Fontana Municipal Code Art. XIII Preservation of Historic Resources

Footnotes:

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Cross reference— Preservation of heritage and significant trees, § 28-61 et seq.; zoning, ch. 30.

This article is adopted to implement the goals and policies of the general plan, which recognize the presence of archeological sites and buildings that have historic importance for the city. The city council finds and declares that historic, archeological and cultural resources symbolize the city and its people, reveal how the city's character was shaped, and instill pride in the community. The creation and functions of the planning commission and the identification, preservation and protection of historic, archeological and cultural resources within the city shall be governed by the provisions of this article.

(Ord. No. 1001, § 1(8-68), 1-2-91; Ord. No. 1244, § 3, 5-5-98)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alteration means any change or modification, through public or private action, to the character-defining or significant physical features of properties affected by this article. Such changes may be changed to or modification of the structure, architectural details or visual characteristics, grading, surface paving, the addition of new structures, cutting or removal of trees, landscaping or other natural features, disturbance of archeological sites or areas, or the placement or removal of any significant objects such as walls, fences and steps affecting the significant visual or historical quality of the property.

Certificate of appropriateness means a certificate issued by the city council approving plans, specifications, statements of work and any other information reasonably required by the city council to make a decision on any proposed alteration, restoration, rehabilitation, construction, removal, relocation or demolition, in whole or in part, of or to an historical resource or an improvement or natural feature in an historic overlay district.

Certificate of economic hardship means a certificate authorizing work described in the accompanying certificate of appropriateness granted by the city council because of extreme privation or adversity and in accordance with the procedures and findings of this article.

Commission means the planning commission of the city.

Demolition means any act or process that destroys in part or in whole an historical resource or an improvement or natural feature in an historic overlay district.

Designated historical resource means any improvement or natural feature that has special architectural character, interest or value as part of the development, heritage or history of the city, the state or the nation and that has been nominated and designated pursuant to this article or nominated to the National Register of Historic Places. The designation shall specify the significant exterior and interior architectural elements and natural features which are expressly found by the commission to meet one or more of the criteria in section 5-356. Such a resource may include any building, structure, area, district, street, site, tree, plant life, geological element, sign, feature, scenic area, view, vista or other object.

Historic overlay district means any area containing one or more improvements or natural features that have special historical, archeological, cultural, aesthetic or architectural character, interest or value and which possess integrity of location, design, setting, materials, workmanship, feeling and association, or which represent one or more architectural periods or periods or styles typical to the history of the city.

Improvement means any building, structure, place, fence, gate, landscaping, tree, wall, parking facility, work of art or other object constituting a whole or any part of a physical feature of real property.

Natural feature means any tree, plant life or geographical or geological site or feature subject to the provisions of this article.

Object means a material thing of historic, functional, aesthetic, cultural, symbolic or scientific value.

Ordinary maintenance and repair means any work, for which a building permit is not required by law, where the purpose and effect of such work is to correct any deterioration of or damage to a structure or any part thereof and to restore the structure to its condition prior to the occurrence of such deterioration or damage.

Preservation means the identification, study, protection, restoration, rehabilitation, reconstruction, stabilization or acquisition of historical resources.

(Ord. No. 1001, § 1(8-69), 1-2-91; Ord. No. 1130, §§ 1—3, 10-4-94; Ord. No. 1244, § 3, 5-5-98)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a) Authority.

(1) The commission shall act solely in an advisory capacity to the city council in matters affecting the establishment of historic overlay districts, designations of historical resources, and relations among city residents, owners of property within historic overlay districts and the city council.

(2) The commission shall recommend to the city council the approval or denial of certificates of appropriateness and certificates of economic hardship.

(b) Duties. The commission shall:

(1) Act as a liaison among city residents, owners of historical resources, owners of property within historical overlay districts and the city council;

(2) Recommend to the city council, in accordance with the criteria set forth in this article, the designation of historical resources and historic overlay districts;

(3) Recommend to the city council the approval, conditional approval or denial of applications for certificates of appropriateness for proposed or designated historical resources or historic overlay districts, pursuant to the provisions of this article;

(4) Review documents and report to the city council regarding proposed changes to the general plan, zoning and maps, municipal improvements, developments agreements, environmental impact reports and statements, and specific housing and redevelopment plans that relate to the protection, maintenance or enhancement of proposed or designated historical resources or historic overlay districts; and

(5) Consider, in accordance with the provisions of this article, requests for certificates of economic hardship.

(Ord. No. 1244, § 3, 5-5-98)

Editor's note— Ord. No. 1244, § 3, adopted May, 5, 1998, repealed § 5-353 which pertained to the creation of a historic preservation committee.

(a) Violation generally. Any person who violates a requirement of this article or who fails to obey an order issued under this article shall be guilty of a misdemeanor, and upon conviction thereof may be punished as provided in section 1-7. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

(b) Civil penalties. Any person who violates any provision of this article shall be required to restore any improvement, object, site or structure to its appearance or setting prior to the violation. Any action to enforce this provision may be brought by the city or any other interested party. The civil remedies shall be in addition to, and not in lieu of, any criminal prosecution and penalty and any other remedy provided by law.

(c) Building limitation. No building- or construction-related permits shall be issued for a period of five years from the date of demolition or alteration for a property on which demolition or alteration has been done in violation of this article.

(d) Injunction. In appropriate cases, the city may maintain an action for injunctive relief.

(Ord. No. 1001, § 1(8-82), 1-2-91; Ord. No. 1244, § 3, 5-5-98)

The city council, upon recommendation of the commission, may designate any improvement, natural feature or site as an historical resource and any area within the city as an historic overlay district if it meets the criteria for listing on the National Register of Historic Places or the following:

(1) It has a special historical, archeological, cultural, architectural, community or aesthetic value;

(2) It is identified with persons, a business use or events significant in local, state or national history;

(3) It 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;

(4) It has a unique location or singular physical characteristic that represents an established and familiar visible feature of a neighborhood or community or the city;

(5) Its integrity as a natural environment or feature strongly contributes to the well-being of residents or a neighborhood of the city; or

(6) It is a geographically definable area possessing a concentration of sites, buildings, structures or objects that are unified by past events or are unified aesthetically by plan or physical development.

(Ord. No. 1001, § 1(8-72), 1-2-91; Ord. No. 1244, § 3, 5-5-98)

The city council may designate historical resources and historical overlay districts in the following manner:

(1) Application. Any person may request the designation of an historical resource or an historic overlay district by submitting a request for such designation at the public counter. Such request shall be forwarded to the commission. The city council may also initiate designation proceedings on its own motion. The historic preservation commission may also initiate designation proceedings on its own motion during its first meeting of each calendar year. Request for designation of an historical resource or overlay district shall contain sufficient documentation and information to indicate how the proposed historical resource or historic overlay district meets the designation criteria set forth in this article. Notification of the request shall, within 30 days of receipt of the request, be sent to the owners and occupants of the subject property, using the names and addresses of such owners as shown on the latest equalized assessment rolls.

(2) Review of request. The commission shall conduct a study of the proposed designation by verifying the accuracy of the information supplied with the request, reviewing other documentation, visiting the site, or taking such other actions as it deems appropriate. If the commission determines that the request merits consideration, it shall schedule a public hearing. Notice of the commission's decision to schedule or not schedule a public hearing shall be mailed to the person making the request for designation.

(3) Public hearing. If the commission decides to schedule a public hearing, notice of the date, place, time and purpose of the hearing shall be given by first class mail to the person requesting designation and the owners and occupants of the subject property at least ten days prior to the date of the public hearing, using the names and addresses of such owners as shown on the latest equalized assessment rolls. The hearing shall also be advertised once in a newspaper of local circulation.

(4) Restriction on issuance of permits. No permits for building, alteration, demolition or removal of any improvement, building or structure of a proposed historical resource or historic overlay district shall be issued while the public hearing or any related appeal is pending.

(5) Commission recommendation. At the conclusion of the public hearing, but in no event more than 30 days from the date set for the initial public hearing, the commission shall recommend, in writing, approval or disapproval, in whole or in part, of the request for designation. The commission's recommendation shall include findings of fact relating to the criteria for designation set forth in this article. In the case of a proposed historical resource, the commission's recommendation shall be transmitted directly to the city council. In the case of a proposed historic overlay district, the recommendation of the commission shall follow the city development code zoning procedures regarding the establishment of an historic overlay district in its recommendation to the city council. The recommendation shall also be sent to the person requesting designation and the owners and occupants of the subject property.

(6) Council decision. Within 30 days from the date of receipt of the recommendation from the commission, the city council shall by ordinance approve or disapprove, in whole or in part, the request for designation. As soon thereafter as reasonably practical, the community development department shall send by first class mail a copy of the ordinance to the owners and occupants of the subject property, using the names and addresses of such owners as shown on the latest equalized assessment rolls.

(7) Failure to notify. Failure to send any notice by mail to any property owner where the address of such owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed designation.

(8) Removal of designation. The commission shall not recommend that a resource or district be removed from the local register of all properties designated as historical resources or historic overlay districts unless it is discovered that the city council in making the original designation was erroneous or false or that circumstances wholly beyond the owner's control have rendered the resource ineligible for designation based on the criteria set forth in this article and that it would be feasible to restore the resource.

(9) Recording. Designations must be recorded with the county recorder's office.

(Ord. No. 1001, § 1(8-73), 1-2-91; Ord. No. 1111, § 4, 5-3-94; Ord. No. 1244, § 3, 5-5-98)

Any alteration, restoration, rehabilitation, remodeling, construction, addition, change of use, demolition, relocation or removal of any designated or proposed historical resource or any improvement or object in a designated or proposed historical overlay district shall require a certificate of appropriateness from the city council. Where a permit is required for the proposed project, such permits shall not [be] issued unless and until a certificate of appropriateness has been approved by the city council. A certificate of appropriateness shall not be required for the following:

(1) Ordinary maintenance or repairs that do not involve a change in design, exterior material or original appearance of an historical resource or an improvement or object in an historical overlay district; or

(2) Any construction, reconstruction, alteration, restoration, demolition or removal of any architectural feature when the city building official certifies to the city council that such action is necessary to protect the public health or safety due to an unsafe or dangerous condition which cannot be rectified through the use of the state historic building code and when such architectural feature can be replaced according to the secretary of the interior's standards.

(Ord. No. 1001, § 1(8-74), 1-2-91; Ord. No. 1130, § 6, 10-4-94; Ord. No. 1244, § 3, 5-5-98)

The city council may approve applications for certificates of appropriateness in the following manner:

(1) Application. Any person may request a certificate of appropriateness by submitting an application for such at the public counter. Such request shall be forwarded to the commission. The application shall contain detailed information, plans, drawings, agreements, photographs, reports of the relationship of the proposed work to the surrounding neighborhood, and such other documents as are requested by the commission. Where the proposed project requires other discretionary approvals, such as a tentative tract map, the application shall include information related thereto. The planning division shall notify the commission of any application for a permit to work on a designated or proposed historical resource or any improvement or object within a designated or proposed historic overlay district. Where a permit is not required for proposed project, the person responsible for the project shall apply directly for a certificate of appropriateness.

(2) Review of application. In reviewing an application for certificate of appropriateness, the commission shall do one or more of the following, as it deems appropriate:

a. Verify the accuracy of the information in the application.

b. Perform an on-site examination of the subject property.

c. Consult with and receive the advice and recommendation of the community development director, planning manager or building and safety manager.

d. Otherwise investigate the application.

(3) Public hearing. The commission shall schedule a public hearing on the application no more than 60 days from the date of the application is complete. Notice of the hearing shall be given by first class mail to the applicant and all owners and occupants of property located within 660 feet of the subject property, using names and addresses of such owners as shown on the latest equalized assessment roll. Notices shall be mailed no less than ten days prior to the hearing. If the applicant is not the owner of the property, notice shall be given to the owner (as shown in the last equalized assessment rolls) in addition to all other notices required by this subsection.

(4) Commission recommendations. At the conclusion of the public hearing, but in no event more than 30 days from the date set forth the initial public hearing, the commission shall recommend, in writing, approval or disapproval, in whole or in part, of the application for certificate of appropriateness. The commission's recommendation shall include findings of fact relating to the criteria for approval set forth in this article. The commissions' recommendation shall be transmitted directly to the city council. The failure of the commission to report within 30 days from the date set for the initial public hearing shall be deemed a recommendation for approval.

(5) Council decisions. Within 30 days from the date of receipt of the recommendation from the commission, the city council shall hold a public hearing to consider the commissions' recommendation regarding the certificate of appropriateness. Notice of the city council public hearing shall be given in the same manner as notice of the public hearing before the commission, set forth in subsection (3) above. At the conclusion of the public hearing, the city council shall, by resolution, approve or disapprove, in whole or in part, the application for the certificate of appropriateness.

(6) Failure to notify. Failure to send any notice by mail to any property owner where the address of such owner is not a matter of public record shall not invalidate any proceedings in connection with the certificate of appropriateness.

(7) Expiration. A certificate of appropriateness shall become void two years after the date in which the certificate was approved, unless the conditions of the approval specify a lesser or greater time, or unless, prior to such expiration date, a building permit is issued by the building official and construction is commenced and diligently pursued. A certificate of appropriateness may be renewed, or a denied application for a certificate of appropriateness may be resubmitted, no earlier than one year after the expiration of an issued certificate or denial of an application for such certificate.

(8) Revocation. A certificate of appropriateness granted in accordance with the terms of this article may be revoked by the city council if any of the conditions or terms of such certificate are violated or upon violation of any applicable provisions of this article.

(Ord. No. 1001, § 1(8-75), 1-2-91; Ord. No. 1111, § 5, 5-3-94; Ord. No. 1130, § 7, 10-4-94; Ord. No. 1244, § 3, 5-5-98)

A certificate of appropriateness for alteration, construction, demolition, removal or relocation or change of use of designated historical resources or improvements or objects within an historic overlay district shall not be approved unless the city council finds that one or more of the following conditions exist:

(1) Alteration.

a. The proposed work will not destroy or adversely affect the resource or object and, in the case of a structure, is compatible with the architectural style or the existing structures and surrounding neighborhood.

b. The proposed alteration will retain the essential elements which make the resource or feature historically, archaeologically or culturally significant.

(2) Construction.

a. The proposed work conforms with the provisions of this Code, state and federal law and any design standards which may be established by the commission or city council.

b. The proposed work does not adversely affect the character of the historical resource or the historic overlay district.

c. The proposed work is harmonious with and architecturally similar to existing structures and the surrounding neighborhood. The extent of harmony shall be evaluated in terms of appropriateness of materials, scale, size, height, placement and use of the new building or structure in relationship to existing structures and the surrounding neighborhood.

(3) Demolition, removal or relocation.

a. The resource, improvement or object is a hazard to public health or safety and stabilization or repairs are not reasonably possible.

b. The site is required for a public use which will be of greater benefit to the public than the historical resource, and there is no reasonably feasible alternative location for the public use.

c. It is not reasonably feasible to preserve the resource, improvement or object, taking into consideration the economic feasibility and other factors related to the alternatives to the proposal.

d. The proposed replacement structure does not detract from the surrounding neighborhood.

(4) Change of use.

a. The change of use is required for an adaptive reuse of the resource and is compatible with the surrounding neighborhood.

b. The adaptive reuse of the resource will result in substantial restoration of the significant features, facade or structure of the resource in conformance with this article and the Secretary of the Interior's standards for preservation projects.

c. The change of use will not impair the historic, archeological, cultural, architectural, aesthetic or natural integrity of the resource.

d. The change of use will occupy not more than the original square footage of the resource. In the case of a single structure that contains more than five residential units, one unit must be retained in whole as a residential unit.

e. The applicant has made reasonable efforts to secure the facade or other features of the resource in perpetuity.

f. The change of use is to a use that is permitted by the zoning ordinances or such other use that is not so permitted but that supports the purpose of the historical resource or the historic overlay district, provided that a conditional use permit is obtained prior to a change of use to such a nonlisted use.

(Ord. No. 1001, § 1(8-76), 1-2-91; Ord. No. 1130, § 8, 10-4-94; Ord. No. 1244, § 3, 5-5-98)

The city council may, with or without recommendation of the commission, adopt by resolution design criteria and development standards for historical resources or historic overlay districts as are necessary to supplement the provisions of this article as a guide to evaluate applications for certificates of appropriateness. Such criteria shall comply with state and federal requirements, and may include but shall not be limited to the following:

(1) Acceptable materials for preservation or new construction, such as stucco, masonry, metal and glass curtain.

(2) Appropriate architectural character, scale and detail for preservation or new construction.

(3) Acceptable appurtenances to new and existing structures, such as gables, parapets, balconies and dormers.

(4) Acceptable textures and ornamentation, such as paint colors and types; use of wood, stone, metal, plaster, plastics and other fabricated materials; use of shutters or wrought or cast iron; finishes of metal; colors of glass; and other details of architectural ornamentation.

(5) Acceptable accessories on new or existing structures, such as light fixtures, gas lights, canopies, exterior carpentry, tile, wood, signs, banners, flags and projections.

(Ord. No. 1001, § 1(8-77), 1-2-91; Ord. No. 1244, § 3, 5-5-98)

All work on an historical resource or on any improvement or object in an historical overlay district shall be performed in accordance with the certificate of appropriateness, the Secretary of the Interior's standards for rehabilitating historic buildings and standards for historic preservation projects and the state Historic Building Code. The planning manager or his/her designee shall, from time to time, inspect the work in order to ensure compliance. If the work is not in compliance with such certificate, standards or code, a stop work order shall be issued and all work shall cease.

(Ord. No. 1001, § 1(8-78), 1-2-91; Ord. No. 1244, § 3, 5-5-98)

The owner, occupant or other person in actual charge of an historical resource or an improvement or object in an historic overlay district shall keep in good repair all of the exterior portions of such resource, improvement or object and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature.

(Ord. No. 1001, § 1(8-79), 1-2-91; Ord. No. 1244, § 3, 5-5-98)

Preservation easements on the facade of historical resources or improvements or objects in an historic overlay district may be acquired by the city or an authorized nonprofit group through purchase, donation or condemnation pursuant to Civil Code § 815 et seq.

(Ord. No. 1001, § 1(8-80), 1-2-91; Ord. No. 1244, § 3, 5-5-98)

(a) Application. Where a certificate of appropriateness has been denied under this article, the owner of the subject property may apply for a certificate of economic hardship. Application for a certificate of economic hardship shall be made on a form authorized by the commission. The commission shall schedule a public hearing concerning the application and provide notice in the same manner as provided in section 5-359(3). Any person may testify at the hearing concerning economic hardship in the same manner as provided in other public hearings in the city.

(b) Information required. The commission may require the applicant to furnish material evidence supporting his request for a certificate of economic hardship, including any or all of the following:

(1) Cost estimates of the proposed construction, alteration, demolition or removal and an estimate of the additional costs that would be incurred for compliance with the recommendation of the commission for issuance of a certificate of appropriateness.

(2) A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of improvements on the subject property and their suitability for rehabilitation.

(3) Estimated market value of the property in its current condition and estimated market value after completion of the proposed construction, alteration, demolition or removal, after any changes recommended by the commission, and, in the case of a proposed demolition, after renovation of the existing property for continued use.

(4) In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property and its market value for continued use after rehabilitation.

(5) For income-producing properties, information on annual gross income, operating and maintenance expenses, depreciation deductions and annual cash flow after debt service, current property value appraisals, assessed property valuations, real estate taxes and any other information considered necessary by the commission to determine whether substantial evidence of economic hardship exists.

(6) Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years.

(7) All appraisals obtained within the previous two years by the applicant in connection with the purchase, financing or ownership of the property.

(8) Amount paid for the property; the date of purchase; the party from whom purchased, including a description of the relationship, if any, between the applicant and the person from whom the property was purchased; any terms of financing between the seller and buyer; and any listing of the property for sale or rent, price asked, and offers received, if any, within the previous two years.

(9) Assessed value of the property according to the two most recent assessments.

(10) Real estate taxes for the previous two years.

(11) Form of ownership or operation of the property, whether sole proprietorship, for-profit or nonprofit corporation, limited partnership, joint venture or other form.

(12) Any other information, including the income tax bracket of the applicant and principal investors in the property, considered necessary by the commission to a determination as to whether the property does yield or may yield a reasonable return to the owner.

If approval of certificate of economic hardship will result in the demolition of a proposed or designated historical resource or improvement or object in an historic overlay district, the applicant shall be required to provide documentation that the resource proposed for demolition meets the standards of the Historic American Building Survey. Such documentation may include photographs, floor plans, measured drawings, archeological surveys or other documentation stipulated by the commission.

(c) Commission recommendation. At the conclusion of the public hearing, but in no event more than 30 days from the date set for the initial public hearing, the commission shall recommend to the city council, in writing, approval or disapproval, in whole or in part, of the application for a certificate of economic hardship. The commission's recommendation shall include findings of fact relating to the criteria for certificates of economic hardship set forth in this article. The commission's recommendation shall be transmitted directly to the city council. The failure of the commission to report within 30 days from the date set for the initial public hearing shall be deemed a recommendation for approval.

(d) Commission decision. Within 30 days from the date of receipt of the recommendation from the commission, the city council shall hold a public hearing to consider the commission's recommendation regarding a certificate of economic hardship. Notice of public hearing shall be given in the same manner as notice of the public hearing before the commission, set forth in sections 5-359(3). At the conclusion of the public hearing, the city council shall, by resolution, approve or disapprove, in whole or in part, the application for the certificate of economic hardship.

(e) Findings. A certificate of economic hardship may be issued where the city council makes any of the following findings:

(1) Denial of the certificate of appropriateness will diminish the value of the subject property so as to leave substantially no value or to deprive the owner of all reasonable use of or return from the property.

(2) Sale or rental of the property is impractical, when compared to the cost of holding such property for uses permitted in this zone.

(3) An adaptive reuse study has been conducted and has found that utilization of the property for lawful purposes is prohibited or impractical.

(4) Denial of the certificate of appropriateness would damage the owner of the property unreasonably in comparison to the benefit conferred on the community.

(5) All means involving city-sponsored incentives, such as tax abatements, financial assistance, building code modifications, changes in the zoning ordinance, loans, grants and reimbursements, have been explored but do not relieve possible economic disincentives.

(6) In the case of a proposed demolition, the designated landmark cannot be remodeled or rehabilitated in a manner which would allow a reasonable use or return from the property.

(Ord. No. 1001, § 1(8-81), 1-2-91; Ord. No. 1130, §§ 9—13, 10-4-94; Ord. No. 1244, § 3, 5-5-98)

The following properties are designated as historic resources:

(Ord. No. 1143, § 1, 12-20-94; Ord. No. 1146, § 1, 2-7-95; Ord. No. 1151, § 1, 4-4-95; Ord. No. 1159, § 1, 7-18-95; Ord. No. 1165, § 1, 10-3-95; Ord. No. 1181, § 1, 3-5-96; Ord. No. 1185, § 1, 3-19-96; Ord. No. 1205, § 1, 11-5-96; Ord. No. 1206, § 1, 11-15-96; Ord. No. 1244, § 3, 5-5-98; Ord. No. 1260, § 1, 9-15-98; Ord. No. 1456, § 3, 8-4-04)