Chapter 21.61 — DENSITY BONUS

The purpose of this chapter is to establish a program in accordance with Section 65915 et seq., of the California Government Code to provide both density increases and other incentives to encourage the creation of housing affordable to moderate-, low-, and very low-income households and units intended to serve seniors, transitional foster youth, disabled veterans, homeless persons, and lower income in the threshold amounts specified in state law.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

General. All proposed housing developments that qualify under California Government Code Section 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code Section 65915, shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions, and obligations set forth in California Government Code Section 65915 et seq., as may be amended.

B.

Compliance. The applicant shall comply with all requirements stated in California Government Code Sections 65915 through 65918 (also referred to as California Government Code Section 65915 et seq. and state density bonus law). The requirements of state density bonus law, and any amendments thereto, shall prevail over any conflicting provision of this code.

C.

Excluded Development. An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under state density bonus law.

D.

Interpretation. The provisions of this subdivision shall be interpreted to implement and be consistent with the requirements of state density bonus law. Any changes to state density bonus law shall be deemed to supersede and govern over any conflicting provisions contained herein. If any portion of this chapter conflicts with state density bonus law or other applicable state law, state law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with state density bonus law.

E.

Replacement Housing Requirement. Pursuant to subdivision (c)(3) of California Government Code Section 65915, the applicant will be ineligible for a density bonus or other incentives unless the applicant complies with the replacement housing requirements therein, including in the following circumstances:

1.

The housing development is proposed on any parcel(s) on which rental dwelling units are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income;

2.

The housing development is proposed on any parcel(s) on which rental dwelling units that were subject to a recorded covenant, ordinance, or law that restricted rents to levels affordable to persons and families of lower or very low income have been vacated or demolished in the five-year period preceding the application;

3.

The housing development is proposed on any parcel(s) on which the dwelling units are occupied by lower or very lowincome households; or

4.

The housing development is proposed on any parcel(s) on which the dwelling units that were occupied by lower or very low-income households have been vacated or demolished in the five-year period preceding the application.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.61.030 - Density increase and other incentives/concessions.

A.

General. If a qualifying affordable housing project or land transfer meets the criteria of California Government Code Section 65915 et seq., the project shall be granted a density bonus, the amount of which shall be as specified in California Government Code Section 65915 et seq., and incentives or concessions also as described in California Government Code Section 65915 et seq.

B.

Density Bonus Units. Except as otherwise required by California Government Code Section 65915, the density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus.

C.

Market-rate Senior Citizen Housing Developments. Market-rate senior citizen housing developments that qualify for a density bonus shall not receive any other incentives or concessions unless California Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.61.040 - Physical constraints and parking waivers.

A.

Physical Constraints. Except as restricted by California Government Code Section 65915 et seq, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The city shall approve a waiver or reduction of a development standard, unless it finds that:

1.

The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;

2.

The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, upon health, safety, or the physical

environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

3.

The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or

4.

The waiver or reduction of the development standard would be contrary to state or federal law.

B.

Parking. The applicant may request, and the city shall grant, a reduction in parking requirements in accordance with California Government Code Section 65915(p), as that section may be amended from time to time.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Consistent with the provisions of California Government Code Section 65915 et seq., prior to a density increase or other incentives being approved for a project, the city and the applicant shall agree in writing to an appropriate method of ensuring the continued availability of the density bonus units.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.61.060 - Application procedure for density increase or other incentives/concessions.

A.

An application for a density increase or other incentives under this chapter for a housing development shall be submitted in writing to the city to be processed concurrently with all other entitlements of the proposed housing development. The application for a housing development shall contain information sufficient to fully evaluate the request under the requirements of this chapter, and in connection with the project for which the request is made, including, but not limited to, the following:

1.

A brief description of the proposed housing development;

2.

The total number of housing units and/or shared housing units proposed in the development project, including unit sizes and number of bedrooms. For the purposes of this section, a "shared housing unit" means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the "minimum room area" specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of "guestroom" in Section R202 of the California Residential Code;

3.

The total number of units proposed to be granted through the density increase and incentive program over and above the otherwise maximum density for the project site;

The total number of units to be made affordable to or reserved for sale, or rental to, very low, low- or moderateincome households, or senior citizens, or other qualifying residents;

5.

The zoning, general plan designations, and assessor's parcel number(s) of the project site;

6.

A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway(s) and parking layout;

7.

Within zoning districts that rely on a form-based code, a base density study that identifies the density feasible on the site without incentives, concessions, or density bonuses;

8.

The proposed method of ensuring the continued availability of the density bonus units; and

9.

A list of any concession(s) or incentive(s) being requested to facilitate the development of the project, and a description of why the concession(s) or incentive(s) is needed.

B.

The application shall be considered by the planning commission and/or the city council at the same time each considers the project for which the request is being made. If the project is not to be otherwise considered by the planning commission or the city council, the request being made under this chapter shall be considered by the director or designee, separately. The request shall be approved if the applicant complies with the provisions of California Government Code Section 65915 et seq.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Chapter 21.62 - HISTORIC PRESERVATION

The purpose of the historic preservation ordinance is to provide for the recognition, preservation, protection, and use of historic resources in the city by establishing procedures and regulations that are necessary to:

A.

Assist the city in identifying and protecting its historic resources;

B.

Ensure that new development maintains continuity with the city's historic character and scale;

C.

Maintain historic resources as community assets; and

D.

Fulfill the city's responsibilities regarding historic resources under applicable state and federal laws, including the California Environmental Quality Act (CEQA) and Section 106 of the National Historic Preservation Act of 1966.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.62.020 - Administrative and review authorities—Powers and duties.

A.

Enabling Authority. California Government Code Sections 65850 and 37361 enable city legislative bodies to provide for "the protection, enhancement; perpetuation, or use of places, sites, buildings, structures, works of art, and other objects having a special character or special historical or aesthetic interest or value."

B.

Powers and Duties of the Zoning Administrator. The zoning administrator shall be the review authority for Certificates of no effect (see Paragraph 21.62.080(A)5. [Criteria and Procedure for Issuance of a Certificate of No Effect]).

C.

Powers and Duties of the Planning Commission.

1.

Authority. The planning commission shall have the power and it shall be its duty to perform the following acts:

a.

Hear appeals of zoning administrator decisions related to historic preservation (see Appeals and Calls for Review [Chapter 21.25]).

b.

Act as the review authority for certificates of appropriateness (see Paragraph 21.62.080(A)6. [Criteria and Procedure for Issuance of a Certificate of Appropriateness]) for projects that affect a local historic resource. For certificates of appropriateness affecting a historic landmark, see Paragraph 21.62.020(C)2.

c.

Encourage public understanding of and involvement in the unique historic, cultural, and architectural heritage of the city through educational and interpretive programs.

d.

Educate property owners and the general public about historic preservation policies, procedures, and practices.

e.

Explore means for the protection, retention, and use of any designated or potential historic resource, but not limited to, appropriate legislation and financing, such as encouraging independent funding organizations or private, local, state or federal assistance.

f.

Pursue or support the designation of individual properties or historic districts in the National Register of Historic Places to enable property owners to make use of federal tax incentives.

g.

Recommend and encourage the protection, enhancement, appreciation, and use of structures of historic, cultural, architectural, community, or aesthetic value which have not been designated as historic resources but are deserving of recognition.

h.

Perform any other functions that may be designated by the city council.

2.

Advisory. The planning commission shall be the advisory body to the city council on the following matters related to historic preservation:

a.

Make recommendations to the city council for certificates of appropriateness (see Paragraph 21.62.080(A)6. [Criteria and Procedure for Issuance of a Certificate of Appropriateness]) that affect a historic landmark.

b.

Make recommendations to the city council for applications for demolition affecting designated historic resources (Subsection 21.62.080(B) [Demolition of Designated Historic Resources).

c.

Make recommendations to the city council for projects affecting city-owned, designated historic resources, including changes to public and semi-public interior spaces.

d.

Recommend to the city council that certain sites, buildings, structures, objects or districts having a significant historical, cultural, architectural, community or aesthetic value as part of the heritage of the city be designated as historic resources or historic districts.

e.

Make recommendations to the city council on issues related to historic preservation in the general plan.

f.

In coordination with the Main Street Association, recommend that the city council confer recognition upon the owners of designated historic resources by means of certificates, plaques, or markers.

g.

Recommend that the city council issue commendations to owners who have rehabilitated their property in an exemplary manner.

h.

Advise the city council and other advisory bodies as necessary on historic preservation issues.

D.

Powers and Duties of the City Council.

1.

The city council shall be the review authority on the following matters related to historic preservation:

a.

Appeals of planning commission decisions related to historic preservation (see appeals and calls for review [Chapter 21.25]);

b.

Certificates of appropriateness (see Paragraph 21.62.080(A)6. [Criteria and Procedure for Issuance of a Certificate of Appropriateness]) for projects that affect a historic landmark;

c.

Projects affecting city-owned, designated historic resources, including changes to public and semi-public interior spaces.

d.

Additions to or removal of local historic resources from the Paso Robles Historic Resources Inventory (Paragraph 21.62.030(A)1.).

e.

Adoption or alteration of a historic district (Paragraph 21.62.030(A)2. [Historic Districts]).

f.

Designation of historic signs (Paragraph 21.62.030(A)3. [Historic Signs]).

g.

Demolitions affecting designated historic resources (Subsection 21.62.080(B) [Demolition of Designated Historic Resources]).

2.

Referral. Matters not previously considered by the planning commission during its hearing may, but need not, be referred back to the planning commission by the city council for report and recommendation. The planning commission may, but need not, hold a public hearing on matters referred to it by the city council.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Within the city, there are locally identified historic resources and there are state or federally identified historic resources as specified in the following subsections.

A.

Local Historic Resources. A building, structure, object, or site is designated a historic resource in the city if it is listed in the Paso Robles Historic Resources Inventory or is a contributor to a designated historic district. Historic resources

and contributors to designated historic districts are eligible for special protection and incentives that non-designated historic resources do not receive. The city has three designation categories to recognize local historic resources:

1.

Historic Resources Inventory. The Paso Robles Historic Resources Inventory identifies buildings, structures, objects, and sites that are designated historic resources due to individual historic significance with character defining features, integrity of location, design, setting, materials, workmanship, feeling, or association, that meets at least one of the following criteria:

a.

Are identified as historic resources through survey or other evaluation;

b.

Are included on any list of historic and cultural resources, including, but not limited to, the National Register of Historic Places, the California Register, and the state historic resources inventory (with a California Historic Resource Status Code of 1-5);

c.

The resource reflects special elements of the city's historical, archaeological, cultural, social, economic, aesthetic, engineering, or architectural development;

d.

It is identified with persons or events significant in local, state, or national history;

e.

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; or whether the building or structure represents an established and familiar visual feature of a neighborhood or community of the city;

f.

It has yielded or has the potential to yield, information important to the history or prehistory of Paso Robles, California, or the nation; or

g.

The interior of a public or semi-public space or feature may be designated as part of a historic resource if it meets all of the following criteria:

i.

Historically the space has been open to the public;

ii.

The materials, finishes, or detailing are intact, or later additions are reversible;

iii.

The plan, layout, and features of the space are illustrative of its historic function;

iv.

Its form and features articulate a particular concept of design; or

v.

There is evidence of distinctive craftsmanship.

The Paso Robles Historic Resources Inventory shall be kept on file with the community development department, and distributed to the city clerk, the public works director, the emergency services director, the Paso Robles Historical Society, and the Paso Robles Public Library.

2.

Historic Districts. A historic district is a significant concentration, linkage, or continuity of buildings, structures, objects, or sites unified historically or aesthetically in a distinguishable way or in a geographically definable area. A historic district will typically have both contributors and noncontributors within its boundaries. Contributors are considered historic resources and are eligible for special protection and incentives that noncontributors do not receive. Noncontributors are not regulated under this chapter. The criteria for designating a historic district are buildings, structures, objects, or sites that relate to each other in a distinguishable way or in a geographically definable area may be designated as a historic district by meeting at least one of the following:

a.

They are a contiguous grouping of resources that meet at least one of the criteria identified for inclusion on the historic resource inventory;

b.

They are a noncontiguous grouping of thematically related properties;

c.

They are in a definable area possessing a concentration of historic, scenic, or thematic sites, which contribute to each other and are unified by plan, physical development, or architectural quality;

d.

They reflect significant geographical patterns, including those associated with different eras of settlement and growth, particular transportation modes, or distinctive examples of park or community planning; or

e.

They have a unique location, singular physical characteristics, or are an established and familiar visual feature of a neighborhood, community, or the city.

3.

Historic Signs. The city council may declare a sign to be of "historic significance" upon application by the sign's owner and a recommendation from the planning commission. For a sign to be declared "historically significant" and added to the historic resources inventory, all the following conditions shall be met:

a.

Time. The sign and the use to which it pertains shall have been in continuous existence at the present location for not less than twenty consecutive years.

b.

Graphic. The sign is an appurtenant graphic (for example, an on-premises sign that relates to the use of the property).

c.

Uniqueness. The sign is unique and enhances the cultural, historic, or aesthetic quality of the community, as determined by the director.

d.

Safety. The sign is structurally safe or is capable of being made so without substantially altering its historic significance.

B.

Historic Landmarks. A historic landmark is a building, structure, object, or site on a state or federal historic registry, or on the state historic resources inventory (with a California Historic Resource Status Code of 1-5).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Historic Resources Inventory. The city shall create and maintain a list of historic resources in Paso Robles known as the historic resources inventory, which shall be adopted by resolution of the city council.

B.

Historic Districts. Historic districts shall be shown on the zoning map per Section 21.36.030 (Historic Preservation Overlay).

C.

Historic Landmarks. Historic landmarks shall be those listed in the California Register of Historic Resources, National Register of Historic Places, or similar state of federal historic registry.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.62.050 - Procedure for designation of historic resources.

A.

The designation of local historic resources shall be approved by the city council upon the recommendation of the planning commission in the following manner:

1.

Nominations for designation on or removal from the Paso Robles Historic Resources Inventory may be initiated by the owner of record of the property or structure, the zoning administrator, the planning commission, the city council, or any other organization with a recognized interest in historical preservation.

2.

Nominations for designation or alteration of historic districts may be initiated by the owner of a property that is included in the proposed district, the zoning administrator, the planning commission, the city council, or any other organization with a recognized interest in historical preservation.

3.

Applications originating from outside the zoning administrator, the planning commission, or the city council shall complete the nomination form provided by the community development department and shall be accompanied by applicable fees.

4.

For designation or alteration of a historic district, the applicant shall provide documentation by letter or petition that a majority of the owners of property within the proposed district support the designation; a map with the boundaries of the proposed district; and an inventory and photographs of all properties in the proposed district, including both contributing and noncontributing properties.

5.

For alteration to the historic resources inventory, if the applicant is not the owner of the property, the community development department shall, within ten days of receipt of the nomination, notify the owner in writing that an application for designation has been submitted. For designation of a historic district, the community development department shall, within ten days of receipt of the nomination, notify all property owners within the proposed district in writing that an application for designation has been submitted.

6.

Within thirty days of the receipt of a nomination, the director shall determine if the nomination form is complete.

7.

There shall be a work moratorium beginning the day the nomination form is deemed complete while the planning commission's public hearing or the city council's decision is pending. During the moratorium, demolition or alteration permits will not be issued. The work moratorium will end upon the earlier of the city council's decision on the proposed designation, a moratorium termination date designated by the city council, or one hundred eighty calendar days from the date of commencement of the moratorium, whichever is less.

8.

The planning commission shall schedule a public hearing on all nominations, whether originating with the commission or with another party. If a nomination originates from outside the commission, the public hearing shall be held within ninety days of the receipt of a complete application for designation.

9.

After the public hearing, the planning commission shall recommend approval in whole or in part or disapproval of the application for designation in writing to the city council, outlining the findings used to make its decision.

10.

The city council, within sixty days of the planning commission's recommendations concerning proposed designations, shall schedule a public hearing on all nominations and by resolution approve the recommendations in

whole or in part, or shall by motion disapprove them in their entirety. If the city council approves a proposed designation, notice of the city council's decision shall be sent to applicants and owners of a designated property.

11.

Matters not previously considered by the planning commission during its hearing may, but need not, be referred back to the planning commission by the city council for report and recommendation.

12.

Notice of the hearings shall be given in the manner provided for in Chapter 21.26 (Public Hearings and Notice).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The city council, upon the recommendation of the planning commission, may amend or rescind any designation of a historic resource, in the same manner and procedure described in Section 21.62.050 (Procedure for Designation of Historic Resources).

In rescinding or amending the designation of a historic resource, the city council shall make the finding that the building, structure, object, or district no longer meets the designation criteria due to:

A.

New information that compromises the significance of the property; or

B.

Destruction of the historic resource or contributor to a historic district through a catastrophic event that has rendered the structure a hazard to public health, safety, or welfare; or

C.

The demolition, relocation, or removal of the historic resource or contributor to a historic district.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Within thirty days of receipt of an application for a building permit to demolish or relocate a structure pursuant to Municipal Code Chapter 17.16 (Demolition of Buildings and Structures), but prior to the issuance of said building permit, the zoning administrator shall determine whether the structure has potential historic significance based on the criteria for the designation of historic resources in this chapter. If the zoning administrator determines that such potential exists, the structure shall not be demolished or relocated unless and until an environmental assessment is completed pursuant to the provisions of the California Environmental Quality Act (CEQA). The cost of conducting this environmental assessment shall be borne entirely by the applicant for the demolition permit.

If an environmental assessment is completed pursuant to CEQA and findings indicate that demolition of the structure would have a significant effect on the environment, the structure shall not be demolished or relocated unless the city council, based on a recommendation from the planning commission, makes one or more of the following findings:

A.

That the demolition or relocation of the structure is necessary to proceed with a project consistent with and supportive of identified goals and objectives of the general plan, and the demolition of the structure will not have a significant effect on the achievement of the purposes of this division or the potential effect is outweighed by the benefits of the new project;

B.

In the case of an application for a permit to relocate, that the structure may be moved without destroying its historic or architectural integrity and importance; or

C.

That the demolition or relocation of the structure is necessary to protect or to promote the health, safety, or welfare of the citizens of the city, including the need to eliminate or avoid blight or nuisance.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

21.62.080 - Alteration, demolition, or relocation of a historic resource.

A.

Alteration and Repair to Historic Resources.

1.

Approval Process for Alterations or Repairs to Historic Resources. It shall be unlawful for any person, owner, or entity to directly or indirectly alter, remodel, demolish, grade, remove, construct, reconstruct, or restore any designated historic, without first obtaining a certificate of appropriateness or certificate of no effect.

2.

California Historical Building Code. When a building is determined eligible by the building official, an applicant may opt to utilize the California Historical Building Code for alterations to historical resources.

3.

Alterations that are Exempt from Review. The provisions for the issuance of a certificate of appropriateness or a certificate of no effect shall not be construed to prevent ordinary maintenance and repair which does not change the design, materials, architectural elements, or site features of a designated historic resource or a building, structure, object, or site listed in the Paso Robles Historic Resources Inventory. The following activities may be exempted from the review procedures:

a.

Routine maintenance and minor repairs;

b.

Exterior painting;

c.

Replacing deteriorated roofing materials with the same type of material already in use;

d.

Addition or removal of screens, awnings, canopies and similar incidental appurtenances;

e.

Addition or removal of landscape walls and fences;

f.

Addition or removal of exterior lighting;

g.

Addition or removal of landscaping;

h.

Addition or removal of driveways and walkways; and

i.

Interior alterations (unless a historic resource designation includes interior features).

4.

Alterations that Require Review. All proposed alterations or repairs to a designated historic resource that are not listed in Paragraph 21.62.080(A)3. (Alterations that are Exempt from Review), shall receive a certificate of no effect or a certificate of appropriateness from applicable review authority prior to the commencement of any work.

The zoning administrator can issue a certificate of appropriateness if it is determined that demolition, removal, or substantial alteration of a historic resource is immediately necessary to protect the public health, safety, or welfare.

5.

Criteria and Procedure for Issuance of a Certificate of No Effect.

a.

Findings. The zoning administrator shall issue a certificate of no effect if all of the following findings are made:

i.

The work is minor and clearly meets applicable city design guidelines and the Secretary of the Interior's Standards for Rehabilitation; and

ii.

The proposed work will not diminish, eliminate or adversely affect the character of the historic resource; and

iii.

The project is exempt from environmental review pursuant to the state CEQA guidelines.

b.

Eligibility. If the zoning administrator determines that the proposed work is not eligible for a certificate of no effect, then the applicant shall apply for and obtain a certificate of appropriateness.

c.

Expiration. The certificate of no effect shall expire one year from the date of issuance unless work is started within that time. No changes shall be made to the approved plans for which a certificate of no effect was issued without resubmitting to the zoning administrator for approval of the changes.

6.

Criteria and Procedure for Issuance of a Certificate of Appropriateness.

a.

Findings. The review authority shall issue a certificate of appropriateness if all the following findings are made:

i.

The proposed work will not diminish, eliminate or adversely affect the character of the historic resource; and

ii.

The proposed work is found to be consistent with applicable design guidelines adopted by the city council. In the absence of applicable design guidelines, the proposed work is found to be consistent with the Secretary of the Interior's Standards for Rehabilitation; and

iii.

The project will not cause a significant adverse effect as defined in the state CEQA guidelines.

b.

Procedure. The review authority shall conduct a public hearing and shall make findings to approve, deny, approve with conditions, or continue the application with specific direction for additional information needed to make a recommendation or decision.

c.

Expiration. A certificate of appropriateness shall expire twelve months from the date of issuance unless work is started within that time or a time extension application has been received with applicable fee. No changes shall be made to the approved plans after the issuance of a certificate of appropriateness without resubmittal and determination of the necessary approval process for the proposed changes.

d.

Process for Revocation of Certificate of Appropriateness. Revocation proceedings may be initiated upon a motion by the zoning administrator, planning commission, or city council. Once revocation proceedings have been initiated, all work being done in reliance upon such certificate or associated permits shall be immediately suspended until a final determination is made regarding the revocation. The decision to revoke a certificate of appropriateness shall be made by the review authority which approved the certificate following a noticed public hearing. A certificate of appropriateness may be revoked or modified for any of the following reasons:

i.

Noncompliance with any terms or conditions of the certificate of appropriateness;

ii.

Noncompliance with any provisions of this chapter; or

iii.

A finding of fraud or misrepresentation used in the process of obtaining the certificate.

B.

Demolition of Designated Historic Resources.

1.

Approval Process for the Demolition of Designated Historic Resources. No person shall demolish any building or structure until a permit has been issued by the building official in accordance with the provisions set forth in Municipal Code Chapter 17.16 (Demolition of Buildings and Structures).

Upon receipt of an application for a permit to demolish a building or structure, the building official shall forward the application to the zoning administrator, who shall determine if the building or structure is a designated historic resource.

2.

Process for Issuance of a Demolition Permit for a Designated Historic Resource. If the zoning administrator determines that the building or structure proposed for demolition is a designated historic resource, the planning commission shall make a recommendation to the city council, who will make the final determination per the procedures outlined in Municipal Code Section 17.16.050 (Processing Procedures) after conducting a public hearing.

for a Designated Historic Resource. If the zoning administrator determines that the building or structure proposed for demolition is a designated historic resource, the planning commission shall make a recommendation to the city council, who will make the final determination per the procedures outlined in Municipal Code Section 17.16.050 (Processing Procedures) after conducting a public hearing.

The city council may require a one-hundred-eighty-day continuance for consideration of the demolition permit request with an option to extend the continuance for an additional one-hundred-eighty-day period should that become necessary. The purpose of the continuance, and the possible extension, is to provide adequate time to investigate alternatives to demolition.

The building or structure shall not be demolished unless the city council, with a recommendation from the planning commission, makes one or more of the following findings:

a.

There is no feasible alternative to demolition.

b.

There is sufficient evidence, including evidence provided by the applicant, that the property retains no reasonable economic use, taking into account the condition of the structure, its location, the current market value, and the costs of rehabilitation to meet the requirements of the building code or other city, state or federal law;

c.

That the demolition or relocation of the structure is necessary to proceed with a project consistent with and supportive of identified goals and objectives of the general plan, and the demolition of the structure will not have a significant effect on the achievement of the purposes of this division or the potential effect is outweighed by the benefits of the new project;

d.

In the case of an application for a permit to relocate, that the structure may be moved without destroying its historic or architectural integrity and importance; or

e.

That the demolition or relocation of the structure is necessary to protect or to promote the health, safety or welfare of the citizens of the city, including the need to eliminate or avoid blight or nuisance.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

In addition to any other incentive of federal or state law, owners of properties designated as historic resources or contributors to historic districts may apply for the following:

A.

Use of the California Historic Building Code. Whenever applicable, the property owner may elect to use the California Historic Building Code for alterations, restorations, new construction, removal, relocation, or demolition of a designated historic resource.

B.

Parking Requirement Reduction. Addition of floor area to a building designated as a historic resource or a contributor to a historic district of up to twenty-five percent shall be exempt from the city's standard parking requirements if such addition is determined by the review authority to preserve or enhance the historical features of the building, consistent with Paragraph 21.62.080(A)5. (Criteria and Procedure for Issuance of a Certificate of No Effect) and Paragraph 21.62.080(A)6. (Criteria and Procedure for Issues of a Certificate of Appropriateness).

C.

Change of Use. The city will encourage compatible adaptive reuse of historic properties.

D.

Technical Assistance. The city will provide technical advice and assistance to owners of historic resources regarding grants, and state and federal preservation incentives for historic resources.

E.

Mills Act Historic Property Contracts. The city will implement California Government Code Sections 50280—50290, allowing the approval of historic property contracts by establishing a uniform procedure for the owners of qualified historic properties within the city to enter into contracts with the city.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Purpose. The purpose of this section is to preserve, protect, and perpetuate the elements of the historic fabric unique to designated historic resources and contributors to historic districts, and to prevent the need for demolition or destruction due to neglect of important resources in the city's history.

B.

Maintenance Requirements.

1.

Designated historic resources and contributors to historic districts shall be maintained in good repair.

2.

Designated historic resources and contributors to historic districts shall be maintained in watertight condition to preclude decay problems caused by water. Deteriorated, insufficient, or ineffective waterproofing of exterior walls, roofs, foundations, floors, windows, or doors shall be promptly addressed to prevent further decay, deterioration, or possibility of injury to the public and/or the property.

3.

The façade shall be properly maintained through repair, paint, or any necessary treatment, so as to prevent decay, water or moisture intrusion, damage to the structure, and/or injury to the public. Defective or insufficient weather protection for exterior treatments and facades, including lack of paint or protective covering shall be promptly addressed, and repaired or stabilized to prevent further decay, deterioration, and possibility of injury to members of the public and/or property.

4.

Roof, foundation, and structure shall be maintained through proper treatment and repair to prevent decay, demolition by neglect, loss of historic materials and features, damage to the structure, and/or injury to the public. Defective materials or deterioration which may cause any or all portions of roofs, foundations, walls, or other structural members to deteriorate shall be promptly addressed, and repaired or stabilized to prevent further decay, deterioration, loss of historic fabric, and possibility of injury to members of the public and/or property.

5.

Buildings elements such as cornices, chimneys, etc. shall be properly maintained to prevent decay, demolition by neglect, loss of historic fabric, and possibility of injury. Deteriorated or defective building elements shall be promptly addressed, and repaired or stabilized to prevent further decay, deterioration, loss of historic fabric, and possibility of injury to members of the public and/or property.

C.

Penalty for Demolition without a Demolition Permit. If a designated historic resource is demolished without a demolition permit as required by this chapter, no building or construction-related permits shall be issued, and no permits or use of the property shall be allowed, from the date of demolition for a period of three years.

D.

Procedure for Applying Penalties.

1.

For purposes of this section, the demolition shall be presumed to have occurred on the date the city has actual knowledge of the demolition. The owner shall have the burden of proving a different date if one is claimed.

2.

The zoning administrator shall provide notice by certified mail of the applicability of this section to the property owner and any other person known to have an interest in the property as soon as practicable after having knowledge that the provisions of this section are applicable to the subject property. The date the city first had actual knowledge of the demolition shall be stated in the notice.

3.

The zoning administrator's decision may be appealed pursuant to Chapter 21.25 (Appeals and Calls for Review).

4.

The review authority may grant relief from the requirements of this section if the following findings are made:

a.

The violation of this section did not involve a historic resource, either individually or as a contributor to a district; or

b.

New construction serves an overriding public benefit and will not be detrimental or injurious to property or improvements in the vicinity of the project site, or to the public health, safety, or general welfare.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)