Montclair Municipal Code Ch. 11.56 Historic Preservation

This chapter is created for the purpose of recognizing the desirability of establishing guidelines for the preservation, restoration and protection of historic and cultural resources within the City. The guidelines are considered necessary in order for the public and the City to work together in preserving those elements of Montclair's heritage which may now, or in the future, be endangered. The purpose of this chapter is to:

A. Encourage public knowledge, understanding and appreciation of the City's past;

B. Strengthen civic and neighborhood pride in the beauty and architecture of the past;

C. Preserve diverse architectural styles and designs reflecting phases of the City's heritage;

D. Promote the enjoyment and use of cultural resources appropriate for the education and restoration of the City;

E. Encourage new construction and exterior modification of historical buildings that are compatible with the historical character of such buildings;

F. Protect and enhance property values and to provide possible added benefits to the City and its inhabitants through the exploration of creative financial incentives for preservation;

G. Encourage the adaptive recycling or reuse of existing historic landmarks.

(Ord. 99-791 Exh. A (part); prior code § 9-10.101)

This chapter shall apply to all historical landmarks within the City.

(Ord. 99-791 Exh. A (part); prior code § 9-10.102)

The Planning Commission shall be appointed as the Historic Preservation Commission. Meeting times shall be the regular meeting times of the Planning Commission.

(Ord. 99-791 Exh. A (part); prior code § 9-10.104)

The Community Development Director shall act as secretary to the Historic Preservation Commission and shall be the custodian of its records, conduct official correspondence, and generally coordinate the clerical and technical work of the Historic Preservation Commission in administering this chapter.

(Ord. 99-791 Exh. A (part); prior code § 9-10.105)

The Historic Preservation Commission shall have the following powers and duties:

A. Administer the provisions of this chapter;

B. Perform such other advisory functions as may be delegated from time to time to the Historic Preservation Commission by the City Council;

C. Maintain a current register of landmark designations for public use and information.

(Ord. 99-791 Exh. A (part); prior code § 9-10.106)

A building or structure may be designated a historic landmark if it is found that one or more of the following conditions exist with reference to such building or structure:

A. The proposed landmark is particularly representative of a historical period, type, style, region or way of life;

B. The proposed landmark is an example of a type of building which was once common but is now rare;

C. The proposed landmark is one of the best remaining examples of a particular architectural type or style in the area;

D. The proposed landmark is identified with persons or events significant in local, State or national history;

E. The proposed landmark is representative of the notable work of a builder, designer or architect.

(Prior code § 9-10.107)

A. Any person may request the designation of real property as a landmark for the purpose of preserving an identified cultural resource on the property or portions of the real property by submitting an application for such designation to the Historic Preservation Commission. The City Council may initiate such an application on its own motion. When the property is privately owned, the application shall include the written consent of the property owner.

B. Any such proposal shall be filed with the Community Development Department upon the prescribed form and shall include the following data:

1. Assessor's parcel number and legal description of site;

2. Description detailing the special aesthetic, cultural, architectural, or engineering interest or value of the proposed landmark;

3. Sketches, drawings, photographs or other descriptive material;

4. Statement of condition of structure;

5. Other information requested by the Historic Preservation Commission.

C. Proposals shall first be reviewed by the Development Review Committee with comments and recommendations from the Montclair Foundation for History and Art forwarded to the Historic Preservation Commission.

D. The application shall then be referred to the Historic Preservation Commission for review and report to the City Council as to conformance with the purposes and criteria of this chapter. The Historic Preservation Commission shall hold a public hearing. The Historic Preservation Commission shall recommend approval or disapproval of the designation to the City Council.

E. The City Council shall hold a public hearing on any proposed designation so transmitted. The City Council may approve, modify and approve, or deny the proposed designation.

F. The property included in any such designation shall be subject to the regulations set forth in this chapter and any further controls specified in the designating chapter.

G. The designation of historic landmark shall run with the land and be binding upon the subsequent owners of the real property. Upon the designation, the real property owner shall sign a certificate of historic landmark designation and shall file said certificate for recordation with the San Bernardino County Recorder's Office.

H. A landmark shall be identified by an approved City marker.

(Ord. 99-791 Exh. A (part); prior code § 9-10.108)

The following procedures shall be followed in processing applications for approval to do work on landmarks covered by this chapter:

A. The Building Official shall report any application for a permit to do work that affects the exterior appearance of a designated landmark to the Planning Division. If the Planning Division determines that such proposed work will affect the exterior appearance of the landmark, the application shall be referred to the Historic Preservation Commission.

B. Such applications shall be accompanied by such plans and materials as are required by the Historic Preservation Commission and are reasonably necessary for the proper review of the proposed work.

C. The Historic Preservation Commission shall complete its review and make a decision within 30 days of the application being accepted as complete. All decisions, interim or final, shall be made at regular meetings of the Historic Preservation Commission. The Historic Preservation Commission's decision shall be in writing and shall state the findings of fact and reasons relied upon in reaching its decision. This decision may be appealed pursuant to Section 11.56.120 of this chapter.

D. Applications for demolition of designated landmarks or relocation permits to relocate designated landmarks from within City boundaries may only be approved by the City Council upon a showing of hardship by the applicant or the owner of the subject property pursuant to Section 11.56.100 of this chapter.

E. Notice of the date, place, time and purpose of the Historic Preservation Commission hearing shall be given by first class mail to the applicants and the owners and occupants of the designated site at least 10 days prior to the date of the hearing.

F. Any person or entity who fails to obtain permits or plan review approval to do work or to do work in compliance with permits or plan review approval obtained shall be guilty of a violation pursuant to Chapter 1.12 of this Code.

(Ord. 06-889 § 13; Ord. 99-791 Exh. A (part); prior code § 9-10.109)

The Historic Preservation Commission shall promote the use of appropriate preservation incentives to encourage owners to designate, maintain, preserve and improve their culturally significant property. Incentives shall be authorized upon approval by the City Council, and shall include, but not be limited to the following:

A. Mills Act contracts which will lower property taxes of designated structures;

B. Preservation easements on the facades of designated buildings to enable owners to receive income tax deductions;

C. Use of the California State Historical Building Code to provide alternative building regulations for rehabilitation of designated structures;

D. Technical assistance for designated structures through the City's Building Division;

E. Reduced processing fees for appropriate rehabilitation of designated historic landmarks;

F. Assistance in processing applications for federal investment tax credits for rehabilitation of landmarks on the National Register of Historic Places;

G. Grants and loans for appropriate rehabilitation of designated historic landmarks;

H. Awards and other symbols of recognition of exemplary rehabilitation.

(Ord. 99-791 Exh. A (part); prior code § 9-10.110)

A. A certificate of hardship may be granted permitting demolition, moving, subdivision, new construction or alteration for properties that have been denied an "alterations to historic landmark permit."

B. In determining whether substantial hardship exists, the Historic Preservation Commission shall consider the evidence submitted by the applicant and evidence which demonstrates, but is not limited to the following:

1. Bonafide efforts to rent or sell the property have been unsuccessful;

2. Approval or conditional approval to do work permitted by this chapter will not enable the applicant to rent or sell the property at a reasonable rate of return;

3. It is not economically or technically feasible to renovate or undertake an alternative development compatible with the permit criteria outlined in this chapter;

4. Personal or economic circumstances exist which preclude the applicant from performing work in compliance with the permit criteria outlined in this chapter;

5. Any other showing of hardship exists as may be found by the City Council.

C. The Historic Preservation Commission may delay the decision on the application for a period not to exceed six months to investigate plans to allow for a reasonable use of or return from the property or other measures to preserve the property, including selling the property to an individual or group that would preserve it.

D. The Historic Preservation Commission shall review the evidence presented at the scheduled public hearing, and take action by resolution stating the findings and facts relied upon in making the decision.

(Ord. 99-791 Exh. A (part); prior code § 9-10.111)

The California State Historic Building Code (SHBC) provides alternative building regulations for the rehabilitation, preservation, restoration or relocation of structures designated as historic landmarks. The most current SHBC may be used for any designated historic landmark in the City's building permit procedure when the Director of Community Development makes the determination that appropriate alterations cannot feasibly occur utilizing the current Uniform Building Code.

(Prior code § 9-10.112)

Any interested party may appeal a decision of the Historic Preservation Commission by filing a Notice of Appeal with the City Council no later than 10 days after the Historic Preservation Commission's decision is made. Said appeal shall state the grounds upon which the appeal is made. Said notice shall be accompanied by a fee equal to the fee set by resolution of the City Council for zone variances for homeowners. The City Council shall schedule a public hearing to be held no later than 30 days after the notice of appeal is filed, and shall render its decision within 30 days of said hearing date.

(Ord. 99-791 Exh. A (part): prior code § 9-10.113)

Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any designated site covered by this chapter that does not involve a change in design, material, or external appearance thereof, nor does this chapter prevent work on such feature when the Building Official certifies to the Historic Preservation Commission 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.

(Ord. 99-791 Exh. A (part); prior code § 9-10.114)

The owner, occupant, or other person in actual charge of a landmark shall keep in good repair all of the exterior portions of such improvement, building or structure, and all interior portions where whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature.

(Ord. 99-791 Exh. A (part); prior code § 9-10.115)