Chapter 23.76 — HISTORIC PRESERVATION[3 ]

The protection, enhancement, perpetuation and use of structures and neighborhoods of historical and architectural significance located within the city are of cultural and aesthetic benefit to the community. The economic, cultural and aesthetic standing of the city will be enhanced by respecting the city's heritage. The purposes of this chapter are to:

• (a) Preserve, protect, enhance and perpetuate those historic structures and neighborhoods which contribute to the cultural and aesthetic heritage of Pacific Grove;

• (b) Further the city's goals of rehabilitating the existing housing stock and protecting the affordable housing supply through preservation and adaptive reuse of historic buildings;

• (c) Foster civic pride in the beauty and accomplishments of the past;

• (d) Preserve buildings significantly identified with people or events of historical and cultural importance to Pacific Grove's past;

• (e) Enrich the dimensions of human life by serving aesthetic as well as material needs and fostering knowledge of the living heritage of the past;

• (f) Enhance the visual and aesthetic character, diversity and interest of the city by maintaining the existing scale and the eclectic styles of buildings and their settings;

• (g) Control the demolition of historic structures in order to preserve, to the greatest extent feasible, the diverse qualities that define the character of the community of Pacific Grove and that reflect the distinct phases of its cultural and architectural history;

• (h) Enhance property values and increase economic and financial benefits to the city, its inhabitants, and property owners;

• (i) Protect and enhance the city's attraction to tourists and visitors, thereby stimulating business;

• (j) Conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment.

• (Ord. 97-23 § 1, 1997; Ord. 01-25 § 1, 2001; Ord. 17-023 § 2, 2017)

Throughout this chapter, the following definitions shall apply:

"Addition" means expansion of the size of a historic building by construction physically connected with the existing structure.

"Alteration" means any exterior change or modification to a structure which alters 50 percent or less of the total lateral length of the exterior walls, including porches and other projections, within a 24-month period. However, if the proposed modification alters more than 25 percent of the surface of all exterior walls facing a public street or streets, this shall constitute a demolition;

3. Prior ordinance history: Ords. 1948 N.S., 2003 N.S., and 96-13.

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City of Pacific Grove, CA § 23.76.020

PACIFIC GROVE CODE

§ 23.76.021

see the definition of "demolition" in this section.

Exception: "maintenance and repair" as defined in this section. Painting is also exempt.

"Demolition" means an act or process which destroys a building, or a major portion of a building, or impairs its structural integrity. Demolition includes:

• (a)

  • Destruction of the entire building;

• (b) "Partial demolition" means all changes to the exterior of a building, including but not limited to moving or removing windows, doorways, walls, or other structural features, if such changes alter more than 25 percent of the surface of all exterior walls facing a public street or streets, and/or if these changes alter more than 50 percent of the total lateral length of the exterior walls, including porches and other projections of the building, within a 24-month period.

Exception: "maintenance and repair" as defined in this section.

"Historic resources committee" means a committee created to perform certain duties hereunder, as more particularly set out at PGMC § 23.76.021.

"Historic resources inventory" means the list of structures determined to be of architectural and/ or historical significance consistent with the city's historic context statement adopted by the city of Pacific Grove in accordance with this chapter.

"Integrity" means the authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic period including location, design, setting, materials, workmanship, feeling and association.

"Maintenance and repair" means the act or process of conserving or repairing a structure without modifying the form, detail, or type of material. "Maintenance and repair" includes the placement of a concrete foundation for buildings and structures listed on the city's historic resources inventory.

"Reconstruction" means the process of reproducing by new construction the exact form and detail of a vanished structure, or part thereof, as it appeared during a specific period of time.

"Rehabilitation" means the process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property that are significant to its historical, architectural, and cultural values.

"Relocation" means any change in the location of a structure on its site or to another site.

"Restoration" means the process of returning a building to a documented prior condition. (Ord. 97-23 § 1, 1997; Ord. 01-25 § 1, 2001; Ord. 17-023 § 2, 2017)

• (a) The historic resources committee shall consist of five members having a demonstrated interest in and knowledge of historic preservation and the cultural resources of Pacific Grove. At least four members shall be residents registered to vote in the city of Pacific Grove. One of the members shall be a licensed architect with preservation experience, landscape architect, engineer, or architectural historian, or be a licensed general contractor with preservation experience, and one shall be a representative of the heritage society. A member not registered to vote in the city of Pacific Grove shall have demonstrated architectural or general contractor experience in the city of Pacific Grove.

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City of Pacific Grove, CA

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§ 23.76.021

§ 23.76.025

• (b) The mayor, with approval of the council, shall appoint all members; provided, that the heritage society shall appoint its member. Terms of all members shall be two years. Three of the committee members shall be appointed for terms ending on January 31st in evennumbered years and four shall be appointed for terms ending on January 31st in oddnumbered years.

• (c) The committee shall select one of the membership to be chairperson for a one-year term, to commence at the first meeting in February.

• (d) All meetings shall be open to the public and shall be held at a time and place determined to facilitate public convenience and involvement.

• (e) The committee shall meet no less frequently than once a month.

• (f) Powers and duties of the committee shall be as follows:

  • (1) Determination of additions and deletions from the historic resources inventory, per PGMC § 23.76.030;

  • (2) Architectural and historic permits for structures listed on the historic resources inventory per PGMC § 23.70.070;

  • (3) Other duties as set out in this chapter or as directed by the city council.

• (g) An affirmative vote of a majority of the total members of the historic resources committee shall be required for any action by the committee.

• (Ord. 97-23 § 1, 1997; Ord. 01-25 § 1, 2001; Ord. 02-30 § 13, 2002; Ord. 17-023 § 2, 2017; Ord. 24-001 § 2, 2024)

The following criteria shall be utilized to assess a historic property's inclusion in the National and/or California Register and local city historic resources inventory as required in this chapter:

• (a) Whether the structure has significant character, interest or value as part of the development, heritage or cultural characteristics of the city of Pacific Grove, the state of California, or the United States;

• (b) Whether it is the site of a significant historic event;

• (c) Whether it is strongly identified with a person who, or an organization which, significantly contributed to the culture, history or development of the city of Pacific Grove;

• (d) Whether it is a particularly good example of a period or style;

• (e) Whether it is one of the few remaining examples in the city of Pacific Grove possessing distinguishing characteristics of an architectural type or specimen;

• (f) Whether it is a notable work of an architect or master builder whose individual work has significantly influenced the development of the city of Pacific Grove;

• (g) Whether it embodies elements of architectural design, detail, materials or craftsmanship that represent a significant architectural innovation;

• (h) Whether it has singular physical characteristics uniquely representing an established and

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City of Pacific Grove, CA

PACIFIC GROVE CODE

§ 23.76.025

§ 23.76.070

familiar visual feature of a neighborhood, community, or of the city of Pacific Grove;

(i) Whether a resource with historical or cultural significance retains historic integrity. (Ord. 97-23 § 1, 1997; Ord. 01-25 § 1, 2001; Ord. 17-023 § 2, 2017)

Properties may be added to or deleted from the historic resources inventory either by initiation of the historic resources committee or by submittal of a historic determination application by the property owner. The historic resources committee shall determine, following hearing, whether or not the property should be added or deleted based on the criteria listed in PGMC § 23.76.025 and documented in a department of parks and recreation (DPR) 523 form or equivalent document.

Deletions proposed for removal due to loss of integrity must demonstrate the loss of integrity was not the result of any illegal act or willful neglect by the owner or agent of the owner. (Ord. 97-23 § 1, 1997; Ord. 01-25 § 1, 2001; Ord. 17-023 § 2, 2017)

The California State Historic Building Code (SHBC) provides alternative building regulations for the rehabilitation, preservation, restoration or relocation of structures designated as cultural resources. As required by state law, the SHBC shall be used for buildings on the historic resources inventory in the city's building permit procedure.

(Ord. 97-23 § 1, 1997; Ord. 01-25 § 1, 2001; Ord. 17-023 § 2, 2017)

Nothing in this chapter shall be construed to prevent ordinary maintenance and repair of a building on the historic resources inventory.

(Ord. 97-23 § 1, 1997; Ord. 01-25 § 1, 2001; Ord. 17-023 § 2, 2017)

Following notice of hearing (10 days' published and posted), the historic resources committee may grant a historic preservation permit for an exception to zoning district regulations when such exception is necessary to permit the preservation or restoration of, or improvements to, a building listed on the historic resources inventory. Such exceptions may include, but not be limited to, parking, yards, height and coverage regulations. Such exceptions shall not include approval of uses not otherwise allowed by the zoning district regulations. In considering an application for such exception, the historic resources committee shall be directed and guided by the list of purposes found in PGMC § 23.76.010 and by PGMC § 23.04.010. (Ord. 97-23 § 1, 1997; Ord. 01-25 § 1, 2001; Ord. 17-023 § 2, 2017)

None of the provisions of this chapter shall be construed to prevent construction, alteration, demolition or relocation necessary to correct the unsafe or dangerous conditions, as defined in applicable building codes, of any structure, feature, or part thereof, when such condition has been declared unsafe or dangerous by the chief building inspector, where such unsafe or dangerous condition cannot be rectified through the use of the State Historic Building Code, and where the proposed measures have been declared necessary by such official to correct the said condition.

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City of Pacific Grove, CA

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§ 23.76.070

§ 23.76.090

However, only such work as is necessary to correct the unsafe or dangerous condition may be performed and only after obtaining any required building permit. In the event any structure or other feature is damaged by fire or other calamity, the chief building inspector may specify, prior to any required review by the historic resources committee, or the appropriate review authority pursuant to Chapter 23.70 PGMC (Community Development Permit Review Authorities and Procedures), the amount of repair necessary to correct an unsafe condition. Such determination shall be made in conformance with the provisions of Public Resources Code Section 5028. (Ord. 97-23 § 1, 1997; Ord. 01-25 § 1, 2001; Ord. 11-001 § 6, 2011; Ord. 17-023 § 2, 2017)

The following shall apply to additions and alterations made to historic structures in the city of Pacific Grove:

• (a) No person shall carry out or cause to be carried out on a building listed in the city of Pacific Grove historic resources inventory any addition to, or exterior alteration of, any such building without first obtaining approval by the appropriate review authority pursuant to Chapter 23.70 PGMC (Community Development Permit Review Authorities and Procedures). This provision applies to changes not requiring building permits as well as to changes requiring a building permit. Without limitation, examples of proposed exterior changes that must be approved before they are carried out include: changing the profile of the building; closing or changing the dimensions of existing window or door openings; adding windows or doors; changing window or door framing materials without using inkind or matching materials with staff determination pursuant to PGMC § 23.70.020 (Counter review and determination); changing the type of roof or exterior wall materials and/or trim materials.

• (b) In reviewing applications for additions to, or exterior alteration of, historic buildings, the appropriate review authority shall consider the criteria listed in PGMC § 23.76.025 and shall be guided by the Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" and the Architectural Review Guidelines, in particular Appendix I – Working with Buildings on the Historic Resources Inventory, of the city of Pacific Grove or succeeding document(s).

• (Ord. 97-23 § 1, 1997; Ord. 01-25 § 1, 2001; Ord. 11-001 § 6, 2011; Ord. 17-023 § 2, 2017)

The following shall apply to demolitions of historic structures in the city of Pacific Grove:

• (a) Any person desiring to demolish a building listed on the Pacific Grove historic resources inventory shall file an application for a historic demolition permit with the community development department.

Exceptions: Single-story detached garages, sheds, or other accessory buildings with no identified historic, cultural or architectural value, as determined by the community development director, shall be exempt from this requirement.

• (b) Following 10 days' posting and notice of hearing, the historic resources committee shall hold a public hearing to consider the application. The following information shall be provided to the historic resources committee:

  • (1) The chief building inspector shall provide an evaluation of the stability of the building

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City of Pacific Grove, CA § 23.76.090

PACIFIC GROVE CODE

§ 23.76.090

proposed for demolition;

• (2) Any other information deemed necessary by the historic resources committee to evaluate the application.

• (c) Following the public hearing, the historic resources committee shall take one of the following actions:

  • (1) Approve the permit;

  • (2) Approve the permit subject to a waiting period of up to 180 days to consider documentation, relocation or other alternatives to demolition, after which waiting period the permit is deemed approved.

    • (A) During the waiting period, the applicant shall advertise the proposed demolition in a paper of general circulation in the city of Pacific Grove at least once during the first 30 days following the action by the historic resources committee. Such advertisement shall include the address at which the structure proposed for demolition is located, information as to how arrangements can be made for relocation and the date after which a demolition permit may be issued. Evidence of this publication must be submitted to the community development director prior to issuance of a demolition permit.

    • (B) During the waiting period, the historic resources committee may investigate and suggest preservation measures or documentation such as photographing the building, preparing measured drawings and gathering related historical data;

  • (3) Deny the permit;

  • (4) Approve the relocation (within the city of Pacific Grove) of the building as an alternative to demolition.

• (d) The historic resources committee shall consider the criteria listed in PGMC § 23.76.025 in determining which of the actions listed in subsection (c) of this section applies.

• (e) Findings.

  • (1) Prior to approval or modified approval, the historic resources committee shall find that:

    • (A) The proposed action is consistent with the purposes of historic preservation as set forth in PGMC § 23.76.010 and in the historic preservation element of the general plan; or

    • (B) The applicant has demonstrated that the action proposed is necessary to correct an unsafe or dangerous condition on the property; or

• (C) There are no reasonable alternatives to the demolition at the time of the hearing.

  • (2) Prior to denial, the historic resources committee shall find that:

    • (A) The proposed action is not consistent with the purposes of historic preservation as set forth in PGMC § 23.76.010 and in the historic preservation element of the general plan; or

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City of Pacific Grove, CA

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§ 23.76.090

§ 23.76.130

• (B) There are reasonable alternatives to the demolition at the time of the hearing.

• (Ord. 97-23 § 1, 1997; Ord. 01-25 § 1, 2001; Ord. 17-023 § 2, 2017)

Relocating a structure off site within the city of Pacific Grove may be permitted following the same procedural guidelines described in PGMC § 23.76.090 including the filing of an application for relocation. Relocating a structure on site may be permitted following the procedures in PGMC § 23.70.040.

(Ord. 97-23 § 1, 1997; Ord. 01-25 § 1, 2001; Ord. 11-001 § 6, 2011; Ord. 17-023 § 2, 2017)

• (a) Minimum maintenance is necessary to prevent an owner, or other person having legal custody and control over a property, from facilitating the demolition of a historic resource by neglecting it. All buildings listed on the historic resources inventory shall be kept in a state of good repair consistent with all other state and city codes so as to preserve them against decay and deterioration.

• (b) The community and economic development director may direct the property owner to maintain the historic property in a manner designed to prevent vandalism and destruction if such property is not occupied.

• (Ord. 97-23 § 1, 1997; Ord. 01-25 § 1, 2001; Ord. 17-023 § 2, 2017)

Repealed by Ord. 17-023.

(Ord. 97-23 § 1, 1997; Ord. 97-40 § 1, 1997; Ord. 01-25 § 1, 2001; Ord. 11-001 § 6, 2011)

• (a) It shall be the duty of the community and economic development director, or the community and economic development director's delegate, to administer and enforce the provisions of this chapter.

• (b) It is unlawful for a person or entity to alter or demolish or cause to be altered or demolished any building or portion thereof in violation of any of the provisions of this chapter.

• (c) Any person or entity who alters or demolishes a building or causes an alteration or demolition in violation of the provisions of this chapter may be liable civilly in a sum equal to the replacement value of the building in kind, or an amount set at the discretion of the court.

• (d) The city attorney may maintain an action for injunctive relief to restrain or correct a violation, or cause, where possible, the complete or partial restoration, reconstruction or replacement in kind of any building or site demolished, altered or partially demolished, or allowed to fall below minimum maintenance standards in violation of this chapter.

• (e) A lot which is the site of alteration or demolition of a historic structure in violation of this chapter shall not be developed in excess of the floor area ratio, or the dwelling unit density, of the altered or demolished structure for a period of five years from the unlawful alteration or demolition. A person or entity may be relieved of the penalties provided in this

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City of Pacific Grove, CA

PACIFIC GROVE CODE

§ 23.76.130

§ 23.76.130

subsection if, as to an unlawful alteration, the person or entity restores the original distinguishing qualities and character of the building destroyed or altered. Such restoration must be undertaken pursuant to a valid building permit issued after a recommendation by the architectural review board, and a finding by the city council that the proposed work will effect adequate restoration and can be done with a substantial degree of success.

(f) The remedies provided in subsections (b) through (e) of this section are not exclusive. (Ord. 97-23 § 1, 1997; Ord. 01-25 § 1, 2001; Ord. 17-023 § 2, 2017)

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City of Pacific Grove, CA

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§ 23.77.010

§ 23.77.045