This chapter shall be known as the "City of Live Oak Historic Preservation Ordinance" of the City of Live Oak, California.
(Ord. 424 § 1, 1995; Ord. 514 § 1, 2008)
The ordinance codified in this chapter is adopted to preserve areas and specific structures and objects in the City which reflect elements of its cultural, social, economic, political and architectural history; to promote their use for the education and welfare of the residents of the City; to encourage tourists to visit the City; to stabilize and improve property values in historic areas, structures and objects for the ultimate aesthetic and economic benefit of the City; and to provide increased availability to building owners of various construction code, financing aids and tax benefits permitted under State and Federal laws when buildings have designated historical landmark status or lie within a designated historical district.
(Ord. 424 § 1, 1995; Ord. 514 § 1, 2008)
A Review Committee comprised of the City Council shall act as a Historical Preservation Commission.
(Ord. 424 § 1, 1995; Ord. 514 § 1, 2008)
The Commission shall have the following powers and duties:
A. 
To undertake a comprehensive historic resources inventory and maintain a historic register;
B. 
To establish various criteria, guidelines and standards to carry out the intent of this chapter;
C. 
To recommend and as appropriate finance ways to fund and to otherwise make financially feasible the protection of historical landmarks and historical districts in the City; and
D. 
To implement the historic preservation goals and policies of the General Plan and the ordinance codified in this chapter by developing information and programs to increase awareness of, preservation of, and use of historical landmarks and historical districts in the City.
(Ord. 424 § 1, 1995; Ord. 514 § 1, 2008)
For the purposes of this chapter, an improvement, natural feature or site may be designated a cultural resource by the City Council and any areas within the City may be designated an historic district by the Council pursuant to Section 15.43.060 if it meets the criteria for listing on the National Register of Historic Places or 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 of Live Oak;
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 eras 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. 424 § 1, 1995; Ord. 514 § 1, 2008)
A. 
The City Council may designate a landmark or historical district upon compliance with the following procedure:
1. 
Information concerning the proposal shall be filed with the Planning Department and shall include:
a. 
The assessor's parcel number for the site;
b. 
A description detailing the special aesthetic, cultural, architectural, or engineering interest or value of a historic nature;
c. 
A map outlining the subject area;
d. 
Sketches, drawings, photographs or other descriptive material showing what is to be preserved;
e. 
A statement of condition of the structure, object, or particular place;
f. 
Such other information as reasonably may be requested by the Committee.
2. 
The proposal shall be considered at a public hearing. Notice of the time, place and purpose of such hearing shall be given by the Committee staff in a newspaper of general circulation in the City and by mail to each owner of property subject to the proposed designation as a landmark or inclusion in the historical district, and adjacent property owners, not less than 10 calendar days prior to the date of hearing.
3. 
Recommendation of designation of all or part of the proposal shall be based on enumerated facts which show that the standards contained in this chapter for designation as a historical landmark or a historical district have been met.
4. 
A proposal for recommendation of designation of residential, commercial and public building properties cannot be considered unless accompanied by written consent of a majority of property owners.
B. 
The City Council shall approve, modify or disapprove the recommendation upon compliance with the following procedure:
1. 
A public hearing on the matter shall be scheduled for the next regular meeting consistent with demands of the agenda. Notice of the time, place and purpose of such hearing shall be given by the designated City representative in a newspaper of general circulation in the City and by mail to each owner of property subject to the proposed designation as a landmark or inclusion in the historical district, and adjacent property owners, not less than 10 calendar days prior to the date of hearing.
2. 
Approval of the recommendation for designation shall be by resolution of the City Council. The designated City representative shall give written notice of such designation to each owner of property subject to the designation and other persons or agencies requesting notice thereof.
(Ord. 424 § 1, 1995; Ord. 514 § 1, 2008)
No person shall demolish, remove, move, make alterations which affect the exterior appearance of or cause excavations which affect the exterior appearance of a designated historical landmark or undertake the same with respect to any structure located in a designated historical district without first obtaining approval from the Review Committee; excepting therefrom, maintenance or repair work that does not change the design, material or exterior appearance thereof, or work authorized by the Building Official upon written approval of the Building Department.
(Ord. 424 § 1, 1995; Ord. 514 § 1, 2008)
A property owner who desires to construct, alter, move, remove or demolish a designated historical landmark or any structure within a designated historical district shall file an application with the Building Department upon a form prescribed by the City. The application shall include all necessary information required by the Committee. When the application is filed, it shall be referred to the Committee.
(Ord. 424 § 1, 1995; Ord. 514 § 1, 2008)
A. 
Upon the filing of an application, the staff of the Committee shall set the matter for hearing and shall give written notice to the applicant and shall cause publication of notice in a newspaper of general circulation in the City, of the date, time and place of the hearing. The Committee shall hold a public hearing and shall make its decision within 45 days from the date the application is filed with the Building Department. Approval of the application shall require an affirmative vote of a majority of the Committee members present. If the Committee fails to act within 45 days, the application shall be considered approved unless the applicant and the Committee agree to an extension of time.
B. 
At the conclusion of the hearing the Committee shall make its decision and shall file a certificate of approval with the Building Official or deny the application. No person may do any work upon a designated historical landmark or any structure within a designated historical district which is a subject of an application and the Building Official may not issue a building permit until the Committee files a certificate of approval.
C. 
Approved work shall be completed within one year from the date of approval unless substantially undertaken before such period has elapsed and diligently pursued thereafter.
D. 
Regardless of any other action taken on the permit the applicant may proceed after 90 days with their plans including, but not limited to, alter, move, remove, remodel or demolition providing compliance with all other applicable portions of the municipal code.
(Ord. 424 § 1, 1995; Ord. 514 § 1, 2008)
In reviewing and acting upon each application for permit, the Committee shall consider:
A. 
The historic value and significance, or the architectural value and significance, or both, of the designated historical landmark or of the structure within a designated historical district and its relation to the historic value of the surrounding area;
B. 
The relationship of the exterior architectural features of the structure to the rest of the structure itself and to the surrounding area;
C. 
The general compatibility of the exterior design, arrangement, texture and material which is proposed by the applicant;
D. 
Plans for structures which have little or no historical value or plans for new construction for their compatibility with surrounding structures;
E. 
Conformance with the guidelines and standards adopted by the Committee and this chapter; and
F. 
Conformance with the Live Oak General Plan.
(Ord. 424 § 1, 1995; Ord. 514 § 1, 2008)
The Committee shall consider and pass upon only: (1) the exterior features of a designated historical landmark unless the applicant voluntarily requests that interior features be included in the review; or (2) new structures upon sites located within a designated historical district and may not consider interior arrangement therein.
(Ord. 424 § 1, 1995; Ord. 514 § 1, 2008)
A. 
If an application affects the exterior appearance of a structure or proposes to move, remove or demolish a structure which the Committee considers will be a great loss to the City, the Committee shall attempt to work out an economically feasible plan for the preservation of the structure.
B. 
If the Committee is satisfied that the proposed construction or alteration will not materially impair the historic or architectural value of the structure, it shall approve the application for permit.
C. 
If the Committee finds that the retention of the structure constitutes a hazard to public safety and the hazard cannot be eliminated by economic means available to the owner, the Committee shall approve the application for demolition.
D. 
If the Committee considers the structure valuable for the period of architecture it represents and important to the neighborhood in which it exists, the Committee may nevertheless approve the application if any of the following circumstances exist:
1. 
The structure is a deterrent to a major improvement program which substantially benefits the City; and/or
2. 
Retention of the structure is not in the interest of the majority of inhabitants of the City.
E. 
The Committee may approve the moving of a structure of historical or architectural value as an alternative to demolition.
(Ord. 424 § 1, 1995; Ord. 514 § 1, 2008)
The regulations contained herein which require approval by the Committee do not apply to painting, routine maintenance or repair of a designated historical landmark or a structure within a designated historical district.
(Ord. 424 § 1, 1995; Ord. 514 § 1, 2008)
A. 
Any person dissatisfied with any action of the Committee on a request for historical district or landmark designation may appeal the decision to the City Council at any time within 10 days after the rendition of the decision by the Committee (unless additional time is granted by the Committee). The appeal is taken by filing a notice of appeal with the staff of the Committee. Upon filing of the notice of appeal and payment of a filing fee, the Committee staff must, within 10 days, transmit to the City Manager or designated representative all exhibits, notices, affidavits, orders and other papers and documents on file together with the finding of the Committee.
B. 
The City Council shall hold a hearing upon said appeal after giving written notice to the applicant and by causing a notice thereof to be published at least once in a newspaper of general circulation within the City of Live Oak at least 10 days prior to said hearing by the City Council.
C. 
No official action such as the issuance of a building permit, license or other type of permit shall be taken while an appeal or proceedings for designation are pending.
(Ord. 424 § 1, 1995)
The provisions of this chapter shall be enforced by the Building Official of the City with the aid of persons from such other departments as may be requested by the official. The provisions of the State Historic Building Code (California Administrative Code, Title 24, Part 8) shall be applicable in permitting repairs, alterations and additions necessary for the preservation, restoration, moving or continued use of a historical building or structure.
(Ord. 424 § 1, 1995; Ord. 514 § 1, 2008)
Any person who violates the provisions of this chapter shall be guilty of maintaining a public nuisance. The Building Official may mail written notice to the owner that a violation exists. The owner then shall have 30 days to remedy the violation. The notice shall state that if the violation is not corrected within the time specified, legal proceedings to abate the violation shall be instituted.
(Ord. 424 § 1, 1995; Ord. 514 § 1, 2008)