It is declared as a matter of public policy that the recognition, protection, preservation, enhancement, perpetuation and use of sites and structures within the City having historic significance is necessary and required in the interest of the health, safety, prosperity and general welfare of the public. The purpose of this chapter is to:
A. 
Effect and accomplish the protection, enhancement and perpetuation of such improvements which represent or reflect significant elements of the City's history;
B. 
Safeguard the City's historic heritage, as embodied and reflected in specifically defined historic preservation districts;
C. 
Stabilize and improve property value;
D. 
Protect and enhance the City's attraction to residents, tourists and visitors, and serve as a support and stimulus to business and industry;
E. 
Strengthen the economy of the City;
F. 
Promote the use of historic preservation districts for the education, pleasure, prosperity and welfare of the people of the City.
(Ord. 18 § 2, 2008, RCC § 15.72.010)
In this chapter, unless the context otherwise requires, the following words shall have the following meanings:
"Alteration"
means:
1. 
Any act or process which changes or modifies one or more of the exterior architectural features of an existing structure within the boundaries of a historic preservation district including, but not limited to, exterior changes to, or modification of structure, architectural details, or visual characteristics such as paint color and surface texture;
2. 
The placement or removal of any exterior objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings and landscape accessories affecting the exterior visual qualities of the property; or
3. 
Any new construction that requires a permit or entitlement of use from the City.
"Applicant"
means any person who applies for a certificate of historic appropriateness affecting property subject to this chapter.
"Certificate of historic appropriateness"
means a certificate issued by the Planning Department or, on appeals, by the Area Planning Council having jurisdiction, which approves plans for the construction or alteration of an improvement or a modification of use of a specific site or natural feature within the boundaries of a historic preservation district.
"City Council" or "Council"
means the City Council of the City of Wildomar.
"Elevations"
means the flat scale orthographic projected drawings of all exterior vertical surfaces of a budding.
"Exterior architectural feature"
means the architectural design, general arrangement and components of all of the outer surfaces of an improvement, including, but not limited to, the kind, color and texture of the building material and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement.
"Facade"
means the front, side, rear or superstructure of a building, or any part of a building which is subject to view from a public right-of-way.
"Historical Commission"
means the City of Wildomar Historical Commission.
"Historic preservation district"
means any area designated by the City Council as a historic area that is subject to the provisions of this chapter.
"Improvement"
means any building, structure, place, parking facility, fence, gate, wall or other object constituting a physical betterment of real property, or any part of such betterment.
"Person"
means any person, firm, corporation or association.
"Planning Commission"
means the City of Wildomar Planning Commission.
(Ord. 18 § 2, 2008, RCC § 15.72.020)
A. 
Any person may file a request that the Historical Commission study and make recommendations regarding the designation of certain areas of the City having special historical significance as historic preservation districts. All such requests shall be filed with the Parks Director and shall be accompanied by copies of assessor's maps clearly delineating the boundaries of the area to be considered as a historic preservation district along with a statement of justification describing the historical significance of the area.
B. 
The Parks Director shall study the matter and, upon completion of the review, place the request on the regular agenda of the Historical Commission for its recommendation.
C. 
Upon completion of its review, the Historical Commission shall make a recommendation on the proposal and forward it to the Planning Director. The Historical Commission shall recommend that an area be designated as a historic preservation district only if it determines that there is a factual basis to make one or more of the findings listed in subsection F of this section.
D. 
Upon receipt of a recommendation from the Historical Commission, the Planning Director shall review the matter and shall cause the proposal to be environmentally assessed, including the preparation of an environmental impact report, if required, and upon completion thereof shall set the matter for a public hearing before the Planning Commission.
E. 
The Planning Commission shall hold a public hearing on the proposed historic preservation district and shall make a recommendation to the City Council as to whether the proposed district is in conformity with the purposes and criteria of the historic and prehistoric resources section of the City's comprehensive General Plan and otherwise meets the criteria set forth in this chapter for the establishment of a district, including its recommendation regarding the findings required in subsection F of this section. Notice of the time and place of the public hearing before the Planning Commission, including a general description of the area and explanation of the matter to be considered shall be given at least 10 calendar days before the hearing by publication once in a newspaper of general circulation, published and circulated in the City and by posting a notice in conspicuous places located within the boundaries of the proposed historic preservation district not less than 10 days prior to the hearing.
F. 
Upon receipt of a recommendation from the Planning Commission, the City Clerk shall place the matter upon the regular agenda of the City Council for determination by the Council as to whether it desires to hold a public hearing on the matter. If the Council determines to hold a public hearing, not less than 14 days prior to the date of the hearing, the City Clerk shall mail to every property owner within the boundaries of the proposed historic preservation district, at the addresses shown on the last equalized assessment roll, a notice of hearing and shall file an affidavit in the proposed district file verifying that the mailing has been completed. All such notices shall include the time and place of the hearing, a description of the area to be included in the proposed district, an explanation of the purpose of the district, a brief description of the type of restrictions that will be applied to all property in the district, and a statement that oral and written protests to the proposed formation will be considered at the hearing. After closing the public hearing, the Council shall make its decision regarding the formation of the proposed district within a reasonable time thereafter; provided, however, a district shall be established only if the Council makes one or more of the following findings regarding the area being considered:
1. 
The area exemplifies or reflects significant aspects of the cultural, political, economic or social history of the nation, state or City;
2. 
The area is identified with historic personages or with important events in national, state or local history; or
3. 
The area embodies the distinguishing characteristics of a significant architectural period which is inherently valuable for the study of architecture unique to the history of the City, state or nation.
G. 
Notwithstanding the above, if the Council finds during the public hearings that protests have been made by the owners of real property within the proposed historic preservation district, the assessed value of which, as shown by the last equalized assessment roll, constitutes more than one-half of the total assessed value of the real property within the proposed district, the proceedings shall be immediately terminated and the Council shall not, for one year thereafter, commence any proceedings relating to the formation of a historic preservation district involving any portion of the real property owned by any person filing a protest.
H. 
All requests to terminate or modify the boundaries of an established historic preservation district shall be made in writing directly to the City Council, stating the reasons therefor. The Council may accept or reject a request without any hearing thereon; provided, however, if a request is accepted, the matter shall then be referred to the Parks Director for processing in the same manner as for the formation of a district. Whenever a request for modification or termination of an established district is accepted by the Council and is ultimately set for hearing before the Council, pursuant to subsection F of this section, every property owner within the established district shall receive notice of the hearing on the matter.
(Ord. 18 § 2, 2008, RCC § 15.72.030)
A. 
Each historic preservation district that is established shall have a local review board composed of five members, appointed by the City Council, who shall serve without pay. One member shall be knowledgeable in architectural and construction techniques and all members shall exhibit an interest in and knowledge of the history and architecture of the historic preservation district. Members shall be appointed for terms of two years, except that two members initially appointed to the review board shall be appointed for one-year terms so that the number of terms expiring in any year shall not differ by more than one from the number of terms expiring in any other year.
B. 
The local review board shall hold regular public meetings and establish such rules as may be appropriate or necessary for the orderly conduct of its business. At its first meeting, the appointed members shall elect officers who shall serve for terms of one year. Three members shall constitute a quorum, and decisions of the review board shall be determined by majority vote of those members at any meeting.
C. 
The local review board shall have the following powers and duties in addition to those otherwise provided in this chapter:
1. 
Provide for pre-application conferences with individuals interested in constructing or altering property within the historic preservation district. The purpose of these conferences shall be to familiarize the applicant with the historic significance and related construction theme of the district;
2. 
Recommend implementation guidelines and standards to be used by the local review board in the review of applications, which shall be submitted to the Planning Director for a determination of consistency with the historic and prehistoric resources section of the City's comprehensive General Plan. The approved guidelines shall be used by the local review board and the Planning Department as the basis of approving or denying applications for a certificate of historic appropriateness. The guidelines shall contain drawings and photographs or reproductions thereof, including a standardized survey of historic sites and structures which will serve as general guides of acceptable construction within the district;
3. 
Explore means for the protection, retention and use of any significant structures, natural features, sites and areas in the district including, but not limited to, appropriate legislation and financing by independent funding organizations or other private, local, state or federal assistance;
4. 
Serve as an advisory resource to all agencies of the City in matters pertaining to the district, and to encourage efforts by, and cooperation with, individuals, private organizations and other governmental agencies concerned with preservation of the district's architectural, environmental and cultural heritage;
5. 
Render advice and guidance, upon request of the property owner or occupant regarding construction, restoration, alteration, decoration, landscaping or maintenance of any structure, natural feature, site or area within the district;
6. 
Encourage public understanding and appreciation of the unique architectural, environmental and cultural heritage of the community through educational and interpretative programs.
(Ord. 18 § 2, 2008, RCC § 15.72.040)
A. 
Within the boundaries of an adopted historic preservation district, no building or structure shall be constructed or altered and no building permit, except for permits for demolition of a building, shall be issued by the Director of Building and Safety unless a certificate of historic appropriateness is first issued by the Planning Director or granted on appeal by the Planning Commission or the East Area Planning Council.
B. 
Within the boundaries of an adopted historic preservation district, no person shall alter, or cause to be altered, construct, or cause to be constructed, any building or structure, except in strict compliance with the plans approved in conjunction with the issuance of a certificate of historic appropriateness.
C. 
Nothing in this section shall be construed so as to exempt any person from complying with any other provision of law.
(Ord. 18 § 2, 2008, RCC § 15.72.050)
An application for a certificate of historic appropriateness, authorizing the construction or alteration of a building or structure within a historic preservation district, shall be made in accordance with the following procedure:
A. 
Any owner, or person authorized by the owner, of a parcel of property, improved or unimproved, may request the issuance of a certificate of historic appropriateness by filing with the Planning Director an application for a certificate on the form furnished by the Planning Director. No application shall be accepted by the Planning Department for processing unless accompanied by a filing fee as set forth in Chapter 3.44, such data and other information as is required by the Planning Director, including any required environmental documentation, and drawings signed by any architect responsible for the construction or alteration of the building or structure. The drawings must be in sufficient detail to meaningfully show, insofar as they relate to exterior appearances, the proposed architectural design, including elevations, proposed materials, textures, and colors, including samples of materials or colors and the plot plan or site layout, including all improvements affecting appearances, such as walls, walks, terraces, plantings, accessory buildings, signs, lights, and other elements.
B. 
Upon receipt of a completed application, the Planning Director shall transmit a copy of the application to the local review board, the Historical Commission and any other department or agency deemed necessary by the Director, each of which shall have 30 days to submit written comments to the Planning Director.
C. 
The Planning Director shall approve or deny an application for a certificate within 30 days after the expiration of time for written comments and shall give notice of the decision, by mail, to the applicant, together with any required conditions of approval. The Planning Director shall also mail a copy thereof to the Historical Commission, the local review board and all persons and organizations that have filed an annual written request to be notified of any such decisions within a specified historic preservation district and who have paid an annual fee to cover the costs involved.
D. 
No application for a certificate of historic appropriateness shall be approved unless the Planning Director, or on appeal, the Planning Commission or the East Area Planning Council, whichever has jurisdiction, finds that the proposed construction or alteration is consistent with and conforms to the objectives and design criteria set forth in the historic and prehistoric resource section of the City's comprehensive General Plan and the guidelines and standards of the local review board that relate to the specific historic preservation district in which the proposed construction is located.
(Ord. 18 § 2, 2008, RCC § 15.72.060)
The applicant, or any interested person may appeal any final decision of the Planning Director to grant an application for a certificate of historic appropriateness. All appeals must be filed within 10 days after the Planning Director has issued a decision, must be in writing on the forms provided by the Planning Department and must be accompanied by a filing fee as set forth in Chapter 3.44. Upon receipt of a completed appeal, the Planning Director shall set the matter for hearing not less than 10 days nor more than 35 days thereafter and shall give written notice of the hearing to the appellant, the applicants, the local review board and all persons and organizations who have filed an annual written request to be notified of any appeals within a specified historic preservation district and who have paid the fee to cover the costs involved. All appeals that are within the area jurisdiction of the East Area Planning Council shall be heard by that Council; all other appeals shall be heard by the Planning Commission. The Planning Commission or the East Area Planning Council shall render its decision within 35 days following the close of the hearing on the appeal.
(Ord. 18 § 2, 2008, RCC § 15.72.070)
A. 
Any building or structure constructed or altered contrary to the provisions of this chapter shall be declared to be unlawful and a public nuisance and the district attorney shall immediately commence action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law; and shall take such other steps, and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such building, structure or use and restrain and enjoin any person from setting up, erecting or maintaining such building or structure, or using any property contrary to the provisions of this chapter.
B. 
All remedies provided for in this section shall be cumulative and not exclusive. The conviction and punishment of any person under this chapter shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures or improvements, nor prevent the enforced correction or removal thereof.
C. 
Any person, firm or corporation violating any of the provisions of this chapter or of any permit or exception granted under this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not to exceed $1,000.00 or by imprisonment not to exceed six months, or by both such fine and imprisonment.
(Ord. 18 § 2, 2008, RCC § 15.72.080)