The City Council may designate Class 1 and Class 2 historic resources if they demonstrate exceptional historical significance pursuant to the criteria established in this Section.
A. 
Application and Documentation for Designation of Class 1 and Class 2 Historic Resources.
1. 
Owner Application. The designation of a historic resource may be made upon application by the owner or owner's authorized representative of the site, structure, building or object. A pre-application conference with the HPO is required prior to submitting an application. Application shall be made to the HPO on such forms as may be established by the Department, and the application shall be accompanied by such fees as may be established by the City Council. Applications shall be signed and notarized by the owner(s) of rec-ord of the site, structure, building or object for which the designation is sought.
2. 
City Application. The designation of a historic resource may also be made upon application by an authorized representative of the City. Applications shall be signed by the authorized City representative.
3. 
Documentation. An application for historic resource designation shall include the following items:
a. 
A report that describes how the proposed site, structure, building or object is eligible and appropriate for designation under this Section. The report shall include at a minimum:
(i) 
Photographs of the exterior of the proposed site, structure, building or object;
(ii) 
Information about the architect(s), designer(s), planner(s), and/or developers of the proposed site, structure, building or object;
(iii) 
Date and method of construction of any structure, building or object upon the proposed site;
(iv) 
A detailed assessment of the character-defining features of the site, structure, building or object, such as materials, architectural or landscape elements, architectural style, and other relevant descriptors;
(v) 
Ownership and address history; and
(vi) 
Identify the source of the information provided in the application, such as building permit numbers, publications, organizations or individuals.
b. 
An assessment of the site, structure, building or object relative to the criteria and findings in subsection (C) below.
c. 
Letter of property owner consent, or in the case of a City application, a letter of authorization to file the application on behalf of the City.
d. 
Any other documentation or research as may be deemed necessary by the HPO to determine the qualifications of the site, structure, building or object for historic designation.
B. 
Application Procedure for Designation of Class 1 and Class 2 Historic Resources.
1. 
HPO Analysis. Upon receipt of a completed application package, the HPO shall compile a staff report concerning the site, structure, building or object proposed for historic designation, and shall forward a copy of the application to the Tribe's Historic Preservation Officer. The report shall address the location, condition, significance and integrity of the historic features; identify the character-defining features; and provide a recommendation based on an evaluation of the application as to whether or not the site, structure, building or object should be historically designated.
2. 
Public Hearing Notice Requirements. Applications for historic designation shall be reviewed at public hearings of the HSPB and City Council. Public hearings shall be noticed in accordance with Section 94.09.00 ("Public Hearing Procedure") of this Code.
3. 
Failure to Receive Notice. The failure of any person or entity to receive notice given pursuant to this Section shall not constitute grounds for any court to invalidate the actions of the City.
4. 
HSPB Public Hearing and Recommendation. An application for historic designation shall be reviewed at a public hearing of the HSPB. The HSPB shall consider the HPO's report concerning an application, along with any evidence or testimony offered at the public hearing. The HSPB shall evaluate the application and make findings with reference to the applicable criteria set forth in subsection (C) below and make a recommendation to the City Council. The HSPB may recommend designation as proposed; designation with modifications to the proposal; or recommend denial of designation. A resolution shall be adopted reflecting the HSPB's action, its findings relative to the criteria for designation, a list of the historic characterdefining features of the site, structure, building or object, and any applicable conditions imposed. Any recommendation by the HSPB for designation shall be void if the designation has not been approved by the City Council within one year after the HSPB's recommendation.
5. 
City Council Public Hearing. Upon receipt of a recommendation from the HSPB, the City Council shall hold a public hearing to consider the recommendation. The public hearing shall be noticed in accordance with the requirements listed in Paragraph (2) above. The City Council shall consider the HPO's report, the recommendation of the HSPB, and any evidence or testimony offered at the public hearing, and shall evaluate the application and make findings with reference to the applicable criteria set forth in subsection (C) below. The City Council may approve designation as proposed; approve designation with modifications; deny designation; or remand the application to the HSPB for further study and proceedings. A resolution shall be adopted reflecting the City Council's action, its findings relative to the criteria for designation, a list of the historic character-defining features of the site, structure, building or object, and any applicable conditions imposed. The resolution shall be recorded with the office of the county recorder.
C. 
Criteria and Findings for Designation of Class 1 and Class 2 Historic Resources. In considering applications for Class 1 or Class 2 historic designation, the HSPB and City Council shall evaluate the application and make findings for conformance with the following criteria:
1. 
Criteria for the Designation of Class 1 Historic Resources. A site, structure, building or object may be designated as a Class 1 historic resource, provided one or more of the criteria in subsections "a" and "b" are met:
a. 
The site, structure, building or object exhibits exceptional historic significance and meets one or more of the criteria listed below:
(i) 
The resource is associated with events that have made a meaningful contribution to the nation, state or community; or
(ii) 
The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history; or
(iii) 
The resource reflects or exemplifies a particular period of national, state or local history; or
(iv) 
The resource embodies the distinctive characteristics of a type, period or method of construction; or
(v) 
The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his or her age, or that possesses high artistic value; or
(vi) 
The resource represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists; or
(vii) 
The resource has yielded or may be likely to yield information important to national, state or local history or prehistory.
b. 
The site, structure, building or object shall be evaluated for integrity of location, design, setting, materials, workmanship, feeling and association according to the United States Department of the Interi-or, National Park Service's National Register Bulletin titled: "How to apply the National Register Criteria for Evaluation" as revised from time to time.
2. 
Criteria for the Designation of Class 2 Historic Resources. A site, structure, building or object may be designated as a Class 2 historic resource, provided the site, structure, building or object exhibits significance and meets one or more of the criteria listed in subsection (C)(1)(a) above. A Class 2 historic resource shall not be required to meet the findings for integrity as described in subsection (C)(1)(b) above.
(Ord. 1970 § 2, 2019; Ord. 2030 § 2, 2020)
All buildings that are not Class 1 or Class 2 historic resources, but that are identified in a City-approved historic resources survey as eligible for designation as a historic resource, are hereby defined by this ordinance as Class 3 buildings and no formal action by the HSPB or City Council is required. A determination of eligibility to be listed as a Class 3 building shall be made by the HPO based upon evidence gathered using California DPR and OSB forms or their equivalent and the criteria outlined in Section 8.05.070 (C,1,a). All buildings that are not a Class 1 or Class 2 historic resource or a Class 3 building, but which were either constructed before January 1, 1978,or whose age cannot be determined, are hereby defined by this ordinance as Class 4 buildings and no formal action by the HSPB or City Council is required. All Class 3 and 4 buildings are subject to the regulations contained in Article IV of this chapter. Any Class 3 or 4 building may be designated as a Class 1 or Class 2 historic resource, subject to the procedures set forth in Section 8.05.070.
(Ord. 1970 § 2, 2019; Ord. 2030 § 2, 2020)
The City Council may designate historic districts if the district demonstrates exceptional historical significance pursuant to the criteria established in this Section.
A. 
Application and Documentation for Designation of Historic Districts.
1. 
Application. The designation of a historic district may be made upon application by a member of a recognized Neighborhood Organization, or by an authorized representative of the district under consideration. A pre-application conference with the HPO is required prior to submitting an application. Application shall be made to the HPO on such forms as may be established by the Department for that purpose, and the application shall be accompanied by such fees as may be established by the City Council. Applications shall be signed and notarized by the board member of the Neighborhood Organization or by an authorized representative as described above. If the proposed district has multiple owners, the applicant shall provide the City with a list of all persons and entities with an ownership interest in the proposed district if not all owners have signed the application.
2. 
City Application. The designation of a historic district may also be made upon application by an authorized representative of the City. The application shall be signed by the authorized City representative.
3. 
Documentation. An application for designation of a historic district shall also be accompanied by the following items:
a. 
A report that describes the manner in which the district is eligible and appropriate for designation under this Section. The report shall include at a minimum:
(i) 
A map of the proposed district boundaries, identifying all potentially contributing resources, and including a list of all parcel numbers, addresses, and ownership within the proposed district boundaries;
(ii) 
Photographs of all sites within the proposed district boundaries;
(iii) 
Information about the architect(s), designer(s), planner(s), and/or developers of potentially contributing resources within the district;
(iv) 
Dates and methods of construction as may be applicable;
(v) 
Identification of the period of significance of the proposed district which the contributing resources collectively represent;
(vi) 
A list of distinctive characteristics such as historic materials, architectural or landscape elements, and architectural style(s) of structures, buildings or objects; and
(vii) 
Identification of the source(s) of the information that was used to compile the report, including building permit information, publications, and other similar historic records.
(viii) 
An evaluation of each potentially contributing resource relative to the findings in subsection (C) below.
b. 
Proposed historic district design guidelines, which shall include, but not be limited to, development standards, aesthetic standards, and approval criteria that assist in preserving the character of the district and contributing structures therein.
c. 
Letters or forms demonstrating written approval of the historic district designation from no less than 51% of all property owners within the boundaries of the proposed district, or in the case of a City application, a letter of authorization to file the application on behalf of the City.
B. 
Procedure for Designation of Historic Districts.
1. 
Neighborhood Outreach and Meetings. A minimum of three public meetings shall be held prior to consideration of the proposed historic district designation by the HSPB and City Council. The meetings shall be attended by City staff, in addition to the board members of the recognized Neighborhood Organization or authorized district representatives, and shall be held in a location convenient to residents, business owners and property owners within the proposed district. The meetings shall discuss:
a. 
The historic district designation process;
b. 
The proposed plan for historic district designation, including proposed district boundaries, and the requirements that would apply to contributing and non-contributing resources within the district;
c. 
Findings of any historic surveys and studies; and
d. 
Proposed historic district design guidelines.
2. 
HPO Analysis. Upon receipt of a completed application package, the HPO shall forward a copy of the application to the Tribe's Historic Preservation Officer, and shall compile a staff report concerning the district proposed for historic designation. The report shall address the district boundaries; the location, condition, significance and integrity of the potentially historic resources within the district; and provide an evaluation of the application.
3. 
Public Hearing Notice Requirements. Consideration of applications for designation of a historic district shall be reviewed at public hearings of the HSPB and City Council. Public hearings shall be noticed in accordance with Section 94.09.00 ("Public Hearing Procedure") of this Code.
4. 
Failure to Receive Notice. The failure of any person or entity to receive notice given pursuant to this Section shall not constitute grounds for any court to invalidate the actions of the City.
5. 
HSPB Public Hearing and Recommendation. The HSPB shall consider the HPO's report concerning the application, along with any evidence or testimony offered at the public hearing, and shall evaluate the application and make findings with reference to the applicable criteria set forth in subsection (C) below and make a recommendation to the City Council. The HSPB may recommend designation as proposed; designation with modifications to the proposal; or recommend denial of designation. A resolution shall be adopted reflecting the HSPB's action, its findings relative to the criteria for designation, a list of contributing and non-contributing resources within the proposed district, and any applicable conditions imposed. Any recommendation by the HSPB for designation shall be void if the designation has not been approved by the City Council within one year after the HSPB's recommendation.
6. 
City Council Public Hearing. Upon receipt of a recommendation from the HSPB, the City Council shall hold a public hearing to consider the recommendation. The public hearing shall be noticed in accordance with the requirements listed in Paragraph (3) of this Section. The City Council shall consider the HPO's report, the recommendation of the HSPB, and any evidence or testimony offered at the public hearing, and shall evaluate the application and make findings with reference to the applicable criteria set forth in subsection (C) below. The City Council may approve designation as proposed; approve designation with modifications; deny designation; or remand the application to the HSPB for further study and proceedings. A resolution shall be adopted reflecting the City Council's action, its findings relative to the criteria for designation, a list of the contributing and non-contributing resources within the proposed district, the inclusion of any design guidelines for the district as an attachment to the resolution, and any applicable conditions imposed. The resolution shall be recorded with the office of the county recorder.
If 20% or more of the property owners of parcels to be included in the proposed district protest the proposed historic district designation in writing, the City Council may only designate the district by vote of four-fifths (4/5) of the entire membership of the City Council. If any member of the City Council is unable to vote on an application because of a conflict of interest, the required number of favorable votes shall be no less than a majority of the entire membership of the City Council. A written protest is effective only if it is filed with the City Clerk prior to the close of the public hearing before the City Council.
C. 
Criteria and Findings for Designation of Historic Districts. In considering an application for designation of a historic district, the HSPB and City Council shall evaluate the application and make findings for conformance with the following criteria and a district may be designated provided the following findings are met:
1. 
The proposed district and the contributing resources located therein exhibit exceptional historic significance and meet one or more of the criteria listed below:
a. 
Is associated with events that have made a meaningful contribution to the nation, state or community; or
b. 
Is associated with the lives of persons who made a meaningful contribution to national, state or local history; or
c. 
Reflects or exemplifies a particular period of national, state or local history; or
d. 
Embodies the distinctive characteristics of a type, period or method of construction; or
e. 
Presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value; or
f. 
Represents a significant and distinguishable entity whose components may lack individual distinction; or
g. 
Has yielded or may be likely to yield information important to national, state or local history or prehistory.
2. 
The contributing resources within the proposed district shall be evaluated for integrity of location, design, setting, materials, workmanship, feeling and association according to the United States Department of the Interior, National Park Service's National Register Bulletin titled: "How to apply the National Register Criteria for Evaluation" as revised from time to time.
3. 
The proposed district:
a. 
Contains contributing resources on a majority of the sites within the proposed district which individually meet the criteria in paragraphs (1) and (2) of this section, as well as other structures, buildings, or archaeological sites which contribute generally to the overall distinctive character of the area and are related historically or visually by plan or physical development;
b. 
Includes non-contributing properties or vacant parcels only to the extent necessary to establish appropriate, logical or convenient boundaries.
(Ord. 1970 § 2, 2019; Ord. 2030 § 2, 2020)
The designation of Class 1 historic resources, Class 2 historic resources, historic districts and contributing resources within historic districts shall be indicated on the City's official zoning map. Demolition or Alteration of contributing resources within a designated historic district shall be subject to the same regulations as Class 1 historic resources under this chapter. Demolition or Alteration of non-contributing resources within a designated historic district shall be subject to the same regulations as Class 3 and 4 buildings under this chapter (see Sections 8.05.120 and 8.05.130). The use and development of property affected by a designation shall be governed by Article IV of this Section and any applicable design guidelines adopted hereunder, as well as by the regulations pertaining to the underlying zoning classification for the property, any other provisions of the Municipal Code, the General Plan and any applicable specific plan.
(Ord. 1970 § 2, 2019; Ord. 2030 § 2, 2020)