This chapter shall be known as the Historic Preservation Ordinance
of the city.
(Ord. 482 § 1, 1992)
Whereas, the city council has determined:
A.
That
the character and history of the city are reflected in its cultural,
historical, and architectural heritage;
B.
That
these historical and cultural foundations should be preserved as living
parts of community life and development to build an understanding
of the city's past so that future generations may have a genuine opportunity
to appreciate, enjoy, and understand the rich heritage of the city;
C.
That
in the face of ever increasing pressures of modernization and urbanization,
city landmarks, neighborhoods, and other areas of historical and cultural
interest are threatened with demolition;
D.
That
pursuant to the provisions of the National Historic Preservation Act
of 1965, as amended, the city joins with private concerns, the state
of California, and the United States Congress to develop preservation
programs and activities to give maximum encouragement to agencies
and individuals undertaking preservation of the city's unique architectural,
historical, aesthetic, and cultural heritage;
E.
Therefore,
the purpose of this chapter is to promote the public health, safety,
and general welfare and:
1.
To
safeguard the city's unique cultural heritage as embodied and reflected
in the city's architectural history and patterns of cultural development,
2.
To
encourage and facilitate public knowledge, understanding, and appreciation
of the city's historic past and unique sense of place,
3.
To
foster civic and neighborhood pride and a sense of cultural resources
appropriate for the education and recreation of the people of the
city,
4.
To
preserve diverse architectural styles, patterns of development, and
design preferences reflecting phases of the city's history and to
encourage complementary contemporary design and construction and inspire
a more livable urban environment,
5.
To
enhance property values and to increase economic and financial benefits
to the city and its inhabitants through the exploration of creative
financial incentives for preservation,
6.
To
protect and enhance the city's attraction to tourists and visitors
thereby stimulating business and industry,
7.
To
identify as early as possible and resolve conflicts between the preservation
of cultural resources and alternative land uses,
8.
To
integrate the preservation of cultural resources into public and private
land use management and development processes,
9.
To
conserve valuable material and energy resources by ongoing use and
maintenance of the existing built environment,
10.
To stabilize neighborhoods through the preservation of cultural resources
and establishment of historic districts and conservation zones,
11.
To promote public awareness of the benefits of preservation,
12.
To increase the economic benefits of preservation of cultural resources
to the city and its inhabitants,
13.
To encourage public participation in identifying and preserving historical
and architectural resources thereby increasing community pride in
the city's cultural heritage.
(Ord. 482 § 1, 1992)
This chapter shall apply to all cultural resources within the
city.
(Ord. 482 § 1, 1992)
means any change or modification, through public or private
action, to the character-defining or significant physical feature
of properties affected by this chapter. Such changes may be changes
to or modification of structure, architectural details, or visual
characteristics, grading, surface paving, the addition of new structures,
cutting or removal of trees, landscaping and other natural features,
disturbance of archeological sites or areas, and the placement or
removal of any significant objects such as signs, plaques, light fixtures,
street furniture, walls, fences, steps, plantings, and landscape accessories
affecting the significant visual and/or historical qualities of the
property.
is a certificate issued by the historic preservation commission
approving such plans, specifications, statements of work, and any
other information which are reasonably required by the commission
to make a decision, on any proposed alteration, restoration, rehabilitation,
construction, removal, relocation, or demolition, in whole or in part,
of or to designated resource, resource site, or to a building or structure
within an historic district.
is a certificate authorizing work described in the accompanying
certificate of appropriateness granted by the commission because of
extreme financial privation or adversity and in accordance with the
procedures and findings of this chapter.
means an area of the city, whether commercial or residential,
a majority of whose building are fifty years old or older, which the
city wishes to maintain and revitalize so as to emphasize their importance
to the past, present, and future of the city.
means improvements, buildings, structures, signs, features,
sites, scenic areas, views and vistas, places, areas, landscapes,
trees, or other objects of scientific, aesthetic, educational, cultural,
architectural, or historical significance to the citizens of the city
and the state of California, the Southern California region, or the
nation which may be eligible for designation or designated and determined
to be appropriate for historic preservation by the historic commission,
and the city council, pursuant to the provisions of this chapter.
means any act or process that destroys in part or in whole
an individual cultural resource or a cultural resource or other structure
within the historic district.
means the principles contained in a document which illustrate
appropriate and inappropriate methods of rehabilitation and construction.
The purpose of using design guidelines is to aid design and decisionmaking
with regard to retaining the integrity of scale, design intent, materials,
feeling, patterns of development, and historical character resource
or historic district.
means any improvement or natural feature that has special historical, cultural, aesthetic, or architectural character, interest, or value as part of the development, heritage, or history of the city, the state of California, or the nation and that has been nominated and designated pursuant to this chapter or nominated to the National Register of Historic Places. The designation shall specify the significant exterior and interior architectural elements and natural features which are expressly found by the commission to meet one or more of the criteria in Section 17.80.070.
means a parcel or part thereof which a cultural resource
is or has been situated, and any abutting parcel or part thereof constituting
part of the premises on which the cultural resource is situated, and
which has been designated a cultural resource pursuant to this chapter.
means any area containing a concentration of improvements
which have a special character, historical interest, or aesthetic
value, which posses integrity of location, design, setting, materials,
workmanship, feeling, and association, or which represent one or more
architectural periods or styles typical to the history of the city,
and that has been designated an historic district pursuant to this
chapter or nominated to the National Register of Historic Places.
means any building, structure, place, fence, gate, landscaping,
tree, wall, parking facility, work of art, or other object constituting
a physical feature of real property, or any part of such feature.
means any tree, plant life, geographical or geological site
or feature subject to the provisions of this chapter.
means a material thing of functional, aesthetic, cultural,
symbolic, or scientific value.
means any work, for which a building permit is not required
by law, where the purpose and effect of such work is to correct any
deterioration of or damage to a structure or any part thereof and
to restore the same, to its condition prior to the occurrence of such
deterioration or damage.
means an improvement or natural feature which may be nominated
for consideration by the commission and may be designated under the
condition that either: (1) more research becomes available regarding
its eligibility; (2) the resource is restored to its original condition;
or (3) the resource is one of the few remaining examples in the city
of its type.
means the identification, study, protection, restoration,
rehabilitation, or acquisition of cultural resources.
means the guidelines prepared by the National Park Service
for Rehabilitating Historic Buildings and the Standards for Historic
Preservation Projects prepared by the National Park Service with Guidelines
for Applying the Standards.
means the natural or man made elements embodying style or
type of cultural resource, design, or general arrangement and components
of an improvement, including but not limited to, the kind, color,
and texture of the building materials, and the type and style of all
windows, doors, lights, signs, and other fixtures appurtenant to such
improvement.
(Ord. 482 § 1, 1992)
A.
There
is established in the city a historic commission, hereinafter referred
to as the "commission," consisting of unpaid members appointed by
the city council. The number of members shall be as determined by
the city council by resolution. The members shall serve at the pleasure
of the city council, for such terms as shall be established by city
council resolution.
B.
As
many as possible of commissioners shall be appointed from among professionals
in the disciplines of architecture, history, architectural history,
planning, or other historic preservation-related disciplines, such
as urban planning, American studies, American civilization, cultural
geography, or cultural anthropology, to the extent that such professionals
are available in the community. The remainder commissioners shall
be lay members who have demonstrated interest, competence, experience,
or knowledge in historic preservation, American studies, cultural
anthropology, cultural geography, or other historic preservation-related
discipline.
C.
A quorum
of the commission shall be defined as a majority of the appointed
members for purposes of administering this chapter.
D.
The
commission shall develop and adopt its own operating rules and bylaws,
thereafter having the power and authority to perform all of the duties
hereinafter enumerated and provided.
E.
Any
vacancy in the office of any member of the commission shall be filled
in like manner for the unexpired term of such office. As the term
of any member of the commission expires, his or her successor shall
be appointed in like manner as such member.
(Ord. 482 § 1, 1992; Ord. 765 §§ 1, 2, 2021; Ord. 767 § 1, 2021)
The commission may engage in the following activities with respect
to this chapter:
A.
Adopt
procedural rules for the conduct of its business in accordance with
the provisions of this chapter. In the absence of specific procedural
rules the commission will use Roberts Rules of order;
B.
Establishment
criteria and conduct or cause to be conducted surveys (using as a
guideline state survey standards) and guidelines of cultural heritage
resources within the boundaries of the city, and publicize and periodically
update the survey results;
C.
Recommend
in accordance with the criteria set forth in Section 7 the designation
of cultural heritage resources including individual properties, districts,
landmark sites, conservation zones, and historic districts;
D.
Maintain
a local register of cultural heritage resources using as a guideline
the National Register of Historic Places criteria including historic
districts, landmark sites, and landmarks within the city including
all information required for each designation;
E.
Review
and comment upon the conduct of land use, housing and redevelopment,
municipal improvement, and other types of planning and programs undertaken
by any agency of the city, the county, or state, as they relate to
the survey results and cultural heritage resources of the community;
F.
Adopt
standards and/or guidelines to be used by the commission in reviewing
applications for permits to construct, change, alter, modify, remodel,
remove, or significantly affect any cultural resource;
G.
Make
recommendations to the city council regarding the purchase by the
city of fee or less-than-fee interests in property, transfer of development
rights, easements, or other mechanisms for purposes of cultural heritage
resources prevention;
H.
Investigate
and make recommendations to the city council on the use of various
federal, state, local, or private funding sources and mechanisms available
to promote cultural resource preservation in the city;
I.
Approve or disapprove, in whole or on part, or approve with conditions, applications for permits pursuant to Section 17.80.090;
J.
Review
all applications for permits, environmental assessments, environmental
impact reports, environmental impact statements, and other similar
documents as set forth in this chapter, pertaining to designated and
potential cultural resources. The community development department
shall forward all such documents to the commission for review and
comment prior to review and approval by the city council and if applicable
the planning commission as appropriate;
K.
Consider whether denial of certificates of appropriateness (permits) affecting cultural resources results in economic hardship to the property owner according to the procedures outlined in Section 17.80.100;
L.
Cooperate
with local, county, state, and federal governments in the pursuit
of the objectives of cultural resource preservation;
M.
Keep
minutes and records of all meetings and proceedings including voting
records, attendance, resolulutions, findings, determination, and decisions.
All such material shall be public record;
N.
Provide
opportunity for direct public participation in all responsibilities
delegated to the certified local government including the survey and
National Register nomination process. Commission meetings shall be
open to the public with published agenda and minutes in accordance
with the California Open Meeting Act. The published agenda shall be
mailed in advance of meetings to individuals and citizens organizations
interested in the commission's activities;
O.
Encourage
and render advice and guidance to property owners or occupants on
procedures for inclusion of a cultural resource on the National Register
of Historic Places;
P.
Participate
in, promote, and conduct public information, educational, and interpretive
programs pertaining to cultural resources preservation;
Q.
Confer
recognition upon the owners of landmarks or property or structures
within historic districts by means of certificates, plaques, or markers,
and from time to time issue commendations to owners of cultural resources
who have rehabilitated their property in an exemplary manner;
R.
Undertake
any other action or activity necessary or appropriate to the implementation
of its powers or duties to fulfill the objectives of cultural resource
preservation.
(Ord. 482 § 1, 1992)
For the purpose of this chapter, an improvement, natural feature,
or site may be designated a cultural resource by the historic commission
and any area within the city may be designated a historic district
by the commission pursuant to subsection B of this section if it meets
the criteria for listing on the National Register of Historic Places
or any one of the following:
A.
It
exemplifies or reflects special elements of the city's cultural, social,
economic, political, aesthetic, engineering, architectural, or natural
history;
B.
It
is identified with persons or events significant in local, state,
or national history;
C.
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;
D.
It
is representative of the work of a notable builder, designer, or architect;
E.
It
contributes to the significance of an historic area, being a geographically
definable area possessing a concentration of historic or scenic properties
or thematically related grouping of properties which contribute to
each other and are unified aesthetically by plan or physical development;
F.
It
has a unique location or singular physical characteristics or is a
view or vista representing an established and familiar visual feature
of a neighborhood, community, or the city;
G.
It
embodies elements of architectural design, detail, materials, or craftsmanship
that represent a significant structural or architectural achievement
or innovation;
H.
It
is similar to other distinctive properties, sites, areas, or objects
based on a historic, cultural, or architectural motif;
I.
It
reflects significant geographical patterns, including those associated
with different areas of settlement and growth, particular transportation
modes, or distinctive examples of park or community planning;
J.
It
is one of the few remaining examples in the city, region, state, or
nation possessing distinguishing characteristics of an architectural
or historical type or specimen.
(Ord. 482 § 1, 1992)
Cultural resources and historic districts shall be established
by the city council in the following manner:
A.
Any
person or group may request the designation of an improvement as a
cultural heritage resource or the designation of a historical district
by submitting an application for such designation to the commission.
The nomination application shall contain supplemental information
indicating how the nominated resource meets the criteria for designation
as indicating how the nominated resource meets the criteria for designation
as indicated in this chapter. The commission or city council may also
initiate such proceedings on their own motion. Notification of the
nomination shall be sent to the property owner(s) and occupant(s)
of the property within thirty days of the receipt or initiation of
a nomination.
B.
The
commission shall make a preliminary determination on nominations based
on the documentation required as to whether the nomination application
is appropriate for consideration. If the commission determines that
the application merits consideration, but only if it so determines,
it shall schedule a public hearing as soon as practically possible.
C.
The
commission's decision to schedule or not to schedule a public hearing
shall be in writing and shall be filed with the director of the community
development department (city planning) and the city clerk. Notice
of a decision not to schedule a public hearing shall be given by mail
to the applicant by the community development department.
D.
No
building, alteration, demolition, or removal permits for any improvement,
building, or structure within the proposed historic district or relative
to a nominated cultural resource shall be issued while the public
hearing or any appeal related thereto is pending.
E.
In
the case of a proposed cultural resource, cultural resource site,
or historic district, the matter may be set for a public hearing pursuant
to Government Code Section 65090 et seq.
F.
At the conclusion of the public hearing, but in no event more than thirty days from the date set for the initial public hearing the commission shall recommend approval in whole or in part, or disapproval in whole or part, of the application in writing. The commission's recommendation shall include findings of fact relating to the criteria for designation in Section 17.80.070, that constitutes the basis for its decision and shall transmit its recommendation to the city council, the property owner, and the applicant.
G.
The
city council shall consider the recommendation of the commission as
soon as practically possible. The city council has the authority for
approval in whole or in part conditional approval, or disapproval
in whole or in part. The city council may ratify the recommendation
of the historic commission without setting the matter for public hearing.
The city council, may at it's discretion set the matter for public
hearing before rendering it's decision.
H.
Failure
to send any notice by mail to any property owner where the address
of such owner is not a matter of public record shall not invalidate
any proceedings in connection with the proposed designation. The commission
and council may also give such other notice as they may deem desirable
and practicable.
I.
The commission shall not recommend that a resource be removed from the city's list of designated cultural resources unless it is discovered that the information relied on by the commission and the city council in making the original decision was erroneous or false, or that circumstances wholly beyond the owner's control have rendered the resource ineligible for designation based on the criteria listed in Section 17.80.070, and it would be infeasible to restore the resource, or for other good cause.
J.
Designations
must be recorded with the county of San Bernardino, department of
county clerk.
(Ord. 482 § 1, 1992)
A.
All
permits for alteration, restoration, rehabilitation, remodeling, addition,
change of use, demolition removal or relocation for designated cultural
resources and properties located in historic districts shall require
a certificate of appropriateness from the commission and the city
council.
B.
All
permits for work on a designated cultural resource shall follow the
procedures listed below in processing applications for obtaining certificates
of appropriateness and approval of work covered by this chapter.
C.
No
permits for work on a nominated cultural resource shall be awarded
until eligibility for designation has been initiated in accordance
with this section and a certificate of appropriateness, if applicable,
has been secured.
D.
All
applications for certificates of appropriateness shall be submitted
to the commission for approval. The community development department
(planning department) shall report any application for a permit to
work on a designated cultural resource to the commission. The applicant
is encouraged to confer with commission staff prior to submitting
an application.
E.
The
city shall prepare and publish such standards or criteria as are a
necessary supplement to the provisions of this chapter to inform property
owners and the general public of those standards of review by which
applications for certificates of appropriateness are to be judged.
F.
In
evaluating applications for certificates of appropriateness, the commission
and the city council shall consider the existing and proposed architectural
style, design, arrangement, texture, materials, and any other factors
with regard to the original distinguishing architectural characteristics
of the designated resource. Using the Secretary of the Interior's
Standards for Historic Preservation Projects as a guide, the commission
and city council shall approve the issuance of a certificate of appropriateness
for any proposed work if and only if it makes any one of the following
findings:
1.
With
regards to a designated resource, the proposed work will neither adversely
affect the significant architectural features of the designated resource
nor adversely affect the character of historical, architectural, or
aesthetic interest or value of the designated resource and its site;
2.
With
regard to any property located within a historic district, the proposed
work conforms to the prescriptive standards and design guidelines
for the district adopted by the commission, and does not adversely
affect the character of the district;
3.
In
the case of construction of a new improvement, addition, building,
or structure upon a designated cultural resource site, the use and
exterior of such improvements will not adversely affect and will be
compatible with the use and exterior of existing designated cultural
resources, improvements, buildings, natural features, and structures
on the site;
4.
That
strict application of standards does not create an economic hardship
based on testimony and evidence supplied by the applicant whereby
it is judged by the commission and city council that strict application
of the guidelines would deprive the owner of the property of all reasonable
use of or economic return on, the property.
G.
Application
for certificates of appropriateness shall be filed with the city's
community development department (planning department) for processing.
Applications shall include plans and specifications showing the proposed
exterior appearance and texture of materials and the proposed architectural
design of the exterior of the structure. Where required by the commission,
applications shall also include information pertaining to scale, massing,
relationship to site and streetscape, landscaping, and signage. The
application shall be accompanied by any other information that the
commission determines is required for them to make an informed judgment
of the proposed work according to the standards of review in this
section.
H.
1.
The
commission shall establish guidelines for determining which types
of applications for certificates of appropriateness should be set
for public hearing. The community development director (planning director)
or the commission may set a public hearing if of the opinion that
a hearing is in the public interest.
2.
In
the case of certificates of appropriateness, the matter may be set
for a public hearing pursuant to Government Code Section 65090 et
seq.
3.
Failure
to send any notice by mail to any property owner or resident where
the address of such owner is not a matter of public record shall not
invalidate any proceedings in connection with an application for a
certificate of appropriateness.
4.
It
shall be the applicant's responsibility to supply a certified notification
list of adjacent property owners.
5.
Public
testimony shall be taken on any application for a certificate of appropriateness
for due commission consideration.
I.
After
the permit has been issued, the director of community development
or his/her designee shall regularly inspect the work approved by the
commission in order to assure compliance. If the work is not being
performed in accordance with the certificate of appropriateness, a
stop work order shall be issued and all work shall cease.
J.
A certificate
of appropriateness shall become void unless a building permit is obtained
or for applications not requiring a permit work is commenced within
twelve months of the date of issuance. Certificates of appropriateness
may be renewed for an additional twelve-month period at the discretion
of the historical commission. If the building permit obtained pursuant
to a certificate of appropriateness expires, a new certificate of
appropriateness is required.
K.
If
no building or other permit is required to pursue work on a designated
resource, whoever is responsible for the work, whether it is the tenant,
resident, or property owners, shall apply for a certificate of appropriateness
to the commission staff directly.
L.
For
any designated cultural resource, the commission may give a certificate
of appropriateness on approval of the city council for a change of
use of a property not otherwise permitted by zoning provided the following
findings can be made:
1.
The
change of use is required for an adaptive re-use of the resource and
is compatible with the neighborhood in which it is located;
2.
The
adaptive re-use of the resource will result in substantial restoration
of the significant architectural features, facade, or structure of
the resource in conformance with the Secretary of the Interior's Standards
for Preservation Projects;
3.
The
change of use will not impair the architectural, aesthetic, historical,
or natural integrity of the resource;
4.
The
change of use will occupy only the original square footage of the
resource or any portion thereof. In the case of a single structure,
if the structure contains more than five residential units, one unit
must be retained in whole as a residential unit;
5.
The
applicant has made reasonable efforts to secure the facade or other
features of the resource in perpetuity;
6.
The
change of use is to a use of the following types:
a.
Small-scale office uses with limited employment and visitation needs,
including but not limited to offices for an architect, landscape architect,
interior designer, graphic artist, real estate broker, consulting
firm, attorney, and artist studios, or
b.
Retail sale of items related to local history and historic preservation,
including but not limited to antiques, books, art, and handicrafts;
provided that such use is clearly incidental to all other principles
uses on the site and does not exceed seven hundred square feet in
floor area;
M.
The
commission may incorporate in any certificate of appropriateness such
condition or conditions, if any, as the commission may find necessary
or desirable to effect the purpose of this chapter and may specify
that certain of such conditions shall be covenants running with the
land.
N.
When
the commission has approved a plan for the preservation of a cultural
resource, historic district, or neighborhood conservation area which
sets forth particular development standards, an application to the
commission to do work consistent with the approved plan development
standards may be approved by the staff person designated by the commission.
If such staff person does not approve the application, it shall be
processed as set forth in this chapter and considered by the commission.
(Ord. 482 § 1, 1992)
The California State Historic Building Code provides alternative
building regulations for the rehabilitation, preservation, restoration,
or relocation of structures designated as cultural resources. The
California State Historic Building Code shall be used for any designated
cultural resource in the city's building permit procedure.
(Ord. 482 § 1, 1992)
Preservation easements on the facades of buildings designated
as a cultural resource may be acquired by the city or nonprofit group
through purchase, donation, or condemnation pursuant to California
Civil Code 815.
(Ord. 482 § 1, 1992)
A.
Application
of a certificate of economic hardship shall be made on a form prepared
by the historic preservation commission. The commission may hold a
public hearing pursuant to Government Code Section 65090 et seq.
B.
The commission shall review all the evidence and information required of an applicant for a certificate of economic hardship and make a determination within a timely manner of receipt of the application whether the denial of a certificate of appropriateness has deprived, or will deprive, the owner of the property of all reasonable use of, or economic return on, the property. Written notice of the determination shall be provided in the same manner as required by Section 17.80.080.
C.
If
the applicant presents facts and clear evidence demonstrating to the
commission that failure to approve the application for a certificate
of appropriateness will cause an immediate extreme hardship because
of conditions peculiar to the particular structure or other feature
involved, and the damage to the owner of the property is unreasonable
in comparison to the benefit conferred to the community, the commission
may approve or conditionally approve such certificate even though
it does not meet the standards set forth herein. The commission shall
hold a public hearing in order to determine whether a certificate
of appropriateness will be approved or denied. A certificate of economic
hardship shall be accompanied by a written determination, based on
the following findings:
1.
Denial
of the application will diminish the value of the subject property
so as to leave substantially no value;
2.
Sale
or rental of the property is impractical, when compared to the cost
of holding such property for uses permitted in this zone;
3.
An
adaptive reuse study has been conducted and found that utilization
of the property for lawful purposes is prohibited or impractical;
4.
Rental
at a reasonable rate of return is not feasible;
5.
Denial
of the certificate of appropriateness would damage the owner of the
property unreasonably in comparison to the benefit conferred on the
community.
D.
The
commission shall be authorized to request the applicant to furnish
material evidence supporting his or her request for a certificate
of economic hardship or shall furnish evidence or testimony to complete
the application for certificate of economic hardship including any
or all of the following:
1.
Cost
estimates of the proposed construction, alteration, demolition, or
removal, and an estimate of the additional cost(s) that would be incurred
to comply with the recommendations of the commission for issuance
of a certificate of appropriateness;
2.
A
report from a licensed engineer or architect with experience in rehabilitation
as to the structural soundness of any structures on the property and
their suitability for rehabilitation;
3.
Estimated
market value of the property in its current condition; estimated market
value after completion of the proposed construction, alteration, demolition,
or removal; after any changes recommended by the commission; and,
in the case of a proposed demolition, after renovation of the existing
property for continued use;
4.
In
the case of a proposed demolition, an estimate from an architect,
developer, real estate consultant, appraiser, or other real estate
professional experienced in rehabilitation as to the economic feasibility
of rehabilitation or reuse of the existing structure on the property
for continued use;
5.
For
income-producing properties, information on annual gross income, operating
and maintenance expenses, depreciation deductions and annual cash
flow after debt service, current property value appraisals, assessed
property valuations, real estate taxes, and any other information
considered necessary by the commission to determine whether substantial
evidence of economic hardship exits;
6.
Remaining
balance on any mortgage or other financing secured by the property
and annual debt service, if any, for the previous two years.
(Ord. 482 § 1, 1992)
A.
All
decisions of the historic commission shall be forwarded to the city
council for ratification. If the city council fails to ratify a decision
of the historic commission the item shall be set for a city council
public hearing on the next available city council agenda.
B.
The
public hearing procedures at the city council shall be the same as
that for the historical commission. The city council shall use the
same guidelines in rendering a decision and may consider findings
of the commission and testimony offered to the commission as part
of the official record of the commission hearing.
(Ord. 482 § 1, 1992)
A.
The
owner, occupant, or other person in actual charge of a cultural resource
or an improvement, building, or structure in a historic district shall
keep in good repair all of the exterior portions of such improvement,
building, or structure, all of the interior portions thereof when
subject to control as specified in the designating ordinance or permit,
and all interior portions thereof whose maintenance is necessary to
prevent deterioration and decay of any exterior architectural feature.
B.
It
shall be the duty of the code enforcement officer to enforce this
section.
(Ord. 482 § 1, 1992)
Nothing in this chapter shall be construed to prevent the ordinary
maintenance or repair of any exterior architectural feature in or
on any property covered by this chapter that does not involve a change
in design, material, or external appearance thereof, nor does this
chapter prevent the construction, reconstruction, alteration, restoration,
demolition, or removal of any such architectural feature when the
community development director (planning) demonstrates to the commission
that such action is required for the public safety due to an unsafe
or dangerous condition which cannot be rectified through the use of
the California State Historic Building Code and when such architectural
feature can be replaced according to the Secretary of the Interior's
standards.
(Ord. 482 § 1, 1992)
Any person who constructs, alters, removes, or demolishes a
cultural resource in violation of this chapter shall be required to
restore the building object, site, or structure to its appearance
or setting prior to the violation. Any action to enforce these provisions
may be brought by the city. This civil remedy shall be in addition
to and not in lieu of, any criminal prosecution and penalty and other
remedy provided by law.
(Ord. 482 § 1, 1992)
