Chapter 14.39
HISTORIC RESOURCES PRESERVATION
Sections:
14.39.020 Historic preservation.
14.39.025 Designation of historic resource.
14.39.030 Historic resource plans.
14.39.035 Designation of historic district.
14.39.040 Historic district plans.
14.39.045 Alteration or demolition procedures.
14.39.050 Requests for removal from inventory.
14.39.055 Adoption of state Historical Building Code.
14.39.060 Land use regulations.
14.39.070 Alteration of any historic resource on the inventory.
14.39.075 Historic preservation permit.
14.39.080 Findings for approval of any alteration to an historic resource.
14.39.085 Demolition of any historic resource on the inventory.
14.39.090 Documentation of historic resource to be demolished.
14.39.005 Intent and purpose.
The intent and purpose of this chapter is to:
A. Provide for the protection, preservation, enhancement, and perpetuation of those buildings, structures, objects and areas of historic, architectural and engineering significance which contribute to the cultural heritage of the city;
B. Strengthen the economy of the city by protecting and enhancing the city’s attractions for residents and visitors thereby stimulating local commerce;
C. Integrate the preservation of historic resources into public and private land use management and development processes;
D. Align the goals of historic preservation with city’s plans, policies and implementation programs; and
E. Qualify the city as a certified local government as defined in the Historic Preservation Act of 1966. (Ord. C-8-11 §8(part), 2011).
14.39.010 Definitions.
The definitions set forth herein shall apply to any building or site designated as an historic resource on the historic resources inventory, and in conjunction with any process specified herein.
A. “Addition” means expansion of the size of an historic building or object by new construction physically connected with the existing structure or by the addition of a new building on the same site.
B. “Alteration” means any kind of exterior change to an historic building, site or object. For purposes of this chapter, minor changes to the structure that do not alter the physical appearance of the building such as the replacement of windows or doors that do not affect the historical integrity of the building or site are not to be considered an “alteration.”
C. “Architectural” means anything pertaining to the science, art or profession of designing and constructing buildings.
D. “Cultural” means anything pertaining to the concepts, skills, habits, arts, instruments or institutions of a given people at a given point in time.
E. “Demolition” means an act or process which destroys a building, structure, site, object or major portion thereof, or impairs their structural integrity.
F. “Historic” means any building, site, structure, or object which depicts, represents or is associated with persons or phenomena which significantly affect or which have significantly affected the functional activities, heritage, growth, or development of the city, state or nation.
G. “Historic district” means a defined area containing buildings, structures, sites, objects and spaces linked historically through location, setting, materials, workmanship, feelings and/or association. The significance of a district is the sense of time and place in history that its individual components collectively convey. This sense may relate to developments during one period or through several periods of history. For purposes of this chapter and the historic resource preservation ordinance, “historic district” shall not be construed to be a zoning district.
H. “Historic district review criteria” means standards of appropriate activity which will preserve the historic and architectural character of a building, structure, site, object or the atmosphere of an area.
I. “Historic resource” means any real property or improvement thereon such as a building, structure, object or archaeological excavation that is significant because of its location, design, setting, materials, workmanship, or aesthetic feeling and is designated as such by the city council pursuant to the provisions of this chapter.
J. “Historic resources inventory” means the list of historic resources in Half Moon Bay published in 1981 and updated in 1995 and officially adopted by resolution of the city council.
K. “Historic resource plan” means a program for maintenance, rehabilitation, restoration or relocation of an historic building, structure, site or object, and the relationship between the historic and nonhistoric elements of a historic district site.
L. “Integrity” means the authenticity of a property’s historic identity, evidenced by the survival of physical characteristics that existed during the property’s historic period.
M. “Maintenance and repair” means the act or process of conserving or repairing a structure without modifying the form, detail or type of material. Maintenance and repair includes the placement of a concrete foundation for buildings and structures listed on the city’s historic resource inventory.
N. “Preservation” means the use of long-term or permanent safeguards to guarantee the viability of man-made resources and includes the identification, study, protection, rehabilitation, restoration or enhancement of historic resources.
O. “Significant” means having historic, archaeological, architectural or engineering value. (Ord. C-8-11 §8(part), 2011).
14.39.015 Applicability.
The provisions of this chapter shall apply to any historic resource on the historic resources inventory when:
A. The owner of an historic resource on the historic resources inventory desires to secure the advantages and benefits of preserving identified historic resources;
B. The owner of an historic resource on the historic resources inventory desires to alter the building or site in such a manner as to compromise its attributes that qualify it for inclusion on the inventory. In these cases, the provisions of Section 14.39.070 shall be followed; or
C. The owner of an historic resource on the historic resources inventory desires to demolish a building or object on the inventory. In these cases, the provisions of Section 14.39.085 shall be followed. (Ord. C-8-11 §8(part), 2011).
14.39.020 Historic preservation.
The planning commission shall perform the following functions and shall have the following powers and duties:
A. Conduct, or cause to be conducted, a comprehensive survey of properties within the boundaries of the city for the purpose of establishing an official inventory of historic resources. The historic resources and contributors inventory shall be publicized and periodically updated, and a copy thereof shall be kept on file in the office of the city clerk;
B. Serve as an advisory resource to city agencies or departments on projects and programs dealing with the recognition, conservation, enhancement and use of the city’s historic resources;
C. Investigate and report to the city council on the availability of federal, state, county, local or private programs for the rehabilitation and preservation of historic resources;
D. Participant in, promote and conduct public information, educational and interpretive programs pertaining to historic and cultural resource preservation;
E. Advise and assist property owners, on request, with the restoration, rehabilitation, alteration, landscaping or maintenance of any historic or cultural resource;
F. Review and comment on National Register nominations submitted for properties within the city and provide recommendations to the state on whether each property meets the National Register criteria; and
G. Perform other such functions as may be delegated to it by the city council. (Ord. C-8-11 §8(part), 2011).
14.39.025 Designation of historic resource.
Designation of historic resources may be initiated by the city council, the planning commission, or upon application of the owner, or the authorized representative of the owner, of the property for which the designation is requested.
A. Procedures. The following procedures shall apply when designating a building, site or object as a historic resource:
1. In order to be eligible for inclusion on the historic resources inventory, a building, structure, site or object must be at least fifty years old and meet the criteria specified in this chapter.
2. The historic preservation commission may initiate the process of designating a building, site or object a historical resource upon an affirmative vote of a majority of its members, or the city council may initiate the process upon an affirmative motion of a majority of the members that a building, structure, site, object or district meets the criteria for the inclusion on the historic resources inventory.
3. All applications by a property owner for historical designation shall be submitted to the historical preservation commission, and shall be accompanied by all the data required by this chapter.
4. Any proposal for designating a building, site or object as a historic resource shall include the following information:
a. Assessor’s parcel number of the site of the structure proposed for designation, or legal description of the district proposed for designation;
b. Description detailing the structure or district proposed for designation;
c. Sketches, drawings, maps, photographs or other descriptive material;
d. Statement of condition of the structure or district;
e. Statement of architectural and historic significance of the structure or district; and
f. Other information requested by the community development director.
5. Notwithstanding the provisions of California Government Code Section 65091(A)(3), no property shall be placed on the historic resources inventory without notice to the property owner in accordance with this chapter.
6. The planning commission shall place a building, site or object on the historical resources inventory upon making a determination that the building, site or object meets the criteria specified in this chapter.
7. No building permits for the alteration, demolition or removal of any building or structure relative to any proposal for designation as a historic resource or within an area proposed for designation as a historic district shall be issued between the date on which the application was filed and date the historic preservation commission takes final action on such proposal.
B. Criteria. A building, site or object may be designated a historic resource if such building, site or object meets the criteria for listing on the National Register of Historic Places, the California Register of Historic Resources, or one or more of the following conditions are found to exist:
1. Historical and Cultural Significance.
a. The building, site or object exemplifies or reflects special elements of the city’s cultural, social, economic, political, aesthetic, engineering or architectural history; or
b. The building, site or object is identified with persons or events significant in local, state or national history; or
c. The building, site or object embodies 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
d. The building, site or object is representative of the work of a notable architect, designer or builder.
2. Neighborhood and Geographic Setting.
a. The building, site or object materially benefits the historic character of the neighborhood. (Ord. C-2015-04 §1(part), 2015; Ord. C-8-11 §8(part), 2011).
14.39.030 Historic resource plans.
In conjunction with a property owner’s application for designation as an historic landmark, an historic resource plan shall contain but shall not be limited to the following elements:
A. A statement of the goals for the preservation of the historic resource;
B. Analysis of physical conditions of the resource;
C. Analysis of the compatibility of the resource with existing plans, policies and programs of the city;
D. A description of the resource, including its architectural style, design elements, and history which combine to make it historically significant;
E. Plans, drawings and photographs identifying proposed changes or modifications necessary to maintain, rehabilitate or restore the building, structure, site or object to an appropriate historic appearance;
F. Historic resource plans may identify nonhistoric elements of a property which do not require historic preservation permit review. (Ord. C-8-11 §8(part), 2011).
14.39.035 Designation of historic district.
The planning commission may designate an area or areas of the city as an historic district upon making a determination that: (A) the criteria established by the Historic Preservation Act of 1966 have been met; and (B) the historic district is a geographically definable area, urban or rural, possessing a significant concentration or continuity of buildings, structures, sites or objects unified by past events, or aesthetically by plan of physical development. (Ord. C-8-11 §8(part), 2011).
14.39.040 Historic district plans.
The planning commission may develop and promulgate a historic district plan or plans which shall be used in the implementation of this chapter as applied to each historic resource or district. The plan shall contain, but is not limited to, the following elements:
A. A statement of the goals for the preservation of the historic district;
B. Analysis of physical and socioeconomic conditions of the district;
C. Analysis of the compatibility of the district with existing plans, policies and programs;
D. A description of the structures, design elements and heritage which combine to constitute the historic district;
E. The predominant historic and/or architectural periods or styles;
F. The specific features of the architectural periods or styles represented in the historic district including, but not limited to, building height, bulk, distinctive architectural details, materials, textures and landscaping; and
G. Recommendations for implementation of the plan based upon the findings, standards and design criteria contained therein. (Ord. C-8-11 §8(part), 2011).
14.39.045 Alteration or demolition procedures.
No person shall carry out or cause to be carried out on a designated historic resource or in a historic district any material change in exterior appearance of such structure or districts through alteration, construction, relocation or demolition, without following the procedures set forth in this chapter. (Ord. C-08-11 §8(part), 2011).
14.39.050 Requests for removal from inventory.
Property owners requesting to have their property removed from the inventory shall submit a letter of request to the planning commission. The planning commission shall review the request and shall make findings as to whether or not a building, structure, site or object meets the criteria specified in this chapter. If the property in question meets the criteria for an historic resource, the property shall remain on the inventory. If the property in question does not meet the criteria as an historic resource, or it has been demolished or altered to such an extent that its integrity as an historic resource has been compromised pursuant to the provisions of this chapter, the planning commission shall remove the property from the list. (Ord. C-8-11 §8(part), 2011).
14.39.055 Adoption of state Historical Building Code.
The California State Historical Building Code shall be the adopted standards for all construction and alteration of historical buildings and structures in the city. This shall include structures on existing or future national, state or local historic registers or official inventories such as the National Register of Historic Places, the California registered historical landmarks, the California points of historical interest, the California Register of Historic Resources, and city or county registers or inventories of historical or architecturally significant sites, places, historic resources and districts. (Ord. C-8-11 §8(part), 2011).
14.39.060 Land use regulations.
A. Underlying Zoning. Except as provided for herein, properties on the historic resources inventory are subject to the land use and development regulations of the underlying zoning district in which the historic resource exists.
B. Zoning Exceptions. Existing designated buildings, structures, sites or objects shall not be subject to the adopted development standards of the underlying zoning district such as height, floor area ratio, lot coverage, and setbacks if strict compliance with those provisions adversely affects the ability of the property owner to restore an identified historic resource and qualify for consideration as an historic landmark.
C. Hearing. Following notice of hearing pursuant to the provisions of this title, the planning commission may grant an exception to any development standard set forth in the underlying zoning district regulations in conjunction with the approval of an historic preservation permit when such exception is necessary to permit the preservation, restoration, or improvements to a building, structure, site or object listed on the historic resources inventory and contributors list. Such exceptions may include but not be limited to parking, yards, height and coverage regulations. Such exceptions shall not include approval of uses not otherwise allowed by the zoning district regulations.
D. New Construction. In those cases where a property owner desires to modify a designated historic resource in any manner that is not consistent with the restoration of the building to its original condition, all new construction on a designated site shall be subject to all of the development standards of the underlying zoning district and to the procedures set forth herein. (Ord. C-08-11 §8(part), 2011).
14.39.065 Exemptions.
The provisions of this chapter do not apply to the following situations:
A. Repair, Maintenance and Correction of Unsafe Conditions. Nothing in this chapter shall be construed to prevent the normal maintenance or repair of any exterior architectural feature in or on any property covered by this chapter that does not involve a change in design, material or external appearance thereof, nor does this chapter prevent the construction, reconstruction, alteration, restoration, demolition or removal of any such feature when the chief building inspector certifies that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California State Historical Building Code (Title 24, Part 8). However, only such work as is necessary to correct the unsafe or dangerous condition may be performed and only after obtaining any required building permit. In the event any structure or other feature is damaged by fire or other calamity, the chief building inspector may specify, prior to any required review by the community development director, or the planning commission, the amount of repair necessary to correct an unsafe condition. Such determination shall be made in conformance with the provisions of Public Resources Code Section 5028.
1. Prior to the issuance of a building permit for any proposed minor or routine maintenance or reconstruction, the community development director shall determine if the proposed work requires further review by the planning commission in accordance with the provisions of this chapter.
2. In the event the community development director determines the proposed alteration requires review by the planning commission in accordance with the provisions of this chapter, the property owner shall be notified in writing within seven days of that determination and shall be informed of the process to be followed.
B. Alteration Covered by Plan. Any alteration or other work which conforms to an adopted historic resource plan as defined herein that has been approved by the planning commission.
C. Nonhistoric Landscape Elements. Removal, alteration, or maintenance of landscape material at any building or site identified as an historical resource on the historical resource inventory unless the landscape elements are specifically identified as historic elements in an adopted historic resource plan. (Ord. C-2015-04 §1(part), 2015; Ord. C-08-11 §8(part), 2011).
14.39.070 Alteration of any historic resource on the inventory.
Prior to the issuance of a building permit to alter or add to any building or object on the historic resources inventory, the procedures set forth in this section shall be followed.
A. Participation Procedures. In the event the property owner desires to participate in the historic preservation process set forth herein and receive the benefits thereof, the procedures set forth in Section 14.39.075, Historic preservation permit, shall be followed.
B. Nonparticipation Procedures. In the event the property owner does not desire to participate in the historic preservation process set forth herein and desires to alter the building, site, or object in such a manner as to compromise the historic integrity of the building, site, or object, the following shall apply:
1. The building, site, or object shall be photographically recorded to historic American building survey standards; measured drawings at an appropriate scale shall be prepared; and any other recordation appropriate to the significance of the historic resource or landmark deemed necessary and appropriate to the satisfaction of the planning commission shall be submitted.
2. Within thirty days of the submittal of the information required by this section, the planning commission shall determine if the photographic record, measured drawings, or other recordation material required and submitted is adequate to establish a record of the resource.
3. The planning commission shall notify the community development director immediately upon making a determination that the information is adequate.
4. Two copies of all required documentation shall be submitted to the community development director prior to the issuance of any permits. (Ord. C-2015-04 §1(part), 2015; Ord. C-8-11 §8(part), 2011).
14.39.075 Historic preservation permit.
Should the owner of an historic resource on the historic resources inventory desire to have the resource considered for inclusion on the National Register of Historic Places and the State Register of Historic Resources, and desire to restore or alter the building, site, or object in any manner that requires the issuance of a building permit prior to restoration or alteration, the process specified herein for approval of an historic preservation permit shall be followed prior to the issuance of any building permits.
A. Application. Application for an historic preservation permit shall be made on forms provided by the planning department and shall contain whatever detailed information as is required to review the application.
B. Historical Society. The community development director shall forward a copy of the historic preservation permit application and plans to the Spanishtown historical society at least twenty-one days prior to the date the planning commission considers the application. The Spanishtown historical society shall submit any comments or recommendations to the planning department at least seven days prior to the date the planning commission considers the application.
C. Required Review. The planning commission shall review all proposed alterations, additions or modifications to the exterior elevations that would result in a change to the appearance of any building or object on the historic resources inventory, and shall consider the recommendations of the Spanishtown historical society. Following its review, the planning commission shall determine, by resolution, if the proposed alterations and additions are consistent with the provisions of this chapter and forward its recommendation to the city council.
D. Finding of Consistency. Should the city council find that the proposal is consistent with the provisions of this chapter, the city council shall, by resolution, designate the site an historic resource.
E. Support of Incentives. The city council shall support any such tax incentives, mutual covenants, protective covenants, purchase options, preservation easements, building, fire, health and city code modifications and any other methods deemed mutually agreeable between city and landowner which will help preserve historic resources. (Ord. C-2015-04 §1(part), 2015; Ord. C-8-11 §8(part), 2011).
14.39.080 Findings for approval of any alteration to an historic resource.
In reviewing applications for additions to, or exterior alteration of any historic resource, the planning commission shall be guided by the Secretary of the Interior’s “Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings” and any design criteria adopted by ordinance or resolution of the city. An historic preservation permit for alteration of a designated historic resource shall be approved only upon the following findings of fact:
A. The proposed work is consistent with an adopted historic resource plan; or
B. The proposed work is necessary for the maintenance of the historic building, structure, site or object in its historic form, or for restoration to its historic form; or
C. The proposed work is a minor change which does not affect the historic fabric of the building, structure, site or object; or
D. The proposed alteration retains the essential architectural elements which make the resource historically valuable; or
E. The proposed alteration maintains continuity and scale with the materials and design context of the historic resource to the maximum extent feasible; or
F. The proposed alteration, as conditioned, does not significantly and adversely affect the historic, archaeological, architectural, or engineering integrity of the resource; or
G. The planning commission has reviewed the project and any necessary and appropriate conditions of approval have been incorporated into the final project plans. (Ord. C-8-11 §8(part), 2011).
14.39.085 Demolition of any historic resource on the inventory.
Prior to authorizing the issuance of a demolition permit to remove any building or object on the historic resources inventory from a site, the procedures set forth in this section shall be followed:
A. The property owner shall submit evidence from a qualified professional that the building or object is a hazard to public health or safety and repairs or stabilization are not feasible; or
B. The property owner shall submit a written statement indicating that there is no viable economic use of the building or object in its present configuration or condition, and it is not feasible to derive a reasonable economic return from the building or object in its present configuration or condition; and
C. The property owner shall submit a written statement indicating that the building or object has been offered as a donation to a responsible organization such as the Spanishtown historical society for relocation to an appropriate receptor site for preservation. (Ord. C-8-11 §8(part), 2011).
14.39.090 Documentation of historic resource to be demolished.
A. Photographic Record. Prior to the issuance of a demolition permit, the building, site, or object shall be photographically recorded to historic American building survey standards; measured drawings at an appropriate scale shall be prepared; and any other recordation appropriate to the significance of the historic resource or landmark deemed necessary and appropriate to the satisfaction of the planning commission shall be submitted. When the application for the issuance of a demolition permit has been accepted for processing by the city, the applicant shall immediately post public notice at a conspicuous place, easily read by the public and as close as possible to the site of the demolition, that an application for a demolition permit has been submitted to the city. The applicant shall use a standardized form provided by the community development director and the notice shall contain a general description of the demolition. If the applicant fails to post and maintain the completed notice form until the permit becomes effective, the community development director shall refuse to file the application, or shall withdraw the application from filing if it has already been filed when he or she learns of such failure.
B. Establishing a Record. Within thirty days of the submittal of the information required by this section, the planning commission shall determine if the photographic record, measured drawings, or other recordation material required and submitted is adequate to establish a record of the resource.
C. Copies of Documentation. Two copies of all required documentation shall be submitted to the community development director prior to the issuance of any permits. (Ord. C-2015-04 §1(part), 2015; Ord. C-8-11 §8(part), 2011).
14.39.095 Fees.
The fees for review by the community development director, planning commission and city council shall be set annually by resolution of the city council. (Ord. C-2015-04 §1(part), 2015; Ord. C-8-11 §8(part), 2011).