Article 3 — Historic Preservation Permits

An historic preservation permit shall be required to:

(a)

Demolish, alter, or relocate any structure or special site, or any portion thereof, which has been designated an historic landmark pursuant to the provisions of this chapter; and

(b)

Construct, place, alter, or relocate any exterior sign, lighting, fence, parking area, or any other structure or pertinent feature on a landmark or landmark site. Interior remodeling which does not affect the exterior appearance of the historic landmark, structure, or site within an historic district shall not require an historic preservation permit.

However, construction of an accessory dwelling unit or junior accessory dwelling unit shall not require issuance of a historic preservation permit if undertaken in accordance with all standards of Article 4.5 of this chapter.

(§ I, Ord. 438-84, eff. January 9, 1985; § 15, Ord. 854-C.S., eff. February 26, 2020)

The following procedures shall be followed in processing applications for the historic preservation permits required by Section 9-7.301 of this article. The applicant shall file a written application with the Planning Division on a form provided by the Planning Administrator which, where applicable, shall be accompanied by the following information:

(a)

Scaled elevation drawings of the proposed construction or alterations; preferably as overlays to photographs of existing buildings;

(b)

Photographs of existing and adjacent structures from angles affected by the proposed change;

(c)

A site plan;

(d)

A narrative explanation of the reasons for the changes; and

(e)

Other materials as may be required by the Planning Administrator.

(§ I, Ord. 438-84, eff. January 9, 1985)

The Pacifica Historical Society may submit comments on any historic preservation permit application which shall be considered by the Planning Commission and Council. A notice shall be sent to the Pacifica Historical Society when a permit application is received.

(§ I, Ord. 438-84, January 9, 1985)

Notice of the time and date set for public hearings by the Planning Commission and, on appeal, the Council shall be given as required for use permits by Section 9-4.3302 of Article 33 of Chapter 4 of this title.

(§ I, Ord. 438-84, eff. January 9, 1985, as amended by § 21, Ord. 825-C.S., eff. November 8, 2017; § 15, Ord. 854-C.S., eff. February 26, 2020)

The Planning Commission and, on appeal, the Council shall hold a public hearing before taking action on the permit application. The applicant and any interested party may present testimony or documentary evidence concerning the proposed application.

(§ I, Ord. 438-84, eff. January 9, 1985, as amended by § 21, Ord. 825-C.S., eff. November 8, 2017; § 15, Ord. 854-C.S., eff. February 26, 2020)

(a)

In evaluating applications, the Planning Commission and Council shall consider, among other things, the purposes of this chapter, the historical and architectural value of the landmark, the texture, material, and color of the structure in question and its appurtenant fixtures and signs, the relationship of such features to similar features of other buildings within the area, and the position of such structure in relation to the street and to other structures.

(b)

The Planning Administrator, Planning Commission and Council shall approve an application if they make the following findings:

(1)

That the proposed work will not adversely affect the exterior architectural features of the landmark; and

(2)

That the proposed work will not adversely affect the special historical, architectural, or aesthetic value of the landmark and its site; and

(3)

That the proposed work will not adversely affect the exterior architectural features of the subject property or its relationship, in terms of harmony and appropriateness, with its surroundings and neighboring structures; or

(4)

That the owner would have no reasonable economic use of the structure unless the permit is granted. In any instance where there is a claim of no reasonable economic use or a claim that preservation is infeasible, the applicant shall submit to the City such economic and financial data as required by the Planning Administrator to evaluate such claim, including the cost, assessed value, taxes, appraisals, listings, and income from the property.

(§ I, Ord. 438-84, eff. January 9, 1985, as amended by § 21, Ord. 825-C.S., eff. November 8, 2017; § 15, Ord. 854-C.S., eff. February 26, 2020)

(a)

In evaluating applications, the Planning Commission and Council shall consider, among other things, the purposes of this chapter, the historic and architectural value of the landmark, the economic feasibility of

alternatives to demolition, and the interests of the public in preserving the landmark.

(b)

The Planning Commission and Council shall approve an application if they make any of the following findings:

(1)

That the landmark or portion thereof is in such a deteriorated condition that it is not feasible to restore or preserve it;

(2)

That the owner would have no reasonable economic use of the property unless the structure is removed; or

(3)

That the proposed use will provide an overriding and substantial benefit to the citizens of the City which could not be provided unless the structure is removed.

(c)

In any instance where there is a claim of no reasonable economic use or a claim that preservation is infeasible, the applicant shall submit to the City such economic and financial data as required by the Planning Administrator to evaluate such claim, including the cost, assessed value, taxes, appraisals, listings, and income from the property.

(§ I, Ord. 438-84, eff. January 9, 1985)

An appeal of the Planning Commission's action concerning an historic preservation permit shall be permitted as required for use permits by Section 9-4.3304 of Article 33 of Chapter 4 of this title. An appeal of the Planning Administrator's action concerning an historic preservation permit shall be permitted as required for decisions of the Zoning Administrator by Section 9-4.3804 of Article 38 of Chapter 4 of this title.

(§ I, Ord. 438-84, eff. January 9, 1985, as amended by § 21, Ord. 825-C.S., eff. November 8, 2017)

An historic preservation permit shall expire under the same circumstances as use permits as set forth in Section 9-4.3308 of Article 33 of Chapter 4 of this title.

(§ I, Ord. 438-84, eff. January 9, 1985)

The renewal of an historic preservation permit shall be permitted as permitted for use permits by Section 9- 4.3309 of Article 33 of Chapter 4 of this title.

(§ I, Ord. 438-84, eff. January 9, 1985)