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.
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.
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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.
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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)
