§ 17.58

The purpose of this chapter is to promote the public health, safety, and general welfare by providing for the identification, protection, enhancement, perpetuation, and use of historic resources, such as buildings, structures, sites, and places that reflect special elements of the city's architectural, artistic, cultural, historical, and social heritage. This chapter intends to safeguard the city's historic resources; enhance the city's value as an attractive, historic community; and integrate the preservation of historic resources and information about such resources into the land management and development process.

(Ord. No. 1593, § 3, 10-24-23)

17.58.20 - Area of application.

This chapter shall apply to all historic resources, publicly and privately owned within the corporate limits of the city.

(Ord. No. 1593, § 3, 10-24-23)

As applicable to this chapter, the following words and phrases shall be defined as follows:

Historic resource is a property, structure, site, improvement or natural feature, including any associated landscaping, that has been designated by the historic preservation commission and included on the registry of historic resources.

Ordinary maintenance and repair is routine work that does not, by law, require a permit; involves regular, customary, or usual care of an existing building, structure, or object for the purpose of preserving said property in a safe and sanitary condition; and does not involve a change in design, material, or appearance.

Resource is a property, structure, site, improvement or natural feature, including any associated landscaping.

Substantial alteration is any alteration of any historic resource, or part thereof, which so changes the resource as to remove, alter, destroy, lessen, or detract from its historical value or character, but does not include ordinary maintenance and repair work.

(Ord. No. 1593, § 3, 10-24-23)

A.

For the purposes of this chapter, a resource may be designated a historic resource if, following the process in Section 17.58.50, the city council, upon recommendation from the historic resources commission determines it satisfies any of the following requirements:

1.

The resource is the first, last, only, or most significant historical property of its type in the city.

2.

The resource is associated with an individual person or group having significant influence on the history or development of the city.

3.

The resource is an example or contains an example of a period, style, architectural movement, or construction of historical, aesthetic, or architectural interest.

4.

The resource is a part of, or contributes aesthetically to, the historical heritage of the city.

B.

The city council and the historic resources commission may consider age of a resource when determining whether any of the factors in this section are satisfied. However, age alone is not determinative of a resource's historical significance.

(Ord. No. 1593, § 3, 10-24-23)

17.58.50 - Procedure for identification and designation of historic resource; notice of sale or transfer.

A resource shall be identified, and if owner consent is provided, designated as a historic property by the city council, upon the recommendation of the historic preservation commission in the following manner:

A.

Identification and initiation of designation. The owner of the resource, or a resident of the city, may apply to the historic preservation commission to designate a resource as historic. Applications by owners and residents shall be accompanied by such historical and architectural information as required by applicable forms made available by the community development director or designee to make an informed recommendation, and the application fee in an amount set by resolution of the city council. The historic preservation commission may also identify properties for consideration of designation on its own motion.

B.

Owner consent required. An application, or identification by the commission, for designation shall include written consent of the resource owner. If owner consent is not obtained, the identified resource will not be considered for designation and inclusion in the register of historic resources.

C.

Inventory of identified resources. The commission shall maintain a list of resources identified by the commission, including those for which a designation application has been submitted but owner consent to such designation has not been obtained. The list shall include any relevant public information for the identified resources and shall be made available to the public, except for any information exempt from disclosure under state law, including, without limitation, records of Native American graves, cemeteries, sacred places, features and objects exempt from disclosure pursuant to California Government Code Section 7927.000 and the California Code of Regulations Title 14, Section 15120(d). Inclusion of a resource on the inventory does not trigger any requirements by or restrictions on the owner of the resource under this chapter.

D.

Delay of work pending designation determination. No alteration, demolition, or removal of resources for which the owner's consent to designation has been obtained shall be allowed until the designation determination is made by the commission.

E.

Public hearing. The commission shall schedule a public hearing on all proposed designations for which the owner of the resource has consented. If an application for designation originates from a resource owner or a city resident, the public hearing shall be held within ninety days of the commission's receipt of a complete application.

F.

Notice of hearing. Notice of the date, place, time, and purpose of the public hearing shall be given by first class mail to applicants, owners, and occupants of the resource and to property owners within three hundred feet of the resource at least ten days prior to the date of the public hearing and shall be advertised once in a newspaper of general circulation at least ten days before the public hearing. Additional methods of notice may be provided in any other manner deemed desirable and practicable.

G.

Commission recommendations. After the public hearing, the commission shall make a recommendation in writing to the city council on whether to approve, conditionally approve, or disapprove the application for designation and set forth the reasons for the decision based on the criteria in Section 17.58.40. The commission shall specify which part or parts of the resource it recommends be included in the city's register of historic resources.

H.

City council review. The commission shall notify the city clerk of the commission's recommendation, who shall set the matter for public hearing at a city council meeting. Notice of the public hearing before the city council shall be provided in the same manner as Section 17.58.50.E. After the city council's public hearing on the matter, the city council shall by resolution affirm, modify, or reject the commission's recommendation regarding whether the resource should be designated a historic resource based on the criteria in Section 17.85.40. If the city council designates a resource as a historic resource, the commission shall enter the historic resource in the city's register of historic resources. The register shall contain a description of each resource, the reason(s) for its inclusion in the register, and an inventory detailing those parts or characteristics of the resource which are being classified as historic. Copies of the register shall be available to the public.

I.

Notice of designation. Notice of the designation shall be sent to applicants and owners of the designated resource. Within thirty days of receipt of the notice of designation, the owner shall have recorded in the office of the county recorder that said resource has been designated a historical resource and is subject to all restrictions applicable to such resource under this code. Failure to send any notice to owners whose address is not a matter of public record shall not invalidate any proceedings in connection with a designation and failure of an owner to record the designation shall not affect the application of any provisions of this chapter.

J.

Amendment or rescission. Designation of a historic resource may be rescinded or amended in the same manner and procedure as for designation. A designation may be rescinded if the applicant presents facts clearly demonstrating to the satisfaction of the city council, upon recommendation of the historic preservation commission, that the failure to remove the resource from the register of historic resources would cause immediate and substantial hardship (pursuant to the standards in Section 17.58.80) to the owner of the resource which was not reasonably foreseeable at the time the resource was placed on the register of historic resources.

K.

Notice of transfer. Owner, or their legal representatives, assignees, or heirs shall give written notice to the historic preservation commission of the sale or transfer of ownership of any designated historic resource within ten days of the sale or transfer.

(Ord. No. 1593, § 3, 10-24-23)

17.58.60 - Certificate of appropriateness for demolition, substantial alternation, or removal.

A.

Certificate of appropriateness required. Except as provided in Sections 17.58.80 or 17.58.90, it is unlawful for any person to demolish, remove, substantially alter, or engage in any work on a historic resource without first notifying the community development department of the resource's status as a registered historic resource and without first having applied and been granted a certificate of appropriateness from the city

ss required. Except as provided in Sections 17.58.80 or 17.58.90, it is unlawful for any person to demolish, remove, substantially alter, or engage in any work on a historic resource without first notifying the community development department of the resource's status as a registered historic resource and without first having applied and been granted a certificate of appropriateness from the city

council, upon recommendation of the historic preservation committee for such work pursuant to the provisions of this chapter.

B.

Applications. An owner of a historic resource may request a certificate of appropriateness by filing a written application with the community development department on a form provided by the department and including all required information and payment of applicable fees. The community development director shall refer the application to the commission for review.

C.

Public hearing. The historic preservation commission shall hold a public hearing on an application for a certificate of appropriateness within sixty days of receipt of referral from the community development department. Any interested person or persons shall be allowed to appear in person or by petition at the hearing on the matter. The time limits in this section shall be extended by the community development director when necessary to comply with the provisions of the California Environmental Quality Act (CEQA), with the written consent of the owner, or to allow city staff an additional period of time not exceeding thirty days in which to analyze information submitted to the city at or near the end of the sixty day period in which to act on the application. A public hearing shall be scheduled and notice provided per this article and CEQA where applicable.

D.

Notice of hearing. Notice of the date, place, time, and purpose of the public hearing shall be given by first class mail to applicants, owners, and occupants of the resource and to property owners within three hundred feet of the resource at least ten days prior to the date of the public hearing and shall be advertised once in a daily newspaper of general circulation at least ten days before the public hearing. Notice may also be given in any other manner deemed desirable and practicable.

E.

Commission recommendation. After close of the public hearing, the historic preservation commission shall make a recommendation in writing to the city council regarding the approval, modification, or rejection of the proposed demolition, removal, or substantial alteration of the historic resource pursuant to the standards in Subsection G of this section.

F.

City council review. The historic preservation commission shall notify the city clerk of the commission's recommendations, who shall set the matter for public hearing at a city council meeting. Notice of the public hearing before the city council shall be provided in the same manner as Subsection D of this section. Upon review of the commission's recommendation, the city council may grant, deny, or modify the requested permit pursuant to the standard in Subsection G of this section.

G.

Standards for review. Except as provided in Section 17.58.80, the historic preservation commission shall only recommend approval, and the city council shall only approve, a permit for the destruction, removal, or substantial alteration of a historic resource if the commission or the city council finds the proposed work will neither adversely affect the exterior architectural features of the resource nor adversely affect the character or historical, architectural, or aesthetic interest, character defining elements, or value of the resource. In evaluating applications for demolition, removal, or substantial alteration of a historic resource, the commission and the city council shall consider the following:

1.

Consistency with the architectural style, design, arrangement, texture, materials, color, and character defining elements of the historic resource.

2.

Consistency with the U.S. Department of the Interior National Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings, as may be amended from time to time.

3.

The goals and policies of this chapter.

4.

The goals and policies of the general plan, any applicable specific plan, and the regulations of the city.

(Ord. No. 1593, § 3, 10-24-23)

A.

An owner of a historic resource may apply for a hardship permit for the demolition, removal, or substantial alteration of a historic resource that may adversely affect the exterior architectural features of the resource or adversely affect the character or historical, architectural, or aesthetic interest or value of the resource. Such application shall include facts and information clearly demonstrating a substantial hardship pursuant to Subsection C of this Section and that such substantial hardship was not reasonably foreseeable.

B.

City Council may approve a hardship permit if, upon recommendation of the historic preservation committee, the city council finds:

1.

The failure to receive the permit would cause immediate and substantial hardship to the owner of the resource.

That immediate and substantial hardship was not reasonably foreseeable at the time the resource was placed on the register of historic resources.

C.

For the purposes of this chapter, an immediate and substantial hardship exists when the preservation of the integrity of the historic resource:

1.

Is infeasible from a technical, mechanical, or structural standpoint, and/or

2.

Would leave the resource with no reasonable economic value because it would require an unreasonable expenditure considering current market value, permitted uses of the resource, the value of transferable development rights and the cost of compliance with applicable local, state, and federal codes.

D.

The historic preservation commission and the city council may request the applicant provide material evidence supporting the claim of immediate and substantial hardship.

(Ord. No. 1593, § 3, 10-24-23)

A.

The following do not require review a certificate of appropriateness:

1.

Ordinary maintenance and repair.

2.

Demolition, removal, repair, alteration, or other work the community development director determines is immediately necessary to protect the public health and safety and general welfare. The director shall notify the historic preservation commission in writing within five days of issuing any emergency approval.

3.

Alterations to the interior of any structure, including designated structures.

4.

Landscaping, unless landscaping is specifically designated as part of a historical resource.

Painting of a building.

6.

Demolition, removal, or substantial alteration of a noncommercial property owned by a religiously affiliated association or corporation not organized for profit provided the criteria in Government Code Section 37361(c) are met, including objection by the religiously affiliated association or corporation and demonstration of a substantial hardship.

B.

From time to time the Commission and City Council may add specific guidelines or manuals for reference by Staff and Resource owners.

(Ord. No. 1593, § 3, 10-24-23)

A.

For any action or development covered by this chapter that is undertaken without the issuance of a permit or that is not in full compliance with the terms and conditions of a permit issued pursuant to this chapter, the building official shall order the action stopped by written notice.

B.

It shall be a misdemeanor for any person to carry out any work in violation of such a stop work order or in violation of this chapter.

C.

In addition to other penalties, if a registered historic resource is demolished without a permit required by this chapter, no building permit shall be issued for any use of the site for five years.

(Ord. No. 1593, § 3, 10-24-23)

Chapter 17.60 - DEVELOPMENT AGREEMENTS