Chapter 19.37 — HISTORIC PRESERVATION

The purpose of this chapter is to promote the general welfare by providing for the identification, designation, protection, enhancement, perpetuation, and use of historical resources including improvements, buildings, structures, objects, signs, features, sites, cultural landscapes, places, and areas within the city that reflect special elements of the city's historical, architectural, archaeological, cultural, or aesthetic heritage. It is also the purpose of this chapter: A. To implement the policies and goals of the city’s General Plan related to cultural resources and historic preservation;

B. To identify, protect, and encourage the preservation of significant architectural, historic, prehistoric, and cultural structures and sites, resources, landmarks, and properties within the city;

• C. To establish incentives for property owners to maintain, protect, and rehabilitate historic structures, sites, and other historic objects or features such as rock walls or hitching posts;

• D. To encourage development that preserves and re-uses historic and cultural resources;

• E. To safeguard city-owned historic and cultural resources through public projects;

• F. To provide for consistency with state and federal preservation standards, criteria, and practices; and

• G. To increase the economic benefits of historic preservation to the city, business owners, and residents.

• (Ord. 2410 §18)

A. This chapter applies to properties and landmarks listed on the City of Chico Historic Resources Inventory, properties or landmarks within a landmark overlay zoning district, and properties which are listed or which are eligible for listing on the National Register of Historic Places, California Register of Historical Resources, California Historical Landmarks, or California Points of Historical Interest.

B. Any property to which this chapter applies shall remain subject to all zoning ordinances that would otherwise apply to such property.

(Ord. 2410 §18)

When used in this chapter, the following terms and phrases shall have the meanings set forth below.

A. Alteration. Alteration means any exterior change or modification of a structure, site, or resource on the city’s Historic Resources Inventory or within a landmark overlay zoning district that requires the issuance of a building permit, demolition permit, grading permit, new construction, relocation of a structure onto, off of, or within, a designated property or site, or other changes to the property or site affecting the significant historical or architectural features of the resource. Alterations are divided into either minor or major alterations as follows:

1. Minor alteration. Minor alterations are those which, because of their limited size and scope, have been determined by the Director to involve only minor or negligible impacts to the historic integrity of a resource and may include the following:

• a. Additions to existing structures;

• b. Addition or modification of signs, fences, or walls;

• c. New construction on existing, partially developed parcels;

• d. Replacement-in-kind;

• e. New satellite dish antennas;

• f. Minor grading activities; and

• g. Addition or modification of accessory residential units.

2. Major alteration. A major alteration is a physical change that does not meet the definition of a minor alteration and that has the potential to affect the historic integrity of the resource such that the resource no longer meets one or more of the designation criteria established by section 19.37.040 of this chapter.

B. Architectural feature. Architectural elements embodying style, design, general arrangement, and components of all the outer surfaces of an improvement including, but not limited to, the architectural style, design, arrangement, massing, texture, painted and unpainted surfaces, and materials.

• C. Board. The Architectural Review and Historic Preservation Board.

D. California Historical Building Code (“CHBC”). The most recent version of the California Building Code that regulates alterations to qualified historic structures.

E. California Register of Historical Resources, California Historical Landmarks, and California Points of Historical Interest. Buildings, sites, features, or events that are of local (city or county) significance and have anthropological, cultural, military, political, architectural, economic, scientific or technical, religious, experimental, or other historical value as designated and listed by the State Historical Resources Commission.

F. Certificate of Appropriateness. A certificate issued by the board which approves specified exterior alterations to a property listed on the city’s Historic Resources Inventory.

G. Certificate of Demolition. A certificate issued by the board which authorizes the demolition, removal, or relocation of a designated historical resource listed on the city’s Historic Resources Inventory.

H. Certified Local Government (“CLG”). A local government which has been certified by the National Park

Service to carry out the purposes of the National Historic Preservation Act of 1966. The CLG program is administered by the State of California Office of Historic Preservation.

I. Cultural Landscape. A geographic area (including both cultural and natural resources) associated with an historic event, activity, or person, or exhibiting other cultural or aesthetic qualities.

J. Demolition. Any act or failure to act that destroys, removes, modifies, or relocates, in whole or in part, an historical resource such that its historic character and significance is materially altered.

K. Historic Resource. Improvements, buildings, structures, objects, signs, features, sites, cultural landscapes, places, areas, or other improvements of scientific, aesthetic, educational, cultural, archaeological, architectural, or historical value which are designated as landmarks on the city’s Historic Resources Inventory or located within a landmark overlay zoning district.

L. Historic Resources Inventory. The City of Chico Historic Resources Inventory as adopted by the City Council.

M. Landmark Overlay Zoning District. A defined geographic area with a concentration of historic resources which are related historically or aesthetically by plan or physical development and which can be distinguished from surrounding properties by characteristics such as density, scale, type, age, architectural styles and periods or objects, or by documented differences in patterns of historic development or associations.

N. Integrity. The ability of an historical resource to convey its significance.

O. Landmark. Buildings, structures, objects, signs, features, sites, places, areas, cultural landscapes or other improvements of scientific, aesthetic, educational, cultural, archaeological, architectural, or historical value and designated as such by the City Council.

P. National Register of Historic Places. The nation's official list of buildings, structures, objects, sites, and districts worthy of preservation because of their significance in American history, architecture, archeology, engineering, and culture.

Q. Object. Constructed features or elements that are distinguished from buildings and structures as being artistic, simply constructed, utilitarian in nature, or relatively small in scale. Although they may be movable, objects are associated with a specific setting or environment. Examples of historic objects in the City of Chico would include hitching posts and rock walls.

R. Ordinary maintenance and repair. Any work for which a building permit is not required, where the purpose and effect is to prevent or correct any deterioration or damage to the exterior of any structure or property.

S. Period of Significance. The length of time that a property was associated with important events, activities, or persons, or attained the characteristics that qualify it for designation.

• T. Relocation. The removal of an historical resource from its original site to a new site.

U. Secretary of the Interior's Standards for the Treatment of Historic Properties. Guidelines and standards for preserving, rehabilitating, restoring and reconstructing historic buildings, as established by the National Park Service and the Secretary of the Interior that guide treatment of historic properties (36 CFR Part 68).

V. State of California Department of Parks and Recreation Survey Forms. The current official State of California forms that contain information about an historical resource and utilized as the basis of information for the City of Chico Historic Resources Inventory.

(Ord. 2410 §18, Ord. 2511, §11)

A. Landmark and Landmark Overlay Zoning District Significance Criteria. Upon the recommendation of the board and approval of the City Council, an historic resource may be designated a landmark, or a definable geographic area may be designated a landmark overlay zoning district, if the resource or area meets any of the following criteria and retains a high level of historic integrity.

1. The resource or area is associated with events that have made a significant contribution to the broad patterns in the history of Chico, the State of California, or the nation;

2. The resource or area is associated with individuals who were significant in the history of Chico, the State of California, or the nation;

3. The resource or area embodies the distinctive characteristics of a type, period, architectural style or method of construction, represents the work of a master designer, or possesses high artistic values.

B. Additional Factors to be Considered in Landmark Designation. In determining whether to designate a resource a landmark, the following additional factors may be considered, if applicable:

1. A resource moved from its original location may be designated a landmark if it is significant primarily for its architectural value, or if it is one of the most important surviving structures associated with an important person or historic event.

2. A birthplace or grave may be designated a landmark if it is that of an historical figure of outstanding importance in the history of Chico, the state, or the nation.

3. A cemetery may be designated a landmark if it represents a group of persons or an era that collectively is significant in the broad patterns in the history of Chico, the State of California, or the nation.

4. A reconstructed building may be designated a landmark if the reconstruction is historically accurate based on sound historical documentation, is executed in a suitable environment, and if no other original structure that has the same historical association exists.

5. A resource achieving significance within the past fifty years may be designated a landmark if the resource is of exceptional importance within the history of Chico, the state or the nation.

C. Additional Factors to be Considered in Designating a Landmark Overlay Zoning District. In deciding whether to apply the landmark overlay zoning district to a geographic area, the following additional factors may be considered, if

applicable:

1. To be designated a landmark overlay zoning district, the contributing properties must retain historic integrity and the collective value of the district contributors may be greater than the individual resources within the landmark district.

2. A landmark overlay zoning district should exhibit a recognizable style or era of design, an association of design integrity, setting, materials, and workmanship. (Ord. 2410 §18)

Historical resources may be listed on the City of Chico Historic Resources Inventory by the City Council upon the recommendation of the board. Consideration of resources for listing may be initiated in the following manners:

A. Initiation of Landmark Designations. Designation of landmarks may be initiated by the City Council, the board, or the owner of the property that is proposed for designation. All landmark designations shall be initiated by the submittal of an application to the Director and shall include the following:

1. Adequate historical and architectural information, including a statement of consistency with the significance criteria listed in section 19.37.040, such that the board can render an informed recommendation concerning the application;

2. The most recent version of the appropriate State of California Department of Parks and Recreation survey form completed according to the instructions of the State Historic Preservation Office for recording historical resources;

3. Current and historical photographs, if available, of the resource; and

4. The address and assessor’s parcel number of the property.

B. Initiation of Landmark Overlay Zoning Districts. Designation of landmark overlay zoning districts may be initiated by the City Council, the board, or by a property owner within the boundaries of the district proposed for designation. All landmark overlay zoning district designations shall be initiated by the submittal of an application to the Director and shall include the following:

1. Adequate historical and architectural information, including a statement of consistency with the significance criteria listed in section 19.37.040, such that the Director can render an informed recommendation concerning the application;

2. The most recent version of the appropriate State of California Department of Parks and Recreation survey form completed according to the instructions of the State Historic Preservation Office for recording historic resource;

3. Current and historical photographs, if available, of the resources within the proposed district;

4. A list of addresses and assessor parcel numbers of potential contributor properties and non-contributor properties; and

5. A map identifying potential contributor properties and non-contributor properties and the boundaries of the proposed landmark overlay zoning district.

• C. Designation Initiated by Proposed Demolition or Major Alteration.

1. Upon receipt of an application for a demolition or building permit for the major alteration of a building, structure, or object located within a landmark overlay zoning district, the Building Official shall refer the application to the Director for a preliminary determination of the building’s, structure’s, or object’s eligibility to be designated a landmark and listed on the City’s Historic Resources Inventory.

an application for a demolition or building permit for the major alteration of a building, structure, or object located within a landmark overlay zoning district, the Building Official shall refer the application to the Director for a preliminary determination of the building’s, structure’s, or object’s eligibility to be designated a landmark and listed on the City’s Historic Resources Inventory.

2. Should the Director determine that the resource substantially meets at least one of the eligibility criteria specified in section 19.37.040, then the Director shall forward a recommendation to the board whether to designate the affected resource as a landmark on the City’s Historic Resources Inventory and whether to approve or deny the proposed demolition or major alteration pursuant to the findings in section 19.37.100.

(Ord. 2410 §18)

A. Upon receipt of a complete application from a property owner for a landmark designation or designation of a landmark overlay zoning district, or upon initiation of a landmark designation or designation of a landmark overlay zoning district by the board or City Council, or upon referral of an application for a demolition or building permit for the major alteration of a building, structure, or object located within a landmark overlay zoning district from the Building Official to the Director, the Director shall set the matter, together with recommendations, for a public hearing before the board.

B. Board Recommendation on Landmark Designations. At the conclusion of the public hearing, the board shall make a written recommendation to the City Council whether to approve, approve in modified form, or deny the proposed landmark designation based upon the landmark significance criteria required by section 19.37.040 and, if applicable, whether to approve or deny the proposed demolition or major alteration pursuant to the findings in section 19.37.100.

C. Board Recommendation on Landmark Overlay Zoning Districts. At the conclusion of the public hearing, the board shall make a written recommendation to the City Council whether to approve, approve in modified form, or deny the proposed landmark overlay zoning district based upon the findings required by Chapter 19.06 and whether the resource meets the significance criteria for a landmark overlay zoning district required by section 19.37.040. D. Proposed landmark designations and designations of landmark overlay zoning districts associated with projects which also require the issuance of a discretionary permit by the Commission or Council shall be reviewed by the board for a recommendation to the Commission or Council whether to approve or deny the proposed designation.

E. Upon receipt of the board's recommendation to the City Council regarding landmark designations and designations of landmark overlay zoning districts, the City Clerk shall set the matter for a public hearing before the City Council.

F. City Council Decision on Landmark Designations and Landmark Overlay Zoning Districts. At the conclusion of the public hearing, the City Council may adopt, modify, or reject the recommendations of the board. The significant features and characteristics of the nominated property or landmark overlay zoning district identified by the board, or the grounds for recommended approval or denial of a proposed demolition or major alteration, shall not be considered binding on the City Council, and nothing shall prevent or preclude the City Council from identifying different, additional or fewer significant features and characteristics of a landmark designation or modified boundaries of a landmark overlay zoning district, or different or additional grounds for approval or denial of a proposed demolition or major alteration. Adoption of any listing on, or deletion from, the Historic Resources Inventory, or the approval or denial of a proposed demolition or major alteration, shall be made by resolution containing findings of fact based upon the significance criteria established by section 19.37.040 and, if applicable, the findings in section 19.37.100. (Ord. 2410 §18)

Properties listed on the National Register of Historic Places or the California Register of Historical Resources shall be subject to the protections and requirements of this chapter and are hereby listed on the Historic Resources Inventory subject to City Council approval.

(Ord. 2410 §18)

19.37.080 Amendment or removal from the Historic Resources Inventory.

Amendments or removal of landmarks from the Historic Resources Inventory may be initiated by the property owner, Council, or board. All amendments or removal of landmarks from the Historic Resources Inventory shall be initiated by the submittal of an application to the Director and shall include supporting evidence that a resource no longer meets the significance criteria listed in section 19.37.040. Upon a recommendation from the board, the City Council may amend or remove historic resources listed on the Historic Resources Inventory by finding that a resource no longer meets the significance criteria listed in section 19.37.040.

(Ord. 2410 §18)

While the board’s recommendation regarding whether a property should be designated as a landmark is pending, or the City Council's decision regarding a designation is pending, a stay of work shall exist. During the stay of work, any work that would require a certificate of appropriateness or a certificate of demolition shall not be performed. The stay shall terminate upon the decision of the Council to approve in whole, in part, or deny in its entirety the proposed designation. The stay of work shall not exceed 180 calendar days from the date of commencement of the stay of work. (Ord. 2410 §18)

A. No building or demolition permits for a major alteration shall be issued for any property listed on the Historic Resources Inventory without a certificate of appropriateness or a certificate of demolition approved by the board.

B. Filing of Application. Applications for a certificate of appropriateness or certificate of demolition for work to be performed on property listed on the Historic Resources Inventory shall be filed with the department. Applications shall include all necessary materials and information required by the application form as necessary to illustrate the existing property conditions and the proposed exterior alterations. Where required by the board or the Director, applications shall also illustrate or document the architectural character of surrounding structures in the neighborhood.

C. Findings. The following findings are required prior to approval of a certificate of appropriateness or certificate of demolition:

1. The proposed alterations or relocations do not detrimentally alter, destroy, or adversely affect the resource and, where applicable, are compatible with the architectural style of the existing surrounding structures;

2. The proposed alterations or relocations retain the essential elements that make the structure, site, or feature significant;

3. Any new construction conforms with any applicable design guidelines and, if the property is within a landmark overlay zoning district, does not adversely affect the character of the district or designated landmarks or historic sites within the historic overlay zoning district;

4. Any new construction is compatible with existing surroundings including the appropriateness of materials, scale, size, height, and placement;

5. Any demolition or removal is necessary because the structure or site is hazardous and repairs or stabilization are not physically or economically feasible; and

6. The site is required for a public use that will be a greater public benefit than the resource and there is no feasible alternative location for the public use.

D. Certificates of appropriateness and certificates of demolition for projects which also require the issuance of a discretionary permit by the Commission or Council shall be reviewed by the board for a recommendation to the Commission or Council whether to approve or deny the certificate of appropriateness or certificate of demolition. (Ord. 2410 §18)

If an applicant presents evidence to the board that denial of an application for a certificate of appropriateness or certificate of demolition will cause an economic hardship because of conditions peculiar to the particular structure or other feature involved, the board may approve or conditionally approve such application waiving the requirements of this chapter. A determination of economic hardship may be made only if the board finds that:

1. Denial of the application will diminish the value of the subject property so as to leave substantially no value; or

2. Sale or rental of the property is impractical, when compared to the cost of holding such property for uses permitted in the zoning district; or

3. Utilization of the property for lawful purposes is prohibited or impractical; or

4. Rental at a reasonable rate of return is not economically feasible.

• (Ord. 2410 §18)

A. Nothing in this chapter shall be construed to prevent the ordinary maintenance and repair of any exterior feature of a designated landmark or of a building, structure or object located on property located within a landmark overlay zoning district if the maintenance and repair does not involve a change in the exterior character-defining features of the historic resource, including the following activities which shall not require a certificate of appropriateness or certificate of demolition:

1. Repainting of surfaces that were originally painted and the color scheme is not a significant character-defining feature of the historic resource;

2. Routine cleaning and maintenance;

3. Window replacement, door replacement, and re-roofing with design elements that are consistent with the architectural style and era of the listed resource;

4. Landscape removal, replacement and enhancement, except as required by Chapters 16.66, 19.68 or 19.70;

5. New construction of accessory buildings or additional development as permitted by the primary zoning district, applicable development standards, or as part of an historic preservation incentive;

6. Dry rot repair of any exterior features with replacement materials that are compatible with the architectural style and era of the listed resource;

7. The addition, repair, or modification of exterior utility equipment including heating, venting and air conditioning units, evaporative coolers, electrical or gas meters, and hot water heater cabinets;

8. Swimming pools or driveways that do not substantially alter or diminish the resource's character-defining features or integrity;

9. Solar power equipment that does not substantially alter or diminish the resource's character-defining features or integrity, or which is located out of general public view; and

10. Minor alterations as defined by this chapter.

• B. Unsafe or Dangerous Conditions. Any construction, reconstruction, alteration or removal of any feature

determined by the Building Official to be necessary to protect public health or safety because of unsafe or dangerous conditions is exempt from the requirements of this chapter.

C. Secretary of the Interior's Standards - Exemption. Alterations or maintenance activities that are consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties are exempt from the requirements of this chapter.

• (Ord. 2410 §18, Ord. 2440 §21)

Relocating a designated landmark within the City may be an acceptable alternative to demolition if the board approves a certificate of demolition and finds that the relocation does not affect the resource’s consistency with the significance criteria required by section 19.37.040. In approving any such relocation, the board shall also find that:

1. The resource will retain its historic character-defining features;

2. The relocation complies with the Secretary of the Interior's Standards;

3. The new location is within the City, is comparable in public visibility; orientation, setting, and general environment; and

4. The receiving parcel is appropriately zoned and sized for the resource.

• (Ord. 2410 §18)

The following incentives shall be available to owners of property listed on the Historic Resources Inventory to support the continued maintenance, rehabilitation, minor alteration, or further development of the property. The designation of a property on the Historic Resources Inventory shall not preclude redevelopment or further development of the property consistent with the requirements of this chapter.

A. Modification of Development Standards. Upon receipt of an application, and when doing so to advance the purposes of this chapter, the Director may approve modifications from requirements for:

1. Setbacks;

2. Open space;

3. Parking;

4. Site coverage;

5. Height; and

6. Minimum residential density.

• B. Findings for Modification of Development Standards. The Director may approve an application to modify the development standards listed above if the Director finds that the modifications would not result in:

1. A loss of the aesthetic, architectural, or historic integrity of the resource;

2. New structures or development, or changes to existing structures, that are incompatible with other structures in the neighborhood;

3. New structures or development, or changes to existing structures, that are inconsistent with the General Plan, or any applicable neighborhood or specific plan;

4. New structures or development, or changes to existing structures, that are detrimental to the health, safety, and general welfare of persons residing in the neighborhood; and

5. New structures or development, or changes to existing structures, that are detrimental or injurious to property and improvements in the neighborhood.

C. Facade Improvement Program. The City of Chico sponsors a low-interest loan program designed to use both public and private funds to rehabilitate, upgrade, and generally improve the appearance of commercial building facades within the City of Chico, including historic properties listed on the City of Chico Historic Resources Inventory.

D. The California Historic Building Code may be applied to projects involving properties listed on the Historic Resources Inventory or located within a landmark overlay zoning district as determined by the Building Official.

E. Historical Property Preservation Agreements (Mills Act Agreements). California Government Code section 50280, et seq., authorizes cities to enter into agreements with the owners of qualified historical property to provide for

the use, maintenance and restoration of such property to ensure the retention of the property’s characteristics as property of historical significance. In the City of Chico, this voluntary process allows owners of property listed on the Historic Resources Inventory to enter into Historical Property Preservation Agreements with the City of Chico to provide property tax relief as an incentive for historic property preservation.

ration of such property to ensure the retention of the property’s characteristics as property of historical significance. In the City of Chico, this voluntary process allows owners of property listed on the Historic Resources Inventory to enter into Historical Property Preservation Agreements with the City of Chico to provide property tax relief as an incentive for historic property preservation.

F. Federal Rehabilitation Tax Credits. Federal rehabilitation tax credits are administered through the California State Office of Historic Preservation and reward private investment in the rehabilitation of historic properties that are individually listed on the National Register, that contribute to a National Register Historic District, or are within certain registered local historic districts. Properties must be income-producing and must be rehabilitated according to standards set by the Secretary of the Interior.

(Ord. 2410 §18, Ord. 2494 §16)

The owner, lessee, or any other person in possession or control of a designated historical landmark shall prevent:

A. The deterioration or decay of any exterior portion of the historical resource; and

B. The deterioration or decay of any interior portions of an historical resource if such maintenance is necessary to preserve any exterior portion of the historical resource.

“Deterioration or decay" refers to those conditions of the structure or improvement that threaten the structural or historical integrity of the resource or improvement.

(Ord. 2410 §18)