The purpose of this chapter is to establish permits and entitlements that are decided by the historic preservation commission and is intended to work in conjunction with chapter 2.24 (Historic Preservation) of this code. This chapter provides mechanisms to identify, designate, protect, preserve, enhance, and perpetuate historic sites, structures, and objects that embody and reflect the city's aesthetic, cultural, architectural, and historic heritage. Each permit and entitlement type is described in this chapter in terms of purpose and applicability, exemptions, review process, findings for approval, and conditions. General processing procedures are established in chapter 17.14 (General Application Processing Procedures).
(Ord. No. 1000 § 4, 2022)
The following section applies to designations of historic landmarks, points of historic interest, and conservation districts.
A. 
Types of designations.
1. 
Automatic designation. Any property within the city that is listed in the National Register of Historic Places or the California Register of Historic Resources is automatically designated as a landmark for purposes of this chapter.
2. 
Prior designations. Any historic landmark or point of historic interest previously designated as such by the city on or before the effective date of this chapter shall continue to be a historic landmark or point of historic interest as previously designated for purposes of this chapter and shall be subject to all provisions herein.
3. 
New designations. The city council may designate any structure, property, or properties as a historic landmark, point of historic interest, or contributing resource subject to the criteria and procedures set forth in this chapter.
4. 
Amendment or rescission. The city council may amend or rescind the designation of any historic landmark, point of historic interest, historic district, or conservation district for purposes of this chapter, subject to the same procedures required for their designation, including, without limitation, hearing and recommendation of the planning commission.
B. 
Designation criteria for historic landmarks.
1. 
The city council may designate a property as a historic landmark if it meets the requirements below.
2. 
Historic landmarks must meet at least one of the following criteria:
a. 
It is or was once associated with events that made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States.
b. 
It is or was once associated with persons important to local, state, or national history.
c. 
It embodies the distinctive characteristics of a type, period, or method of construction.
d. 
It represents the work of a master, possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction.
e. 
It has yielded or has the potential to yield information important to the prehistory or history of the local area, California, or the nation.
3. 
Historic landmarks must retain integrity from their period of significance with respect to location, design, setting, materials, workmanship, feeling, association, or any combination of these factors. A proposed landmark need not retain all such original aspects, but must retain sufficient integrity to convey its historic, cultural, or architectural significance. Neither the deferred maintenance of a proposed landmark nor its dilapidated condition shall, on its own, be equated with a loss of integrity. Integrity shall be judged with reference to the particular characteristics that support the property's eligibility.
C. 
Designation criteria for points of historic interest.
1. 
The city council may designate a property as a point of historic interest if it meets the requirements applicable to historic landmarks under section 17.18.020(B) (Designation Criteria for Historic Landmarks). Points of historic interest shall not be required to retain integrity from their periods of significance.
2. 
Designated points of historic interest shall not be subject to the same restrictions applicable to designated historic landmarks and contributing resources.
3. 
Nothing in this section shall be construed as limiting or foreclosing analysis of the impacts of a proposed project on a point of historic interest under the California Environmental Quality Act.
4. 
The commission shall maintain a current register of points of historic interest for public use and information.
D. 
Designation criteria for historic districts and conservation districts.
1. 
The city council may designate a property or collection of properties as a historic district if the proposed district meets the requirements of both section 17.18.020(B) (Designation Criteria for Historic Landmarks) and section 17.18.020(C) (Designation Criteria for Points of Historic Interest).
2. 
A historic district must meet at least one of the following criteria:
a. 
It has an identifiable, clear, and distinct boundary that possesses a significant concentration of structures sharing common historical, visual, aesthetical, cultural, archaeological, or architectural plan or physical development.
b. 
It demonstrates character, interest, or value as part of the development, heritage, or cultural characteristics of the community, state, or country.
c. 
It is the site of a significant local, state, or national event.
d. 
It is associated with the lives of persons important to local, state, or national history.
e. 
It is identifiable as the work of a master builder, designer, architect, artist, or landscape architect whose individual work has influenced the development of the community, county, state, or country.
3. 
Historic districts must retain integrity from their period of significance with respect to location, design, setting, materials, workmanship, feeling, and association. Not all properties or structures in a proposed district need to retain all such original aspects, but a substantial number of such properties and structures must retain sufficient integrity to convey the historic, cultural, or architectural significance of the district. Neither deferred maintenance within a proposed district nor the dilapidated condition of its constituent buildings and landscapes shall, on its own, be equated with a loss of integrity. Integrity shall be judged with reference to the particular characteristics that support the district's eligibility.
E. 
Conservation districts. The city council may designate a property or collection of properties that do not qualify as a historic district as a conservation district if the proposed district has either:
1. 
A distinctive, cohesive, and identifiable setting, character, or association that makes it unique and an integral part of the city's identity.
2. 
A recognized neighborhood identity and a definable physical character and either high artistic value or a relationship to urban centers or historic districts that makes conservation of the proposed conservation district essential to the city's history or function.
F. 
Owner consent. Owner consent is not required for a structure or property to be designated as a point of historic interest, historic landmark, or contributing resource. However, a structure or property cannot be designated as either a historic landmark or a contributing resource over the owner's objection unless the city council makes all of the following findings:
1. 
The structure or property is on the city's historical inventory.
2. 
The structure or property possesses exceptional architectural, historical, aesthetic, or cultural qualities.
3. 
Designation will preserve or protect the exceptional qualities of the structure or property.
G. 
Designation procedures—Historic landmarks and points of historic interest.
1. 
Application. The city council, historic preservation commission, planning director, or the owners of the subject property or their authorized agents may apply for a historic landmark or point of historic interest designation. A third party that believes that a property or structure should be designated may submit a written request for the commission to initiate an application. In the event the city council or commission initiates the application, the planning director shall complete the required application.
2. 
Except as necessary to correct an unsafe or dangerous condition pursuant to section 17.18.080 (Unsafe or Dangerous Condition), it shall be unlawful for any person to carry out or cause to be carried out any activity requiring a certificate of appropriateness on a proposed historic landmark for which an application has been filed until the city council has taken final action denying the application.
3. 
Survey. Within 45 days of when a designation application is deemed complete, the planning director shall conduct a survey to document all potentially historic features of the subject property and prepare a report to the commission.
4. 
Approval. The city council is the final approval authority for designations with a recommendation from the commission.
5. 
Upon designation by the city council, the planning director shall record the location, characteristics, and significance of the historic landmark or point of historic interest on a California Department of Parks and Recreation Historic Resources Inventory Form 523 and include therewith a description of the particular features that are to be preserved and the legal description of the historic resource.
6. 
A designated historic landmark or point of historic interest may be identified by an approved city marker, but such a marker is not required.
H. 
Designation procedures—Historic districts and conservation districts.
1. 
Procedures for the application and designation of historic districts and conservation districts shall be the same as those applicable to historic landmarks and points of historic interest except as modified by this section.
2. 
Except as necessary to correct an unsafe or dangerous condition pursuant to section 17.18.080 (Unsafe or Dangerous Conditions), it shall be unlawful for any person to carry out or cause to be carried out any activity requiring a certificate of appropriateness for any property within the boundaries of a proposed historic or conservation district for which an application is pending.
3. 
Whenever the city council designates a historic district or conservation district, it shall also adopt a written description and clear depiction of the district boundaries; an inventory that identifies and describes contributing resources for the district; and a conservation plan to regulate the manner in which the preservation objectives of the district will be attained.
(Ord. No. 1000 § 4, 2022)
A. 
Maintenance responsibility. The owner, occupant, or other person having legal custody and control of a historic resource, defined as a historic landmark or contributing resource, shall keep the resource in good repair all exterior portions thereof, all interior portions thereof regulated by the applicable designation statement or adopted conservation plan, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature.
B. 
Required maintenance. The owner, occupant, or other person having legal custody and control of a historic landmark or contributing resource shall promptly repair such building or structure consistent with all other applicable local, state, and federal laws, if it is found to have any of the following defects as determined by the building and safety official:
1. 
Building elements in danger of falling and injuring persons or property.
2. 
Deteriorated or inadequate foundation.
3. 
Defective or deteriorated flooring.
4. 
Walls, partitions, or other vertical supports that split, lean, list, buckle, or are otherwise failing due to defective material or deterioration.
5. 
Ceilings, roofs, roof supports, or other horizontal members that sag, split, buckle, or are otherwise failing due to defective materials or deterioration.
6. 
Fireplaces or chimneys that list, bulge, settle, or are otherwise failing due to defective material or deterioration.
7. 
Deteriorated, crumbling, or loose exterior plaster.
8. 
Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including but not limited to broken windows or doors.
9. 
Defective or insufficient weather protection for exterior wall coverings, including lack of paint or weathering due to lack of paint or other protective covering.
10. 
Any fault, defect, or deterioration in the building that renders it structurally unsafe or insufficiently watertight.
C. 
Certificate of appropriateness. A certificate of appropriateness shall not be issued for the demolition of a historic landmark or contributing resource because of the failure of the owner to comply with the provisions of this section.
(Ord. No. 1000 § 4, 2022)
A. 
Purpose. The purpose of a certificate of appropriateness is to help maintain and return the lost or diminished architectural significance of the city's past.
B. 
Applicability. No person shall carry out or cause to be carried out any alteration, restoration, rehabilitation, construction, removal, relocation, or demolition of any historic landmark or contributing resource unless the city has first issued a certificate of appropriateness in accordance with the requirements of this chapter.
C. 
Exceptions. A certificate of appropriateness shall not be required for any of the following actions.
1. 
Ordinary maintenance or repair of any exterior architectural feature that does not involve a change in design, material, or external appearance of a historic landmark or contributing resource.
2. 
Alterations previously identified in an adopted conservation plan for a historic district or conservation district and designated in such conservation plan for review through the design review procedures set forth in this Development Code and approved accordingly.
3. 
Alterations that comply with the state historical building code.
4. 
Alterations or actions for which a certificate of economic hardship has been approved.
D. 
Procedures.
1. 
Application. An application for a certificate of appropriateness shall be filed with the planning department upon the prescribed form and shall contain the following data:
a. 
A description of the proposed work and an explanation of how it is compatible with the historical nature of the resource.
b. 
Plans describing the size, height, and appearance of the proposed work.
c. 
A site plan showing all existing buildings and structures and the relationship of the proposed work to the surrounding environment.
d. 
Relationship to the existing scale, massing, architectural style, site and streetscape, landscaping and signage, for new construction in historic districts.
e. 
If the application is for demolition, an explanation why the demolition is necessary and an economic feasibility report.
f. 
Other information deemed necessary by the planning director.
2. 
Commission Review. The commission shall conduct a public hearing on the application, after which it shall adopt a resolution approving, conditionally approving, or denying the application.
3. 
Planning Director Review. Notwithstanding the previous paragraph, the planning director shall review, and deny, approve, or conditionally approve any application for a certificate of appropriateness for any of the following types of alterations:
a. 
Repair or replacement of deteriorated materials with applications or materials of the same kind, type, and texture already in use for roofs, windows, siding material, chimneys and fire-places, accessory structures, or fencing.
b. 
Addition or deletion of awnings, shutters, canopies, and similar incidental appurtenances.
4. 
Upon approval, copies of the certificate of appropriateness shall be forwarded to the applicant, the building and safety official, the planning director, and any other department or agency that requests one.
5. 
No certificate of appropriateness shall become effective until the time to appeal its approval has expired.
E. 
Findings. The historic preservation commission shall only approve an application for a certificate of appropriateness if all of the following findings are made:
1. 
Standard Findings.
a. 
The project will not cause a substantial adverse change in the significance of an historic resource within the meaning of the California Environmental Quality Act.
b. 
The project is consistent with the purposes of this chapter.
c. 
The project is consistent with the secretary's standards.
2. 
Additional findings for demolitions. In the case of a certificate of appropriateness to allow demolition of part or all of a historic landmark or contributing resource, all of the following additional findings must be made.
a. 
All efforts to restore, rehabilitate, or relocate the resource have been exhausted.
b. 
Restoration or rehabilitation would require extensive alterations that would render the resource unworthy of preservation.
c. 
Failure to demolish the resource would adversely affect or detract from the character of the neighborhood.
3. 
Unsafe or dangerous conditions. Notwithstanding any other provision of this section, an application for a certificate of appropriateness may be approved if the commission finds the project is necessary to correct an unsafe or dangerous condition on the subject property that was not caused by a failure to maintain the property as required by this chapter.
(Ord. No. 1000 § 4, 2022; Ord. No. 1026, 5/15/2024)
A. 
Purpose. The historic preservation commission may issue a certificate of economic hardship to allow alteration or demolition of a historic landmark or contributing resource where denial of a certificate of appropriateness would create an undue hardship upon the owner.
B. 
Procedure.
1. 
Application. An application for a certificate of economic hardship shall be made on the prescribed form and shall be accompanied by all of the following information if requested by the planning director:
a. 
The estimated market value of the property in its current condition.
b. 
The estimated market value of the property after completion of the proposed alteration or demolition.
c. 
Estimates of the costs of proposed alteration or demolition.
d. 
In the case of demolition, the estimated market value of the property after renovation of the existing property for continued use and an estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional with experience in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property.
e. 
A rehabilitation report from a licensed structural engineer or architect with expertise in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation.
f. 
For income-producing properties, information on annual gross income, operating and maintenance expenses, tax deductions for depreciation, and annual cash flow after debt service, current property value appraisals, assessed property valuations, and real estate taxes.
g. 
Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years.
h. 
All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing, or ownership of the property.
i. 
The amount paid for the property if purchased within the previous 36 months, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer.
j. 
Any listing of the property for sale, rent, prices asked, and offers received, if any within the previous two years.
k. 
Any other information the planning director may reasonably require to determine whether or not the property does or may yield a reasonable return to the owners.
2. 
Hearing. The commission shall hold a public hearing on all applications for a certificate of economic hardship; after which it may approve, conditionally approve, or deny the application. Such hearing may be held concurrently with any related application for a certificate of appropriateness.
C. 
Findings. The commission shall not approve any certificate of economic hardship unless it makes all of the following findings:
1. 
Denial of the application would decrease the value of the subject property so as to leave no substantial value.
2. 
Sale or rental of the property is not financially feasible, when looking at the cost of holding such property for uses permitted in this zone.
3. 
Adaptive reuse of the property for lawful purposes is prohibited or impractical.
4. 
Denial of the application would damage the owner of the property unreasonably in comparison to the benefit conferred on the community.
(Ord. No. 1000 § 4, 2022)
Whenever any decision under this chapter by the city council, commission, or planning director to approve an application has the potential to diminish or destroy the historic, cultural, or architectural value of a historic landmark or contributing resource, the commission or planning director may impose conditions to mitigate the loss of a historic landmark or contributing resource. Such conditions may include, but not be limited to, the following:
A. 
Documentation of the historic features of the property including, but not limited to, site plans, floor plans, elevations, detailed drawings of character-defining features, photographic records of the exterior, interior, and any character-defining features, title deed of the original owners, any historical information of person and events associated with the site.
B. 
Requirement for salvage, relocation, donation, or adaptive reuse of significant items or features within or on the property.
(Ord. No. 1000 § 4, 2022)
A. 
No permit for the demolition of any structure more than 50 years old or located on a property listed in the inventory of historic resources shall be issued unless the provisions of this section have been satisfied.
B. 
Within 30 days of the date on which an application for such a permit is deemed complete, the planning director shall review the historic significance of the property to determine whether the property meets the criteria for a historic landmark. If the planning director finds the property meets the criteria, he or she shall immediately initiate a historic landmark application and provide written notice of the decision to the property owner.
C. 
If the planning director initiates a historic landmark application, no demolition permit shall be issued until final action of the city council denying the proposed designation, except as otherwise provided in section 17.18.080 (Unsafe or Dangerous Conditions).
D. 
If the planning director does not initiate a historic landmark application within the 30 days specified by this section, the hold on the permit for demolition shall be released.
(Ord. No. 1000 § 4, 2022)
A. 
None of the provisions of this chapter shall be construed to prevent any construction, alteration, removal, demolition, or relocation of a historic landmark or contributing resource necessary to correct the unsafe or dangerous conditions of any structure, or feature, or part thereof, where the building and safety official has declared such condition unsafe or dangerous and the proposed construction, alteration, removal, demolition, or relocation is necessary to correct the unsafe or dangerous condition. Only such work as is necessary to correct the unsafe or dangerous condition may be performed pursuant to this section.
B. 
The building and safety official shall inform the commission prior to authorizing any work pursuant to this section unless he or she determines that such work is immediately necessary to correct the unsafe or dangerous condition, in which case, the building and safety official shall report his or her actions to the commission at its next regular meeting.
C. 
If work authorized by the building and safety official pursuant to this section is not immediately necessary to correct the unsafe or dangerous condition, the commission may advise the building and safety official of the historic significance of the building and recommend a reasonable period of postponement for the purpose of arranging for rehabilitation, relocation, or salvage of the historic resource or contributing resource. Notwithstanding the foregoing, if no arrangements have been made for rehabilitation, relocation, or salvage within 60 days of an order to abate a nuisance, the building official may proceed with the abatement action.
(Ord. No. 1000 § 4, 2022)
A. 
The historic preservation fund is established to provide funding for historic preservation efforts such as surveys, development of design guidelines, public education, and incentive programs. All funds deposited into the historic preservation fund shall be used solely for the conservation, preservation, restoration, or rehabilitation of historic resources.
B. 
The commission shall advise the city council regarding the use and expenditure of funds from the historic preservation fund and shall recommend activities or actions necessary to fulfill the objectives of the historic preservation fund.
C. 
No money from the historic preservation fund shall be used for the sole benefit of any property unless it has been designated a historic landmark, a point of historic interest, or a contributing resource.
(Ord. No. 1000 § 4, 2022)
A. 
To encourage owners to designate, maintain, preserve, rehabilitate, and improve historic landmarks and contributing resources, the city provides the incentives set forth in this section. Only properties designated as historic landmarks or contributing resources are potentially eligible to apply for preservation incentives.
B. 
Mills Act contracts. Pursuant to and consistent with Government Code § 50280, the city council may enter into Mills Act contracts with the owner of a historic landmark for the purpose of preservation, rehabilitation, and maintenance of designated historic resources, which shall allow the owner to receive a reduction in property taxes in exchange for a commitment to specific repair, restoration, or rehabilitation improvements and satisfactory maintenance of the property. The agreement shall include, but not be limited to, the contract provisions required under state law and shall extend for a minimum period of ten years, renewed annually, until and unless a notice of nonrenewal or cancellation is filed. The application process, review procedures, and required contract provisions for Mills Act agreements shall be established at the sole discretion of the city council based on the recommendations of the commission in a form to be approved by the city attorney. The planning director or designee shall implement the program.
C. 
Public recognition. The commission may establish a program to publicly recognize historic resources, points of historic interest, historic districts, and conservation districts with plaques, signage, and other appropriate forms of recognition.
D. 
State historical building code. Any alteration made for preservation, rehabilitation, restoration, or relocation of historic resources may be made according to the requirements of the latest adopted state historical building code.
E. 
Nonconforming parking. Single-family residences designated as historic resources that are nonconforming due to substandard parking shall not be required to provide parking according to current standards provided that additional floor area does not exceed 50 percent of the existing floor area in any 24-month period. Multiple-family developed properties designated as historic resources that are nonconforming due to substandard parking shall not be required to bring the existing parking into compliance with current parking requirements due to the addition of new units, provided that parking for the new units meets the current zoning standards.
F. 
Fee relief and waivers. Historic landmarks and contributing resources are eligible for the following fee waivers, refunds, and reductions:
1. 
A 50 percent refund of applicable building permit fees at time of issuance for projects found to be in compliance with the secretary's standards.
2. 
A 50 percent refund of applicable planning fees, not including applications made pursuant to this chapter, at the time of issuance for projects found to be in compliance with the secretary's standards.
3. 
Waiver of application fees to operate a large family day care if the proposed location is a historic landmark or contributing resource. A large family day care means 12 children are being cared for in a private residence and up to 14 children if two of the children are at least six years of age.
G. 
Preservation easements. The city may agree to the acquisition of preservation easements on the facades of buildings designated as historic landmarks or the acquisition of such on the city's behalf by a nonprofit group designated by the city through purchase, donation, or condemnation pursuant to Civil Code § 815.
(Ord. No. 1000 § 4, 2022)