decision, the applicant files with the planning division a written appeal setting forth all the points of disagreement with the decision.

(d) Where the application has been forwarded or appealed to the board, it shall be heard by the board at its next meeting, and the board shall complete its review and render a decision to approve, approve with conditions, or deny the application within 45 days of the initial hearing. Decisions of the board shall be in writing and shall state the findings and reasons relied upon in reaching the decision. Decisions of the board shall be final and conclusive unless appealed to the city council within 10 days of the notice of the decision, in accordance with Chapter 18.300. (Ord. 27-2007 § 2, 10-23-07; amended during 4/14 supplement. 1990 Code § 8-219126.)

18.175.270 Relocation process for consideration by board/city council.

(a) Application or Notice of Proposal to Relocate. Upon the filing of an application for a permit for the relocation of a register/potential register resource, or of a notice of intention under Section 18.175.310 to relocate a register resource, an inspection shall be made of the physical condition thereof. The chief building official shall inspect buildings and structures. The planning manager shall cause to have inspected all other types of historic resources. The inspecting official(s) shall report to the planning manager as to the physical condition of the historic resource.

(b) Environmental Assessment. The planning manager will have an environmental assessment prepared and circulated for the proposal prior to consideration by the board.

(c) Hearing. At any hearing held on relocation of a register/potential register resource, the board shall consider the preferences listed under Section 18.175.200, evidence as to its physical condition, the proposed site and manner of relocation, and such other information the board believes material. At the conclusion of the hearing, which may be continued from time to time by the board if additional information is needed or at the request of the applicant, the board shall take one of the actions described in subsections (d) through (g) of this section.

(d) Approve Relocation of a Potential Historic Resource. The board may approve relocation of a potential historic resource to a new and specific site if it finds that the potential historic resource can be relocated without substantial damage to it or loss of its historic integrity. The board may impose such conditions as are necessary to assure this result, including but not limited to documentation and/or salvage.

(e) Recommend Relocation of a Register Resource. The board may recommend to city council approval for the relocation of a register resource to a new specific site if it finds that the register resource can be relocated without substantial damage to it or loss of its historic integrity. The board may recommend the imposition of conditions it believes are necessary to assure this result, including but not limited to documentation and/or salvage. The city council shall be the approval authority for relocation of a register resource.

(f) Invoke a 90-Day Delay Period. If the board cannot make the findings for approval, and it finds that the historic resource may be retained at its present location so as not to create an immediate or potential hazard to other buildings, or structures or their occupants, or to plant or animal life, on the same lot or on any adjacent lots, then the issuance of a relocation permit may be delayed for 90 days, consistent with Section 18.175.280. At the end of the 90-day period, the application shall be reconsidered and the board shall take an action under subsection (d), (e) or (g) of this section; provided, if a revised or alternative relocation plan is submitted and approved, the 90-day delay period shall end at that time.

(g) Deny a Relocation Request. The board may deny a relocation request if it finds that relocation would likely result in substantial damage or loss of its historic integrity, or that the potential register resource/register resource could be retained at its present location and that the expense of restoration or rehabilitation is not disproportionate to its historical significance and functional value. (Ord. 27-2007 § 2, 10-23-07; amended during 2012 reformat. 1990 Code § 8-219127.)

18.175.280 Purposes of 90-day delay period.

The purposes of the 90-day delay period permitted pursuant to Section 18.175.270 are as follows:

(a) To allow property owners to reconsider requests to relocate an historic resource; and

(b) To determine if other methods of relocation are possible so as not to damage the historic resource; and

(c) To promote consultation between the city, other public agencies, private historical organizations, civic groups, other interested persons and property owners to determine whether retention of the historic resource may be accomplished through the participation or action of any such persons, groups, agencies or organizations, or the city. (Ord. 27-2007 § 2, 10-23-07. 1990 Code § 8-219128.)

18.175.290 Findings for relocation.

The board or city council shall make the following findings if relocation is to be approved or recommended for approval:

(a) The applicant has demonstrated that they have explored alternatives and the proposed relocation is consistent with the city’s approach to historic preservation as stated in Section 18.175.200; and

(b) That the register/potential register resource can be relocated without causing substantial damage to it or its historic setting; and either:

(1) That the register/potential register resource, if retained at its present location, would create an immediate or potential hazard to other buildings, structures, objects, or to any occupants, or to plant or animal life, on the same or any adjacent lot; or

(2) That the expense of restoration or rehabilitation of the historic resource at its present location is disproportionately great in relation to its historical significance and functional value. (Ord. 27-2007 § 2, 10-23-07. 1990 Code § 8-219129.)

18.175.300 Demolition of register/potential register resources.

(a) Upon determination that a building, structure or object proposed for demolition is a register/potential register resource, the planning manager will have an environmental assessment prepared and circulated unless a statutory exemption is applicable.

(b) The applicant shall, as a prerequisite to consideration of the application, provide evidence that they have explored alternatives and the proposed demolition is consistent with the city’s approach to historic preservation as stated in Section 18.175.200.

(c) Within 45 days following completion of the environmental assessment, the board shall hold a noticed public hearing to consider the application and whether, in the case of a potential register resource, it is properly classified as such. Following the hearing, the board shall take one of the actions described in subsection (d), (e) or (f) of this section.

(d) Approve or Recommend Approval. The board may approve the demolition permit for a potential register resource, or recommend approval of the demolition permit to the city council for a register resource. The board or city council must make one or more of the following findings to approve demolition:

(1) The historic resource does not actually meet the standards for listing on the Fremont register; or

(2) Retention of the register/potential register resource in accordance with this chapter would cause immediate and substantial hardship to the property owners because rehabilitation or restoration would:

(A) Be infeasible from a technical, mechanical, or structural standpoint; or

(B) Be disproportionately great in relation to its historical significance and functional value; or

(C) Leave the property with no reasonable economic value, taking into account such factors as current market value, permitted uses of the property, and the cost of compliance with applicable local, state, and federal codes. Costs necessitated by the neglect or failure of the current owners to maintain the property need not be taken into consideration; or

(D) Create an immediate or potential hazard to other buildings.

The board or city council, at its discretion, may impose or recommend imposition of conditions requiring documentation or salvage of the register/potential register resource before or during demolition.

(e) Invoke a 90-Day Delay. The board may establish a period, not to exceed 90 days, during which the applicant shall pursue relocation or restoration or rehabilitation of the register/potential register resource. At the end of this time, the board shall hold a second noticed public hearing and take one of the actions listed in subsection (d) or (f) of this section.

(f) Deny the Demolition Permit. The board may deny a demolition permit if it finds that:

(1) The potential register resource/register resource could be relocated without substantial damage to it; or

(2) The potential register resource/register resource could be retained at its present location and that the expense of restoration or rehabilitation is not disproportionate to its historical significance and functional value. (Ord. 27-2007 § 2, 10-23-07; amended during 2012 reformat. 1990 Code § 8-219130.)

18.175.310 Actions to relocate, demolish or destroy certain identified register/potential register resources that would otherwise require no city approval.

(a) Application. This section applies to register and potential register resources for which the relocation, removal, demolition or destruction otherwise requires no permit pursuant to Chapter 18.215 (pertaining to preservation of trees) or Division 1 of Title 15 (pertaining to building regulations).

(b) Notice of Intention. No person shall relocate, remove, demolish or destroy a register/potential register resource (including objects, sites, areas, places) unless this person shall have filed with the planning manager a written notice of intention to take such action, and unless one of the following shall have occurred:

(1) The planning manager authorizes the action to protect the public health and safety under the emergency review procedures of Section 18.175.400; or

(2) The board or city council authorizes the action pursuant to Section 18.175.270 through 18.175.290.

(c) Denial. The board may also deny the application for relocation, removal, demolition or destruction finding that the register/potential resource could be retained at its present location and that the expense of restoration or rehabilitation is not disproportionate to its historical significance and functional value. (Ord. 27-2007 § 2, 10-23-07; amended during 2012 reformat. 1990 Code § 8-219131.)

18.175.320 Mills Act contracts program establishment.

Pursuant to Cal. Gov’t Code Title 5, Division 1, Part 1, Chapter 1, Article 12, Historical Property Contracts, Sections 50280 through 50290 (commonly known as the “Mills Act”), the city council has established a Mills Act program providing for an historical property contract with an owner of historic property as designated by the city council or listed on any official federal, state, or county register for the purpose of preservation, rehabilitation, and maintenance of a designated historic resource. (Ord. 27-2007 § 2, 10-23-07. 1990 Code § 8-219132.)

18.175.330 Purpose.

The terms of the historical property contract allow the owner to potentially receive a reduction in property taxes in exchange for the property owner’s commitment to specific repair, restoration and/or rehabilitation improvements and satisfactory maintenance of the historic property. (Ord. 27-2007 § 2, 10-23-07. 1990 Code § 8-219133.)

18.175.340 Required contract provisions.

The required provisions of an historical property contract shall be at least those required by Cal. Gov’t Code §§ 50281 and 50282, as amended from time to time, including but not limited to:

(a) Minimum term of 10 years; and

(b) The owner’s commitment and obligation to preserve and, when necessary, restore and rehabilitate the property to conform to the rules and regulations of the Office of Historic Preservation of the State of California Department of Parks and Recreation, the United States Secretary of the Interior’s Standards for Rehabilitation, and the State Historical Building Code; and

(c) Permission of the owner for periodic examination of the interior and exterior of the premises by state and local officials as may be necessary to verify the owner’s compliance with the contract; and

(d) A provision binding all successors in interest of the owner to the benefits and burdens of the contract; and

(e) A requirement that the owner provide written notice of the contract to the Office of Historic Preservation within six months of entering into the contract; and

(f) Automatic annual renewal(s) of the contract, absent timely written notice of nonrenewal by the owner or the city as prescribed in Cal. Gov’t Code §§ 50282; and

(g) A provision that the city may cancel the contract if it determines that the owner has breached any of its conditions or has allowed the property to deteriorate to the point that it no longer meets the standards applicable to a qualified historical property as defined in Cal. Gov’t Code § 50284, as amended from time to time. The contract shall also state that, if the city cancels the contract for either of the above reasons, the owner shall pay the county auditor a cancellation fee as set forth in Cal. Gov’t Code § 50286, as amended from time to time; and

(h) A provision that if, pursuant to an owner’s application, the city council determines that preservation, restoration or rehabilitation has become infeasible due to damage of the property caused by natural disaster or otherwise (e.g., fire, flood, earthquake, etc.), the city may cancel the contract without the owner being required to pay the above-referenced cancellation fee, to the extent that nonpayment is permitted by law. (Ord. 27-2007 § 2, 10-23-07. 1990 Code § 8-219134.)

18.175.350 Procedures for Mills Act agreements.

(a) A property owner may file an application for an historical property contract. The application shall include:

(1) An application fee as established by city council resolution; and

(2) A complete legal description of the property; and

(3) Other information as determined necessary by the planning manager and as set forth on the application submittal form.

(b) Upon receipt of a complete application, the board secretary shall initially determine the eligibility of the property for an historical property contract.

(c) If the secretary determines that the property is eligible for an historical property contract, the board in accordance with the applicable provisions of this chapter shall first hear the application, and shall deny the application or make a recommendation to city council to approve the application.

(d) If the property owner wishes to make an application for exterior modifications to structures or objects on the property, they must do so concurrent with their application for an historical property contract. The board shall not take action on an application for an historical property contract until it has acted on any concurrent application for exterior modifications.

(e) In order to recommend approval of an historical property contract, the board must find that approval of the contract is consistent with and supportive of the general plan goals and policies for historic preservation and the provisions of this chapter.

(f) A board decision to deny an application for an historical property contract is final unless appealed. A board decision to recommend approval or conditional approval shall be considered for final action by the city council. In order to approve the contract, the city council must find it is consistent with and supportive of the general plan goals and policies for historic preservation and the provisions of this chapter.

(g) Where the city council approves an application for an historical property contract, the mayor shall be authorized to sign the contract on behalf of the city. Upon signature of the contract by the owner and the mayor, the city clerk shall forthwith record with the county recorder a copy of the executed historical property contract. (Ord. 27-2007 § 2, 10-23-07; amended during 2012 reformat. 1990 Code § 8-219135.)

18.175.360 Notice.

(a) The board secretary shall notice all items heard by the alterations subcommittee and the board in accordance with the notice of public hearing requirements set forth in Chapter 18.320, excepting those items listed in Sections 18.135.070 and 18.175.250. The secretary may elect to provide a courtesy notice regarding items listed in Sections 18.135.070 and 18.175.250, but is not required to do so.

(b) Mills Act Applications. For Mills Act applications that do not include a proposal for modification to the exterior of a qualified historic property, no mailed or published notice of consideration by the board or the city council is required.

(c) Interested Organizations. The secretary of the board shall compile a list of groups, persons and organizations that are interested in the preservation of historic resources in the city. Other groups, persons, and organizations shall be added to this list upon their written request. Notice of each meeting of the board shall be provided to each group, person or organization on the list. (Ord. 27-2007 § 2, 10-23-07; amended during 4/14 supplement. 1990 Code § 8-219136.)

18.175.370 Appeals.

All appeals shall be made in accordance with Chapter 18.300. (Ord. 27-2007 § 2, 10-23-07; Ord. 22-2009 § 4, 12-15-09; amended during 4/14 supplement. 1990 Code § 8-219137.)

18.175.380 Duty to keep in good repair.

Every person in possession or control of a register resource or a property that has been determined to be eligible for the California register and any appurtenant premises shall maintain and keep in good repair the exterior of such designated resources, as well as all interior portions thereof whose maintenance is necessary to prevent deterioration or decay of any exterior architectural feature. “Good repair” is defined as that level of maintenance and repair which clearly furthers the continued availability of such structure and premises for lawful reasonable uses and prevents acts that allow deterioration, dilapidation and decay of such structures and premises. (Ord. 27-2007 § 2, 10-23-07. 1990 Code § 8-219138.)

18.175.390 Enforcement.

(a) Any person who violates a requirement of this chapter, or fails to obey an order issued by the board or city council or comply with a condition of approval of any permit issued pursuant to this chapter shall be subject to any and all of the enforcement provisions set forth in this code.

(b) In addition to any other penalties or remedies which may be imposed by this code, any person who alters, removes or demolishes a register resource in violation of this chapter shall be required to reconstruct the building, site, structure or object to its appearance or setting prior to the violation, consistent with historic reconstruction guidelines. In the event reconstruction is not physically or economically feasible, as determined by the board pursuant to a noticed hearing, the board shall impose monetary sanctions for the violation, in an amount deemed equivalent to the loss to the community of the register resource. The board may consider such factors as the cost of reconstruction, market value of the property, and impact to the community in determining the amount of the sanction. In addition, the board may order that all building, zoning and/or use permits may be denied for the affected property for a period not to exceed five years and that a notice be recorded on title. Any action to enforce this provision shall be brought by the city. This civil remedy shall be in addition to, and not in lieu of, any criminal prosecution and penalty or other remedy provided by law. (Ord. 27-2007 § 2, 10-23-07. 1990 Code § 8-219139.)

18.175.400 Procedures in case of emergency.

(a) If, after consultation with the chief building official, or, in the case of a tree or plant, the parks superintendent, the planning manager finds that demolition, relocation, or major alteration of a register resource, a potential register resource, or a structure more than 50 years old subject to screening under this chapter must be undertaken immediately to adequately protect the public health and safety due to a hazardous condition of the resource, the planning manager shall authorize the issuance of the permit in conformance with other applicable requirements of this code, to the extent necessary to eliminate the hazardous conditions that impose imminent danger to public health and safety, without referral of the matter to the board. The planning manager’s action shall be final. The secretary to the board will inform the board and city council of the action during their next regularly scheduled meetings.

(b) If, after consultation with the chief building official, or, in the case of a tree or plant, the parks superintendent, the planning manager finds that demolition, relocation, or major alteration of a register resource, a potential register resource, or a structure more than 50 years old subject to screening under this chapter must be undertaken promptly to adequately protect the public health and safety due to a hazardous condition of the resource, the planning manager shall advise the board secretary and the chairperson of the board immediately of such finding. The secretary or the chairperson shall call a special meeting of the board to be held within three days to review the proposal. Notice shall be given as set forth for special meetings under the Ralph M. Brown Public Meeting Law (Cal. Gov’t Code §§ 54950 et seq.). The action of the board shall be final, unless called up for discretionary review pursuant to Section 18.175.420.

(c) The fact that a building, structure, or object has been made subject to an order issued by the building official to seismically retrofit a building under Chapter 15.70 shall not in itself compel a determination that an immediate or potential hazard exists that requires allowing immediate demolition, relocation, or alteration. (Ord. 27-2007 § 2, 10-23-07; amended during 2012 reformat. 1990 Code § 8-219140.)

18.175.410 Findings for demolition in case of emergency.

The planning manager or board shall make the following findings if demolition is to be approved:

(a) That the register/potential register resource, if retained at its present location, would create an immediate or potential hazard to other buildings, structures, objects, or to any occupants, or to plant or animal life, on the same or any adjacent lot; and

(b) That the applicant has demonstrated that they have explored relocation and rehabilitation alternatives consistent with the city’s approach to historic preservation as stated in Section 18.175.200, and that such alternatives are not feasible under the circumstances because it would not be technically feasible or the expense of relocation, restoration and rehabilitation of the historic resource is disproportionately great in relation to its historical significance and functional value. (Ord. 27-2007 § 2, 10-23-07; amended during 2012 reformat. 1990 Code § 8-219141.)

18.175.420 Discretionary review by council of emergency finding.

The planning manager shall give notice of any action to approve demolition of a register resource taken by the board pursuant to Section 18.175.400(b) to the city council within 24 hours of the action being taken. Notice may be given orally or in writing, by whatever means is most expedient. Upon the request of any member of the city council, including the mayor, made within 24 hours of receiving the notice, the mayor shall call a special meeting of the council to be held within three days to review the action. Notice shall be given as set forth for special meetings under the Ralph M. Brown Public Meeting Law (Cal. Gov’t Code §§ 54950 et seq.). The council shall review the action in accordance with Sections 18.175.400 through 18.175.410. (Ord. 27-2007 § 2, 10-23-07; amended during 2012 reformat. 1990 Code § 8-219142.)

18.175.430 Glossary.

As used in this chapter, the following terms, which are listed alphabetically for convenience’s sake, shall have the following meanings unless otherwise indicated from the context:

“Alteration” means any exterior change or modification, through public or private action, to a building, structure, object or site. Painting is not an alteration unless the painting (or lack of painting) of a building, structure or object is a character-defining feature of that building, structure or object.

“Alteration, minor,” in the case of a register resource or potential register resource, means an alteration that is consistent with the Secretary of the Interior’s Standards. A minor alteration of a building, structure, object or site that is not a register/potential register resource is one that is consistent with the applicable guidelines and standards of the historical overlay district in which it is located.

“Alteration, substantial” means any alteration to a character-defining feature of an historic resource which is not consistent with the Secretary of the Interior’s Standards.

“Board,” as used in the context of historical overlay district and historic resources ordinance, shall mean the historical architectural review board of the city of Fremont. The board may also be referred to as “HARB.”

“California register” means the California Register of Historical Resources established and maintained pursuant to Cal. Pub. Res. Code § 5024.1 or any successor legislation. This automatically includes properties listed or eligible for the national register.

“Character-defining feature” means a distinctive feature, finish, color, construction technique, building material, or example of craftsmanship that conveys the historical significance of the historic resource.

“Contributing resource” means a building, structure, object, site or place that contributes to the historical significance and overall historic setting of an area.

“Demolition” means, in the case of a building or structure lacking historical significance, the removal of 50 percent or more of the exterior walls or the roof form. Regarding an historic resource, “demolition” means the destruction, removal or alteration of a building or structure in whole or in part.

“Development project” means the subdivision of land as defined in Title 17 or any act requiring the issuance of a permit for grading, excavation, demolition, removal or construction of buildings, structures or objects.

“Exterior architectural feature” means the architectural features that embody the style, design, general arrangement and components of all of the outer surfaces of a building, structure, object or site including, but not limited to, the kind, color and texture of the improvement’s materials, and, in the case of a structure, the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such structures.

“Feature” shall mean fixtures, components or appurtenances attached to, contiguous to or otherwise related to a building, structure or property, including, without limitation, materials, landscaping, distinguishing aspects, roof attributes, overlays, moldings, sculptures, fountains, light fixtures, windows and monuments. “Feature” may include interior areas of publicly accessible buildings or structures.

“Fremont register of primary historical resources” or “Fremont register” means the list of historic resources established by the city council pursuant to this chapter.

“Historical architectural review” means the evaluation of a proposed change to an historic resource to determine its compliance with the Secretary of the Interior’s Standards and, in the case of register resources located in historical overlay districts, other applicable standards. It also means the evaluation of any other development in an historical overlay district for compatibility with that district.

“Historical property contract” means a contract between an owner of a Fremont register resource or other qualified historical property and the city of Fremont, meeting all requirements of Cal. Gov’t Code §§ 50281 and 50282, as amended from time to time (Mills Act), and of this title.

“Historic resource” means any building, structure, object, site, area or place which is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military or cultural annals of California, or the city of Fremont, or both.

“Historic resources inventory form” means California Department of Parks and Recreation Form (DPR 532 A/L) or any successor form approved by the Department of Parks and Recreation for evaluation of historic resources for listing in the California register.

“Improvement” means any building, structure, place, wall, fence, gate, sign, wall, parking facility or other object constituting physical change of real property or any part of such feature which is not a natural feature.

“Integrity” means the ability of an historic resource to convey its historical significance through the retention of its original location, setting, design, materials, craftsmanship, feeling and association.

“Mills Act” shall mean Cal. Gov’t Code § 50280 and following, including any successor legislation.

“National register” shall mean the National Register of Historic Places, the official inventory of districts, sites, buildings, structures and objects significant in American history, architecture, archaeology and culture which is maintained by the Secretary of the Interior under the authority of the Historic Sites Act of 1966 (as amended), 16 United States Code 470-470t; 36 Code of Federal Regulations Sections 60, 630, and any successor legislation.

“Ordinary maintenance and repair” means any work, including window replacement and exterior wall resurfacing, where the purpose and effect of such work is to prevent or correct any deterioration of, or damage to, a structure of any part of it when this work restores in style, kind and material the same to its condition prior to the occurrence of such damage, deterioration or alteration.

“Planning manager” means the planning manager of the city or the manager’s designee.

“Possible register resource” means a building, structure or object at least 50 years old which planning manager has determined on the basis of preliminary research to require further evaluation before it can be determined that it is not a potential register resource. A building, structure or object which clearly lacks the characteristics of an historic resource or which is so lacking in integrity that it could not qualify for listing on the California register or Fremont register is not a possible register resource.

“Potential register resource” means a building, structure, object, site, area or place identified by a qualified historic preservation professional as meeting the standards for listing in the California register or Fremont register.

“Preservation” means the act or process of applying measures necessary to sustain the existing form, integrity, materials and color of an historic property, including any character-defining features.

“Qualified historic property” means a privately owned property that is not exempt from property taxation and is listed on the national register, the California register or the Fremont register.

“Register resource” means:

(1) An historic resource listed on the Fremont register; or

(2) An historic resource listed on the California register or formally determined by the State Historic Preservation Commission to be eligible for listing in the California register; or

(3) An historic resource listed on the national register or formally determined to be eligible for listing on the national register.

“Rehabilitation” means the act or process of returning a building or structure to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of an historic resource which are significant to its historical, architectural and cultural value.

“Relocation” means moving a building or structure from one site to another or to a different location on the same site.

“Restoration” means the act or process of accurately recovering the forms and details of a building or structure and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.

“Secretary of the Interior’s Standards” means the Secretary of the Interior’s Standards for the Treatment of Historic Properties as issued by the National Park Service in 1995.

“Secretary to the board” or “board secretary” means the person designated by the planning manager to assist in the administration of this chapter.

“Structure” means anything constructed or erected, the use of which requires permanent location on the ground.

“Substantial adverse impact” means any demolition, destruction, relocation or alteration that would impair the significance of an historic resource. (Ord. 27-2007 § 2, 10-23-07; amended during 2012 reformat. 1990 Code § 8-219143.)