Part 5 — HISTORIC PRESERVATION

It is hereby found that the protection, enhancement, perpetuation and use of structures, districts, lands, and neighborhoods of historic, archaeological, architectural, and engineering significance, located within the city of Santa Cruz, are of cultural and aesthetic benefit to the community. It is further found that respecting the heritage of the city will enhance the economic, cultural and aesthetic standing of this city. The purpose of provisions in this title related to historic preservation is to:

1. Designate, preserve, protect, enhance, and perpetuate those historic structures, districts, and neighborhoods contributing to cultural and aesthetic benefit of Santa Cruz;

2. Foster civic pride in the beauty and accomplishments of the past;

3. Stabilize and improve the economic value of certain historic structures, districts, and neighborhoods;

4. Protect and enhance the city’s cultural, archaeological and aesthetic heritage;

5. Promote and encourage continued private ownership and use of such buildings and other structures now so owned and used, to the extent that the objectives listed above can be obtained under such policy;

6. Serve as part of the Local Coastal Implementation Plan for the Coastal Program. (Ord. 2003-14 § 1 (part), 2003: Ord. 94-33 § 60, 1994: Ord. 85-05 § 1 (part), 1985).

The following procedures related to historic preservation are authorized by this title:

1. Historic District Designation (Part 2, Chapter 24.06).

2. Historic Landmark Designation (Section 24.12.420).

3. Archaeological Procedures (Section 24.12.430).

4. Procedure for Amending Historic Building Survey (Section 24.12.440).

5. Procedure; New Construction in Historic Districts (Section 24.12.450).

6. Historic Alteration Permit (Part 10, Chapter 24.08).

7. Historic Demolition Permit (Part 11, Chapter 24.08).

8. Historic Overlay District (Part 22, Chapter 24.10). (Ord. 2003-14 § 1 (part), 2003: Ord. 86-13 § 6, 1986: Ord. 85-05 § 1 (part), 1985).

1. Purpose. The purpose of this procedure is to provide for the designation/deletion of an individual structure or other feature, or group of structures on a single lot or site, or a site having special aesthetic, cultural, architectural, or engineering interest or value of an historical nature as a “landmark.”

2. Procedure. a. Designation/deletion of landmarks may be proposed by the city council, historic preservation commission, the secretary to the historic preservation commission (planning director), or on application of the owners, or their authorized agents, of the property for which designation is requested.

b. Each proposal shall be considered by the historic preservation commission at a public hearing, allowing time for notice to the owner or owners of the property and to the public pursuant to the provisions of Chapter 24.04. The Commission shall encourage public participation in the hearing and the presentation of testimony about the property under consideration. The staff may prepare a summary of information about the property prior to the hearing. When recommending the approval of a designation or a deletion, the Commission shall prepare a report setting forth the factual basis for the required findings.

c. After receiving a recommendation from the historic preservation commission, the city

24-165

(Supp. No. xx – 3/28/2024)

24.12.430

council shall hold a public hearing at the earliest possible date of a regular meeting, allowing time for public notice.

3. Findings Required. Prior to the historic preservation commission recommending approval of landmark designation or deletion to the city council and prior to the city council approving the application, each shall find as appropriate:

a. That the proposed landmark, or group of structures, or features thereof has or no longer has significant aesthetic, cultural, architectural, or engineering interest or value of an historical nature.

b. That approval or modified approval of the application to designate or delete a landmark is consistent with the purposes and criteria of the city’s historic preservation policies set forth in Section 24.12.400 herein, and the Cultural Resources Element of the General Plan.

(Ord. 2003-14 § 1 (part), 2003: Ord. 94-33 § 61, 1994: Ord. 86-13 § 6, 1986: Ord. 85-05 § 1 (part), 1985).

1. Policy and Purpose. Existing in Santa Cruz are certain deposits and sites of cultural significance believed to have been left by Native Americans and other early inhabitants. These deposits and sites are unique and irreplaceable phenomena of significance in the history of the city and the understanding of the cultural heritage of our land and of all humankind. Such sites have a deep, spiritual significance to Native Americans, especially the native peoples of the state of California, and constitute a precious archaeological and historical heritage which is fast disappearing as a result of public and private land development. Uncontrolled excavation or modification of these resources would destroy their cultural integrity. This loss would affect future generations and must be prevented in the public interest. Such cultural resources should be

preserved in an undisturbed state wherever possible for future generations who should be more skilled and have access to better methods of study. In order to promote the public welfare, it is necessary to provide regulations for the protection, enhancement, and perpetuation of such sites. This section, therefore, is intended to provide a procedure for preserving the valuable cultural resources in the city of Santa Cruz. It should be noted that California Public Resources Code Section 5097.9 and Health and Safety Code Section 7050.5 protect archaeological and paleontological resources and supersede any local regulations.

2. Archaeological reconnaissance is required on sites proposed for development within areas identified as “highly sensitive” or “sensitive” on the general plan maps labeled “areas of archaeological sensitivity” and “historical archaeology sensitivity” prior to the issue of building or development permits.

3. An archaeological reconnaissance shall include archival research, site surveys and necessary supplemental testing as may be required and shall be conducted by a qualified archaeologist. The significance of identified resources shall be ascertained in accordance with CEQA definitions. If significant impacts are identified, impacts and mitigation measures outlined could include but are not limited to avoidance, project redesign, deposit capping, resource recovery options and/or on-site monitoring by an archaeologist during excavation activities. A written report describing the archaeological findings of the research or survey shall be provided to the city and development applications shall demonstrate compliance with any recommended mitigations identified in the required report.

4. Exemptions for minor development are allowed within “sensitive” areas only. “Minor development” is defined for this purpose as development that involves spot excavation to a depth of twelve inches or less below existing grade or uses that have virtually no potential of resulting in significant impacts to archaeologi-

24-166

(Supp. No. xx – 3/28/2024)

24.12.430

cal deposits. Exempt projects may include: building additions, outdoor decks, or excavation in soil that can be documented as previously disturbed.

5. Developer’s Action on Discovery of Artifacts or Remains During Excavation or Development. Any person exercising a development permit or building permit who, at any time in the preparation for or process of excavating or otherwise disturbing earth, discovers any human remains of any age or any artifact or any other object which reasonably appears to be evidence of an archaeological/cultural resource, shall:

a. Immediately cease all further excavation, disturbance, and work on the project site; b. Cause staking to be placed completely around the area of discovery by visible stakes not more than ten feet apart forming a circle having a radius of not less than one hundred feet from the point of discovery; provided, that such staking need not take place on adjoining property unless the owner of the adjoining property authorizes such staking;

c. Notify the Santa Cruz County sheriffcoroner and the city of Santa Cruz planning director of the discovery unless no human remains have been discovered, in which case the property owner shall notify only the planning director;

d. Grant permission to all duly authorized representatives of the sheriff-coroner and the planning director to enter onto the property and to take all actions consistent with this section.

6. Coroner’s Action on Discovery of Remains. If human remains are discovered, the sheriff-coroner or his/her representative shall promptly inspect the remains to determine the age and ethnic character of the remains and shall promptly, after making such determinations, notify the planning director. If the remains are found to be Native American in origin, the sheriff-coroner shall notify the Native American Heritage Commission. The Native American Heritage Commission will identify the Native American most likely

descendant who will provide recommendations for the proper treatment of the remains and associated artifacts per California State Resources Code Section 5079.9.

7. Planning Director’s Action on Discovery of Artifacts. If any artifacts are discovered, the planning director shall cause an on-site inspection of the property to be made. The purpose of the inspection shall be to determine whether the discovery is of an archaeological resource or cultural resource. In making a determination, the planning director may also consult with Native American groups, qualified archaeologists, or others with the necessary expertise.

8. Discovery Not an Archaeological/Cultural Resource. Upon determining that the discovery is not of an archaeological/cultural resource, the planning director shall notify the property owner of such determination and shall authorize the resumption of work.

9. Discovery an Archaeological/Cultural Resource. Upon determining that the discovery is of an archaeological/cultural resource, the planning director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other measures have been approved by the director for the protection of the site.

10. Mitigation Plan. The property owner or his/her agent shall prepare any required mitigation plan. The mitigation plan shall include conditions necessary or appropriate for the protection of the resource including, but not limited to, conditions on the resumption of work, redesign of the project, or other conditions deemed appropriate by the planning director. The director shall review the mitigation plan and may consult with Native Americans, archaeologists, or other interested persons to ensure proper protection of the resource. When the director is satisfied that the mitigation plan is adequate and that the development plan has been altered sufficiently to demonstrate compliance with all recommended mitigations of the mitigation plan, the director shall authorize

24-167

(Supp. No. xx – 3/28/2024)

24.12.431

the resumption of work in conformance with the mitigation plan.

11. Referral to Historic Preservation Commission. The planning director may refer to the historic preservation commission the decision whether the discovery is of an archaeological/ cultural resource and the decision whether the mitigation plan is adequate to protect the resource. If the director refers the matter to the historic preservation commission, a public hearing shall be held in conformity with the requirements of this title relating to public hearings.

(Ord. 2022-19 § 51, 2022; Ord. 2013-09 § 1, 2013: Ord. 2003-14 § 1 (part), 2003: Ord. 8613 § 6, 1986: Ord. 85-05 § 1 (part), 1985).

1. The city shall notify applicants with development projects within sensitive paleontological areas of the potential for encountering such resources during construction and condition approvals that work will be halted and resources examined in the event of encountering paleontological resources during construction. If the find is significant, the city will require the treatment of the find in accordance with the recommendations of the evaluating paleontologist. Treatment may include, but is not limited to, specimen recovery and curation or thorough documentation. (Ord. 2013-09 § 2, 2013).

tained on file in the office of the city clerk, city of Santa Cruz, for the use of, and examination by, the public. See Chapter 24.08 for permits and requirements relating to Historic Building Survey buildings.

2. Procedure for Amending Historic Building Survey.

a. The city council may amend the Historic Building Survey by resolution by adding buildings or property to the survey or deleting buildings or property from the survey. This shall be done following a recommendation by the historic preservation commission. The historic preservation commission shall report to the city council on changes to buildings or property listed on the survey, and the commission shall recommend initiation of a new survey when there is a need to update the Historic Building Survey.

b. A public hearing shall be held by both the city historic preservation commission and the city council, allowing time for notice to the owner or owners of the property and to the public pursuant to the provisions of Chapter 24.04.

c. Actions by both bodies shall be based on the following criteria:

• The property is either a building, site, or object that is:

1. Recognized as a significant example of the cultural, natural, archaeological, or built heritage of the city, state, or nation; and/or

2. Associated with a significant local, state, or national event; and/or

3. Associated with a person or persons who significantly contributed to the development of the city, state, or nation; and/or

4. Background – Availability. The Santa Cruz Historic Building Survey, Volume I – prepared for the city of Santa Cruz by Charles Hall Page and Associates Inc., and published in 1976, and Volume II – prepared by John Chase, Daryl Allen and Jeanne Gordon, and published is 1989, is hereby adopted, as amended, as the Santa Cruz Historic Building Survey, and is incorporated herein by reference. Three copies of said building survey are, and shall be, main-

24-168

(Supp. No. xx – 3/28/2024)

24.12.445

4. Associated with an architect, designer, or builder whose work has influenced the development of the city, state, or nation; and/or

5. Recognized as possessing special aesthetic merit or value as a building with quality of architecture and that retains sufficient features showing its architectural significance; and/or

6. Recognized as possessing distinctive stylistic characteristics or workmanship significant for the study of a period, method of construction, or use of native materials; and/or

7. Retains sufficient integrity to accurately convey its significance.

• The district is:

8. Recognized as a geographically definable area possessing a significant concentration of buildings that are well designed and other structures, sites, and objects which are united by past events or by a plan or physical development; or is

9. Recognized as an established and geographically definable neighborhood united by culture, architectural styles or physical development.

d. Upon the initiation of an amendment to the Historic Building Survey to add a building or buildings, no zoning or building or demolition permit shall be issued for a period of sixty days or until final action by the city council, whichever occurs first. An exception may be made where public health and safety require it. A public hearing shall be held upon any initiation of an amendment to the Historic Building Survey.

(Ord. 2003-14 § 1 (part), 2003: Ord. 86-13 § 6, 1986: Ord. 85-05 § 1 (part), 1985).

24.12.445 VARIATIONS TO REGULATIONS FOR BUILDINGS AND SITES ON CITY HISTORIC BUILDING SURVEY AND CONTRIBUTING BUILDINGS WITHIN CITY HISTORIC DISTRICTS.

Purpose: The purpose of these variations is to create incentives to help preserve, maintain and rehabilitate existing historic properties. Another purpose is to ensure that new construction and alterations are allowed in a manner which retains the integrity of the city’s historic landmarks, buildings, sites, objects, and contributing buildings within districts.

1. Procedure. To obtain approval of any variation, an historic alteration permit is required and shall be approved in accordance with Sections 24.08.900 through 24.08.940, and shall also meet all of the relevant additional findings listed in Section 24.12.450. For use variations, an administrative use permit shall be approved by the zoning administrator in accordance with Sections 24.08.010 through 24.08.050 and must also meet all of the relevant additional findings listed in Section 24.12.450. For development within the Coastal Zone, a coastal permit may also be required in conformance with Section 24.08.200 et seq., and the findings and standards specified in the historic alteration permit shall also serve as coastal permit requirements, in addition to all other applicable LCP provisions. In the event of a conflict between the historic alteration permit requirements and the LCP’s coastal resource protection requirements (including related coastal hazards, sensitive habitat, agriculture, public recreational access, and open space), the coastal permit/LCP’s coastal resource protection requirements shall govern.

a. Variations to Development Standards. District regulations for height, stories, parking, setbacks, projections into required yards, open space, lot coverage, rear yard coverage, floor area limitations, fence heights, slope regulations and yards may be modified to the extent

24-168.1

(Supp. No. xx – 9/22/2025)

24.12.450

that it promotes the preservation, maintenance and rehabilitation of an historic structure or site.

b. Variations to Uses. The following additional uses may be allowed on lots with listed historic buildings and on lots with contributing buildings within an historic district. This provision encourages the adaptive reuse of designated historic resources by permitting an additional use within some areas otherwise zoned primarily for residential, commercial or industrial uses.

1. Multifamily uses in single-family residential zone districts, subject to RL zoning density, lot size and lot width standards.

2. Business and professional office uses (not including medical offices) in residential zone districts on up to two parcels where the majority of the parcel is within one hundred feet of commercially zoned property except for CN-zoned properties.

3. Expansion of single-family homes in RM and RT zone districts.

4. Expansion of nonconforming structures and uses.

5. Residential uses may be allowed on the ground floor in commercial zones, except in the Downtown Plan area and in the community commercial and mixed-use zones of the Mission Street Urban Design Plan area. In the professional and administrative office zone of the Mission Street Urban Design Plan area, residential uses may be allowed on the ground floor as part of a multifamily or mixed use. (Ord. 2025-15 § 36, 2025; Ord. 2024-11 § 1, 2024; Ord. 2020-19 § 2, 2020; Ord. 2012-19 § 2 (part), 2012: Ord. 2003-14 § 1 (part), 2003: Ord. 91-16 § 1, 1991).

6. For All Variations: That the project involves rehabilitation and maintenance of historic structure(s) on the site to promote their long-term preservation.

7. For Lot Coverage and Floor Area Limitation Variations on Substandard Lots: That the variation results in a structure which is compatible with the following standards:

• The maximum allowable lot coverage for structures shall be fifty-five percent;

• The floor area for second stories shall not exceed fifty percent of the first-floor area, except in cases where the first floor constitutes forty percent or less lot coverage.

3. For Use Variations: That the use variation promotes the preservation and maintenance of the historic structure, and the effects of the proposed use, including traffic and parking, will not be detrimental to the surrounding area.

4. For Parking Variations: That such variation will not significantly affect traffic and parking on adjacent and nearby streets and properties. (Ord. 2024-11 § 2, 2024; Ord. 2012-19 § 2 (part), 2012).