Chapter 18.58 — HISTORIC PRESERVATION OVERLAY ZONE

The purposes of the Historic Preservation Overlay Zone (HPOZ) shall be as follows:

• A. Protect and enhance the buildings, structures, landscaping, natural features and areas which are representative of important aspects of the City's cultural, social, economic, political, architectural, or natural history.

• B. Protect and enhance the settings and environment which preserve these buildings, structures, landscaping, natural features, and areas.

• C. Protect, stabilize, and enhance property values, neighborhoods, and communities.

• D. Enhance economic prosperity, including facilitating the eligibility of properties for financial benefits and promoting tourist trade and interest.

• E. Foster public understanding of the history, aesthetics, and identity of the City as reflected in its buildings, structures, landscaping, natural features, and areas.

• F. Promote public education through the preservation and interpretation of the City's cultural, social, economic, political, architectural, or natural history.

• G. Promote the involvement of the City's diverse neighborhoods in the historic preservation process.

• H. Ensure compliance with the California Environmental Quality Act. (Ord. 923 Sec. 1, 2010)

For the purpose of this chapter, the following words and phrases shall have the meanings ascribed below:

• A. "Context statement" means a written document that establishes the relationship between the physical environment of the HPOZ and its history by theme, place and time, and which designates contributing and non-contributing elements in the HPOZ.

• B. "Contributing element" means any building, structure, landscaping, natural feature, or public improvement identified on the historic resources survey as contributing to the historic significance of the HPOZ.

• C. "Historic resources survey" means a document which defines the historic context of the HPOZ and identifies all contributing and noncontributing buildings, structures, landscaping, natural features, and public improvements and which is certified as to its accuracy and completeness by the Cultural Resources Administrator.

• D. "Historic Preservation Overlay Zone" means any area of the City of Norco containing buildings, structures, landscaping, natural features, or public improvements having historic, architectural, cultural, or aesthetic significance and designated as a HPOZ under the provisions of this chapter.

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§ 18.58.10

• E. "Noncontributing element" means any building, structure, landscaping, natural feature, or public improvement identified on the historic resources survey as not contributing to the historic significance of the HPOZ or which is not listed in the historic survey.

• (Ord. 923 Sec. 1, 2010)

Except as specified in Sections 18.58.16 and 18.58.18, all permitted and conditionally permitted uses and all development standards shall be in accordance with the underlying zone and the regulations of this chapter.

(Ord. 923 Sec. 1, 2010)

Specific plans and specific plan amendments that affect lands within a HPOZ shall be subject to review and recommendations from the Historic Preservation Commission prior to consideration by the Planning Commission and City Council.

(Ord. 923 Sec. 1, 2010)

• A. Initiation. Consistent with the purposes of this chapter, procedures for establishing a HPOZ may be initiated by the City Council upon recommendation of the Historic Preservation Commission or upon submission to the City of a petition supporting such an overlay zone signed by at least 75 percent of the property owners within the proposed district, as recorded on the most recent rolls of the Riverside County Assessor.

• B. Historic Resources Survey. A historic resources survey, including all of the minimum components listed below, shall be completed by a professional who meets the Secretary of Interior's qualifications to determine the viability and boundaries of the proposed HPOZ. The applicant shall be responsible for funding the survey. Previous surveys may be used or modified as necessary to meet all the minimum components below:

  1. Context Statement. A context statement shall be prepared that establishes the relationship between the physical environment of the HPOZ and its history, thereby allowing the identification of historic features of the area as contributing or noncontributing. The context statement shall present the history of the area by theme, place, and time. It shall define the various historical factors which shaped the development of the area. It shall define a period of significance for the HPOZ and relate historic features to the period of significance. As appropriate, topics shall include historic activities, events, associations with historic persons, architectural styles and movements, architects, designers, building types, building materials, landscape design, geographic patterns, and natural features that influenced the character of the HPOZ.

  2. Recordation of Resources. Each resource shall be recorded on State of California Department of Parks and Recreation forms as appropriate.

  3. Identification of Contributing Elements. The historic resources survey shall identify contributing elements to the HPOZ. No building, structure, landscaping, natural feature, or public improvement shall be considered a contributing element unless it is

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§ 18.58.12

identified as a contributing element in the historic resources survey for the applicable HPOZ. To qualify as a contributing element, a feature must meet one or more of the following criteria:

• a. The resource contributes to the historic architectural qualities or historic associations for which the HPOZ is significant because it was present during the period of significance and possesses historic integrity reflecting its character at that time; or

• b. Owing to its unique location or singular physical characteristics, the resource represents an established feature of the neighborhood, community, or City; or

• c. Retaining the building, structure, landscaping, natural feature, or public improvement would contribute to the preservation and protection of a historic place or area of historic interest in the City.

• C. Concentration of Resources. For an area to qualify as a HPOZ, at least 50 percent of the buildings must be certified to be contributing elements.

• D. Boundaries. Boundaries shall be drawn so as to encompass a clear concentration of contributing elements and reflect the historic context of the proposed HPOZ.

• E. Modification of Previously Certified Historic Resources Survey. Modifications, including boundary changes, re-surveys, partial re-surveys, and minor corrections of a previously certified historic resources survey shall be processed as follows:

  1. Boundary changes or revisions involving a re-survey or partial re-survey shall be processed in accordance with the procedures for establishing a HPOZ.

  2. Revisions involving the correction of technical errors or omissions shall be subject to the review and approval of the Cultural Resources Administrator.

• F. Repeal of a HPOZ. The repeal of a HPOZ may be initiated and processed, subject to the same procedures for establishing a HPOZ, when one or more of the following conditions apply:

  1. As a result of natural disaster or other calamity the number of buildings that are contributing elements falls below 50 percent.

  2. A petition with signatures of at least 75 percent of the property owners within a HPOZ, as reflected on the most recent County Assessor rolls, requests consideration of the repeal of the HPOZ.

• (Ord. 923 Sec. 1, 2010)

• A. Application. Application for approval of a HPOZ shall be made on such forms as established by the Cultural Resources Administrator and accompanied by such fees as established by resolution of the City Council.

• B. Certification of Historic Resources Survey. The historic resources survey shall be submitted to the Cultural Resources Administrator for certification. In consultation with a professional meeting the Secretary of Interior's professional qualifications, the Cultural

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Resources Administrator shall review the survey for compliance with the standards of this chapter and shall require revisions as necessary for this purpose.

• C. HPOZ Designation Meeting Date. Upon the filing of a complete application, the matter shall be set for consideration before the Historic Preservation Commission. The date of such meeting shall be not more than 60 days from the date of filing of a complete application.

• D. HPOZ Designation Meeting Notice. The Cultural Resources Administrator shall cause notice of the date, time, place and purpose of the meeting before the Historic Preservation Commission to be given by at least one publication of a notice in a newspaper having general circulation in the City not less than 10 days prior to the date of such meeting and by depositing in the United States mail, at least 10 days prior to the date of the meeting, a notice addressed to the owner(s) or other person(s) having legal custody and control of the properties within the proposed HPOZ area and to owners of real property within a minimum radius of 300 feet of the exterior boundaries of the proposed HPOZ area, or within the minimum radius that is required such that a minimum of 25 property owners will be notified. The last known name and address of each owner as shown on the records of the Riverside County Assessor may be used for this notice. Failure to send any notice by mail to any property owner where the address of such owner is not a matter of public record or the nonreceipt of any notice mailed pursuant to these regulations shall not invalidate any proceedings in connection with the proposed designation.

• E. HPOZ Meeting. A public meeting shall be conducted before the Historic Preservation Commission at the time and place so fixed and noticed. Subsequent to the Historic Preservation Commission meeting, a public hearing shall be conducted before the Planning Commission for a recommendation, and then before the City Council for final decision on the HPOZ application.

• F. HPOZ Designation Investigation. The Historic Preservation Commission shall cause to be made by any of its own members or by the Cultural Resources Administrator such investigation of facts bearing upon such application as in the opinion of the Commission or Administrator will serve to provide the necessary information to assure Commission action consistent with the intent and purposes of this chapter.

• G. HPOZ Public Meetings. The Historic Preservation Commission at a public meeting shall forward to the Planning Commission for consideration at a public hearing its recommendation and findings in writing regarding the designation of a HPOZ, in whole or in part, based on the criteria set forth in this chapter and the facts presented in connection with the application. The recommendations of the Historic Preservation Commission and the Planning Commission shall be forwarded to the City Council for consideration at a public hearing. The City Council, on the recommendation of the Historic Preservation Commission and Planning Commission, shall make the final determination as to whether the purposes of this chapter are met by such designation.

• H. HPOZ Designation Ordinance. A HPOZ shall be designated by an ordinance of the City Council, which provides facts and findings based on the criteria for designation as set forth in this chapter. The Council shall adopt the ordinance by a majority of the members present and voting. Subsequent to adoption by the City Council, the HPOZ shall be defined on the City's zoning map.

• I. Notice of HPOZ Designation. Notice of the designation of a HPOZ by the City Council

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shall be transmitted to all City departments, the Assessor and the Recorder of Riverside County, and any other departments and governmental agencies the Cultural Resources Administrator deems appropriate. Each City department and division shall incorporate the notice of designation as a HPOZ into its records, so that future decisions or permissions regarding or affecting any HPOZ made by the City or an official of the City will have been made with the knowledge of the HPOZ designation, and in accordance with the procedures set forth in this chapter. The City Clerk shall record all designating ordinances in the Office of the Riverside County Recorder.

(Ord. 923 Sec. 1, 2010)

A certificate of appropriateness shall be required for all alterations to contributing elements in a HPOZ in accordance with the standards and procedures in Chapter 20.30. (Ord. 923 Sec. 1, 2010)

A certificate of appropriateness shall be required for all new buildings or structures, including associated landscaping, or other improvements in a HPOZ in accordance with the procedures in Chapter 20.30, except that the Planning Commission's Architectural Review Subcommittee shall join the Historic Preservation Commission in reviewing and making recommendations, prior to final action by the City Council. In evaluating such projects the following design standards along with any design standards specific to the HPOZ shall be applied to help assure compatibility with contributing elements in the HPOZ, particularly those contributing elements within close proximity. Where zoning standards would allow height, bulk, massing, placement, orientation, lot coverage, grading, site improvements, landscaping, or signs that would be incompatible with the following design standards or the specific design standards of the HPOZ, the design standards shall take precedence:

• A. Design. The design shall be compatible with the prevailing design of the contributing elements in the HPOZ, including colors, materials, and architectural style.

• B. Height, Bulk, and Massing. The height, bulk, and massing shall be similar to and reflective of the prevailing height, bulk, and massing of the contributing elements of the HPOZ.

• C. Placement and Orientation. The placement and orientation shall be similar to that prevailing among the contributing elements in the HPOZ, including doorways, fenestration, entrances, vehicular access, parking, and setbacks.

• D. Lot Coverage. Lot coverage shall be similar to the prevailing lot coverage in the HPOZ.

• E. Grading. Grading shall be designed so as to preserve the natural features of the land and to maintain the views toward, and integrity of, the contributing natural features in the HPOZ.

• F. Site Improvements. Site improvements, including walls, walkways, lighting, statuary, water features, and the like, shall be designed so as to be compatible with those associated with prevailing contributing elements in the HPOZ.

• G. Landscaping. Plant materials, layout, placement, and design shall be compatible with the landscaping associated with the prevailing contributing elements in the HPOZ.

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§ 18.58.20

• H. Signs. Signs shall be of materials, design, colors, style, and types that are compatible with the prevailing contributing elements in the HPOZ.

• (Ord. 923 Sec. 1, 2010)

A certificate of appropriateness shall be required for all alterations to existing noncontributing elements in a HPOZ. If a noncontributing element is individually designated or eligible for historical designation, it shall be evaluated in accordance with the procedures and standards in Chapter 20.30. If a noncontributing element is not individually designated or eligible for historical designation, it shall be evaluated in accordance with the procedures in Chapter 20.30 and the following design standards and any specific design standards of the HPOZ to help assure compatibility with contributing elements in the HPOZ, particularly those contributing elements within close proximity. Where zoning standards would allow height, bulk, massing, placement, orientation, lot coverage, grading, site improvements, landscaping, or signs that would be incompatible with the following design standards or the specific design standards of the HPOZ, the design standards shall take precedence:

• A. Design. Noncontributing elements may represent a wide variety of design styles. Generally, it is preferred that alterations be respectful of the original style of the noncontributing element. Where integrity has been disturbed by past alterations, consideration should be given to the restoration of the original style of the building if this is feasible.

• B. Height, Bulk, and Massing. To the extent that height, bulk, and massing are being altered, the alterations shall be compatible with the height, bulk, and massing of the prevailing contributing elements of the HPOZ.

• C. Placement and Orientation. To the extent that placement and orientation are being altered such shall be similar to that prevailing among the contributing elements in the HPOZ, including doorways, fenestration, entrances, vehicular access, parking, and setbacks.

• D. Lot Coverage. Lot coverage shall not be increased if doing so is incompatible with the prevailing lot coverage in the HPOZ.

• E. Grading. Grading shall be designed so as to preserve the natural features of the land and to maintain the views toward, and integrity of, the contributing natural features in the HPOZ.

• F. Site Improvements. Site improvements or alterations to existing site improvements, including walls, walkways, lighting, statuary, water features, and the like, shall be designed so as to be compatible with either the existing noncontributing element or those associated with prevailing contributing elements in the HPOZ.

• G. Landscaping. Plant materials, layout, placement, and design shall be compatible with either the existing noncontributing element or the prevailing landscaping associated with the contributing elements in the HPOZ.

• H. Signs. Signs shall be of materials, design, colors, style, and types that are compatible with either the existing noncontributing element or the prevailing contributing elements in the HPOZ.

• (Ord. 923 Sec. 1, 2010)

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§ 18.58.30

Element.

A certificate of appropriateness for the demolition of a noncontributing element shall be processed in accordance with the procedures in Sections 20.30.060 and 20.30.080. The City Council, upon recommendation of the Historic Preservation Commission, or the City Council on appeal may approve, grant conditional approval, or deny the application. In reviewing an application to demolish a noncontributing element, consideration shall be given to impacts of the demolition to the essential form and integrity of the historic character of its surrounding built environment.

(Ord. 923 Sec. 1, 2010)

A certificate of appropriateness for the demolition of a contributing element shall be processed in accordance with the procedures in Chapter 20.30. (Ord. 923 Sec. 1, 2010)

Any person aggrieved or affected by a recommendation of the Historic Preservation Commission or Cultural Resources Administrator to approve, conditionally approve or deny an application, or by the failure of the Commission to act within the required time limits may appeal to the City Council any time within 15 days after the date the Commission or Cultural Resources Administrator announces its decision or is required to announce its decision. An appeal shall be taken by filing a letter of appeal with the Cultural Resources Administrator and by concurrently paying to the City a fee in an amount established by City Council resolution. Such letter of appeal shall set forth the grounds upon which the appeal is based. Within 10 days after the receipt of the letter of appeal and the filing fee, the Cultural Resources Administrator shall transmit to the City Council the letter of appeal, copies of the application and all other papers constituting the record upon which the action was taken. The City Council may affirm, reverse or modify the decision of the Cultural Resources Administrator or the recommendation of the Historic Preservation Commission. Such action by the City Council shall be final. (Ord. 923 Sec. 1, 2010)

The preservation incentives specified in Chapter 20.35 shall be applicable to all contributors within a HPOZ.

(Ord. 923 Sec. 1, 2010)

Enforcement and penalties shall be in accordance with Chapter 20.40. (Ord. 923 Sec. 1, 2010)

If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have passed Ordinance No. 923 and adopted this chapter, and each section, subsection, sentence,

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§ 18.58.30

clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

(Ord. 923 Sec. 1, 2010)

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