Santa Maria Municipal Code Ch. 8-3 Historical Landmarks

The purpose of this chapter, which is adopted pursuant to Section 37361 of the Government Code of the State, is to promote the general and economic welfare of the City by preserving and protecting those places, sites, buildings, structures, works of art and other objects having a special historical, cultural or aesthetic character or interest for the use, education and view of the general public, and to remind all citizens of this City and visitors from elsewhere of the historical backgrounds of the City.

(Ord. 88-18 § 5, eff. 10/20/88; Ord. 2022-04, eff. 7/7/22)

The Recreation and Parks Commission is authorized and directed to receive and act upon applications from any interested persons to investigate and designate places, sites, buildings, structures, works of art and other objects within the incorporated limits of the City as having historic, cultural, aesthetic or other special character or interest, and being worthy of consideration for protection, enhancement or perpetuation as such. Such designation, together with any agreement entered into in connection therewith, shall remain and be in effect for a period of 90 days only and thereafter shall be of no force and effect unless prior to the expiration of that period of 90 days the City Council has set a date for a public hearing, advertised the hearing once in a newspaper of general circulation in the City at least 10 days prior to the date set for the public hearing, and has confirmed the action of the Recreation and Parks Commission within the 90 day period as to the designation and agreement entered into in connection with the designation. In cases where private property is the subject of the hearing notice shall be served by mail upon the owner and lienholders of record of the property at least 10 days prior to the date set for the public hearing.

(Ord. 88-18 § 5, eff. 10/20/88; Ord. 2001-24, eff. 1/18/02; Ord. 2022-04, eff. 7/7/22)

The Recreation and Parks Commission is further authorized and directed to locate and identify other places, sites, buildings, structures, and works of art as having historical merit which may satisfy the requirements for designation as an historical landmark or which may by the application of other standards, or by reason of a unique feature, have, in the opinion of the Recreation and Parks Commission, special historical, aesthetic or cultural value.

Places, sites, buildings, structures, and works of art may be designated as having historical merit by the Recreation and Parks Commission under the provisions of this section, even though the premises may not qualify for designation as an historical landmark.

The historic merit designation under the provisions of this section shall not, by reason of such designation, require the conditions or restrictions on use, improvement or renovation of the premises which are provided for in this chapter. The Recreation and Parks Commission may, however, require maintenance of the premises as a condition for continued recognition of the historic merit of the premises.

The Recreation and Parks Commission may make a designation of historic merit, pursuant to this section, by resolution of the Parks and Recreation Commission adopted in a regular or special meeting called for that purpose. Prior to the Recreation and Parks Commission's action, however, the Recreation and Parks Commission must obtain the permission of the owner or owners of the premises as appearing on the latest available county assessor's records. The owner or owners shall be notified at least 10 days prior to the Recreation and Parks Commission action. Following the adoption of such resolution, the Recreation and Parks Commission shall mail a copy of the resolution to the owner or owners of the premises. The Recreation and Parks Commission shall maintain a record of all premises that have been given recognition under the provisions of this section and shall forward to the City Clerk copies of all resolutions making such designation.

(Ord. 88-18 § 5, eff. 10/20/88; Ord. 2001-24, eff. 1/18/02; Ord. 2022-04, eff. 7/7/22)

(a) Upon receipt of any application for designation of any place, site, building, structure, work of art or other object within the incorporated limits of the City as an historical landmark by the Recreation and Parks Commission, the Recreation and Parks Commission shall refer the application to the Planning Commission of the City with a request for a report and recommendations with regard to such designation, which report and recommendations may include any and all observations, information and recommendations as to an agreement in connection therewith which appear desirable to the Planning Commission upon consideration of the application. The report may include but shall not be limited to such matters as compatibility with the General Plan, general public interest, zoning, traffic or other problems which may appear to be affected by or created by the proposed designation.

(b) No action shall be taken by the Recreation and Parks Commission within less than five days following the receipt of the report from the Planning Commission. Following any action recommending the designation of any place, site, building, structure, work of art or other object as an historical landmark, the report and recommendation of the Recreation and Parks Commission shall be forwarded to the City Council, which shall thereafter set the public hearing thereon as provided in this chapter. The report of the Planning Commission shall be forwarded to the City Council, together with any report or recommendation by the Recreation and Parks Commission.

(Ord. 88-18 § 5, eff. 10/20/88; Ord. 2001-24, eff. 1/18/02; Ord. 2022-04, eff. 7/7/22)

In designating or removing from designation any place, site, building, structure, work of art or other object as being of historical, cultural, aesthetic or other special character or interest, and worthy of protection under this chapter, the Recreation and Parks Commission and the City Council shall be subject to the following express standards:

(a) The landmark designated shall have historical, cultural, aesthetic or special character or interest for the general public and not be limited only in interest to a special group of persons, and be at least 50 years of age.

(b) The designation of such as a landmark under this chapter shall not be detrimental to the general welfare of the community.

(c) The designation of such landmark shall not require the expenditure of an unreasonable amount of money to carry out the purposes of this chapter. In applying this provision it is the intent of this chapter that whenever a landmark proposed to be so designated is private property, expenditures for its upkeep, preservation, maintenance and protection shall be made by the owner thereof in all but the most exceptional cases. If upon careful review by the Recreation and Parks Commission it is proposed that public funds be expended for the preservation, restoration, maintenance or protection thereof, or any other purpose in connection with the designation, the recommendation made by the Recreation and Parks Commission to the City Council shall set forth that fact, and shall set forth in full the reasons therefor, and shall include a statement setting forth as accurately as possible the estimated cost in public funds which would be so involved. The City Council in acting upon the proposed designation shall also determine whether the expenditure of public funds in connection therewith is justified. In the event that such designation would be ineffective for the preservation, restoration or protection of the proposed landmark, without such expenditure, and the City Council determines that the expenditure is not justified, the place, site, building, structure, work of art or other object which is the subject of the proposal shall not be designated an historical landmark.

(d) The designation of such landmark shall not infringe upon the right of a private owner thereof, if there is such, to make any and all reasonable uses of such landmark which are not in conflict with the purposes of this chapter.

(Ord. 88-18 § 5, eff. 10/20/88; Ord. 2001-24, eff. 1/18/02; Ord. 2022-04, eff. 7/7/22)

(a) Upon receipt of the Planning Commission report, if it appears that place, site, building, structure, work of art or other object within the incorporated limits of the City should be designated as a historical landmark, the Recreation and Parks Commission shall work with the property owner and lienholders to draft and enter into an acceptable agreement respecting designation. The Recreation and Parks Commission shall use the guidelines in section 8-3.08 as appropriate in the agreement. Any such agreement shall be effective for 90 days or until the City Council acts on the Recreation and Parks Commission's recommendation, whichever occurs sooner. If no agreement is reached, or the City Council does not affirm the agreement, the landmark designation application shall be terminated.

(b) The City Council may set a public hearing to be advertised once in a newspaper of general circulation in the City at least 10 days prior to the date of such hearing. In all cases where private property is the subject of the hearing, notice of the hearing shall be served by mail upon the property owner and lienholders of record of the property at least 10 days prior to the date set for the hearing. The City Council may consider the recommendation of the Recreation and Parks Commission without setting a public hearing and advertising the same in a newspaper of general circulation, if in its discretion the City Council considers the recommended agreement will not create impacts so as to justify that procedure. In any case, however, the City Council, before acting on the recommended agreement, shall give notice to the owner and lienholders of record of the subject property as provided in this section. After such hearing the City Council may affirm the existing agreement, enter into a modified agreement or decline to approve an agreement respecting designation. The action of the City Council shall be final and shall take effect immediately.

(Ord. 88-18 § 5, eff. 10/20/88; Ord. 2001-24, eff. 1/18/02; Ord. 2022-04, eff. 7/7/22)

In developing an agreement respecting a historical landmark, the Recreation and Parks Commission and City Council shall use the following guidelines, as appropriate:

(a) The agreement may require the owner or lienholder to provide written notice to the Recreation and Parks Commission in advance of structural alteration, demolition, removal or destruction, either in whole or in part, of the landmark. Upon receipt of this notice, the Recreation and Parks Commission may schedule a meeting with the owner and lienholder and use the procedures in this chapter to determine whether or not landmark status shall be continued;

(b) Any agreement may provide that no permits shall be issued by any City department for any alterations, repairs, additions or changes, other than normal maintenance and repair work, unless and until all plans therefor have first been reviewed by the Recreation and Parks Commission and approved, or approved as modified, and such reasonable conditions may be imposed as deemed necessary. All such work shall be done under the direction and control of the Recreation and Parks Commission or other qualified persons designated by it for such purpose; provided, that conditions imposed as a condition of approval of alterations, repairs, additions or changes shall be final when imposed by the Recreation and Parks Commission, and unless they affect conditions imposed by the Council need not be reported to or reviewed by the City Council as provided in Section 8-3.06;

(c) The agreement may provide that only certain specified uses may be made or that certain specified uses shall be prohibited;

(d) The agreement may provide that no buildings or structures exposed to public view within a specified distance may be placed, erected, moved, altered, enlarged or removed, other than normal maintenance and repair work, without approval and in accordance with reasonable conditions imposed where deemed necessary by the Recreation and Parks Commission;

(e) The agreement may provide that if the landmark to be designated is a building, that the building shall be open to the public at such reasonable times and intervals as shall be determined by the Recreation and Parks Commission;

(f) The agreement may contain any other reasonable requirements, restrictions or conditions deemed necessary by the Recreation and Parks Commission, the owner and the lienholder to meet special or unique circumstances affecting the subject place, site, building, structure, work of art or other object;

(g) The agreement may provide for disclosure of landmark status upon sale of the property by requiring a copy of the agreement to be provided to the buyer and lienholder.

(Ord. 88-18 § 5, eff. 10/20/88; Ord. 2001-24, eff. 1/18/02; Ord. 2008-01, eff. 3/20/08; Ord. 2009-03, eff. 3/5/09; Ord. 2022-04, eff. 7/7/22)

The Recreation and Parks Commission, or other interested persons, may petition the City Council for funds necessary to carry out the purposes of this chapter. The City Council may expend all reasonable sums needed to carry out the purposes of this chapter or to acquire fee title or such lesser ownership rights, or easements, as it deems necessary or expedient to carry out the purposes of this chapter.

(Ord. 88-18 § 5, eff. 10/20/88; Ord. 2001-24, eff. 1/18/02; Ord. 2022-04, eff. 7/7/22)

(a) Any person may appeal in writing to the City Council any action authorized by SMCC 8-3 of the Recreation and Parks Commission by filing notice of such appeal with the City Clerk within 15 days from the date of such action, and the City Council shall set a public hearing, notice of which shall be duly advertised once in a newspaper of general circulation in the City, at least 10 days before the date of such hearing to consider such appeal. In all cases where private property is the subject of the action which is appealed from, notice of the hearing shall be served by mail upon the owner and lienholders of record of the property at least 10 days prior to the date set for the public hearing. At the hearing the City Council may confirm, modify or set aside any or all such actions of the Recreation and Parks Commission.

(Ord. 88-18 § 5, eff. 10/20/88; Ord. 2001-24, eff. 1/18/02; Ord. 2022-04, eff. 7/7/22)

When the Recreation and Parks Commission receives information that a designated landmark has been or will be wholly or partially demolished, structurally altered, removed, destroyed, or otherwise no longer meets or will meet the standards set out in Section 8-3-06, the Recreation and Parks Commission may initiate an application for removal of the designation, using the procedures in the chapter. The Recreation and Parks Commission may also make any appropriate recommendations respecting continuance or discontinuance of the landmark designation to the Planning Commission.

(Ord. 88-18 § 5, eff. 10/20/88; Ord. 2001-24, eff. 1/18/02; Ord. 2022-04, eff. 7/7/22)