This chapter is intended to:
A. 
Appreciate the City's Past. Encourage public knowledge, understanding, and appreciation of, and a sense of identity with, the City's past;
B. 
Enhance Historic Sites. Designate, enhance, perpetuate, preserve, protect, and restore those historic districts, neighborhoods, sites, structures, and zones, which contribute to the cultural and aesthetic benefit of the City;
C. 
Encourage Utilization of Structures. Promote and encourage continued existing private ownership and utilization of structures to the extent that the objectives listed above can be attained;
D. 
Foster Pride. Foster civic and neighborhood pride in the beauty and accomplishments of the past;
E. 
Maintain Style and Character. Maintain the style and character of structures and neighborhoods;
F. 
Preserve Architectural Styles. Preserve diverse architectural styles and design reflecting phases of the City's history, and encourage complementary contemporary design and construction;
G. 
Protect Against Adverse Effects. Protect structures, improvements, natural features, objects, and areas of architectural, cultural, economic, historic, and social importance from any alteration, demolition, or removal which could result in an adverse effect on the resource being protected; and
H. 
Stabilize Values. Stabilize and improve the economic value of historic districts, neighborhoods, sites, structures, and zones.
(Prior code § 16-730.010)
The Council finds that:
A. 
Endowed With Important Sites and Structures. The City is endowed with numerous important sites and structures of architectural, cultural, and/or historical interest or value, which are occasionally threatened by destruction;
B. 
Many Already Destroyed. Many important sites and/or structures have already been destroyed or impaired;
C. 
Feasible to Preserve. It is feasible, economically and in other ways, to preserve, and/or restore and promote many structures which exemplify or embody an architectural style, or the cultural heritage or history of this City, the State, or the Nation; and
D. 
Public Interest. The preservation of the remaining sites and structures is in the public interest and would promote the health, safety, and general welfare of the City.
(Prior code § 16-730.020)
The review authorities for the Certificate of Appropriateness and Cultural Resource designations and their role for each are listed in Tables 7-2 as follows:
TABLE 7-2
CULTURAL RESOURCE REVIEW AUTHORITIES
Board
Director
Commission
Council
Certificates of Appropriateness
Recommendation
Decision
Appeal
Appeal
Landmarks
Recommendation
——
Recommendation
Decision
Historic Preservation Districts
Recommendation
——
Recommendation
Decision
Historic Sites
Recommendation
——
Recommendation
Decision
Structures of Merit
Decision
——
Appeal
Appeal
(Prior code § 16-730.030; Ord. 2019-06-18-1503 C.S. § 2)
A. 
Membership. The Cultural Heritage Board (referred to in this Development Code as the Board) shall be comprised of nine members selected and appointed by the Commission with the approval of the Council.
1. 
Composition. To the maximum extent possible, the Board shall have at least one member from each of the following categories:
a. 
One member having extensive real estate experience in the City;
b. 
One member having extensive experience in the construction industry;
c. 
One member being an architect licensed by the State;
d. 
One member being a historian;
e. 
One member being a professional archaeologist; and
f. 
One member being a resident of the City for over 40 years.
2. 
Term of Office. The term of office for each member shall be four years with the term expiring on October 31st of the fourth year, or until the new members have been appointed, whichever occurs last. Vacancies occurring during a term shall be filled for the unexpired period of the term in the same manner as the original appointment. Terms shall be staggered to ensure continuity.
3. 
City Residency Required. Board members shall be residents of the City at the time of application for appointment and during their full term in office. Failure to reside within the City shall result in automatic forfeiture of appointment. Written notice of any change of residence shall immediately be filed with the Department with notice to the City Clerk. Any unexpired term shall be filled in compliance with this section.
4. 
Officer or Employee of the City Prohibited. A member shall not be:
a. 
An elected official or an employee of the City; or
b. 
Disqualified due to membership on or employment by any other agency, authority, board, or commission of, or created by or for, the City.
5. 
Resignation From Office. The resignation of a member shall require the submittal of a signed resignation letter to the Board. A copy of the resignation letter shall be sent to the City Clerk.
6. 
Removal From Office. A member may be removed from office for cause after a hearing and an affirmative vote of the Commission subject to approval by the Council.
7. 
Conflict of Interest. A member shall not knowingly acquire any interest in any property, which is the subject of any action or appeal before the Board. A member having any interest in the property shall make immediate disclosure of the fact of an interest and shall be disqualified from all deliberations by the Board relating to that property.
8. 
Compensation. Any compensation to members shall be established by resolution of the Council.
B. 
Meetings. The time, place, and frequency of its meetings shall be fixed by the Board.
1. 
Chairperson and Vice Chairperson. The Board shall elect a chairperson and vice chairperson from among its members. The term of office of the chairperson and vice chairperson shall be for 12 months, or its balance should they be elected to fill a vacancy.
2. 
Quorum. A majority of the total number of members appointed to the Board shall constitute a quorum at any regular or special meeting of the Board.
3. 
Votes to Transact Business. A minimum of five concurring votes shall be required in order to transact business or decide any matter before the Board. An appeal, petition, request, or other matter shall be deemed disapproved absent the required number of votes.
C. 
Powers and Duties. The Board shall have the following powers and duties:
1. 
Recommend for Approval. Recommend for approval to the Commission and the Council areas, sites, and structures including single sites or structures, portions of structures, groups of structures, man-made or natural landscape elements, works of art, or integrated combinations, having a special character, or special aesthetic, architectural, or historical interest as:
a. 
A Landmark in compliance with Section 16.220.070 (Landmarks);
b. 
A Historic Site in compliance with Section 16.220.090 (Historic sites); or
c. 
A Historic Preservation District constituting a specific designated section of the City in compliance with Section 16.220.080 (Historic preservation district).
2. 
Certificates of Appropriateness. Review and recommend to the Director, applications for certificates of appropriateness for the exterior alteration, construction, and/or demolition of Landmark sites and structures, and sites and structures in historic preservation districts in compliance with Section 16.220.060 (Certificates of appropriateness).
3. 
Structures of Merit. Designate Structures of Merit in compliance with Section 16.220.100 (Structures of Merit).
4. 
Consult With Other Groups. Consult with and consider the ideas and recommendations of civic groups, public agencies, and citizens interested in cultural preservation, including the appointment of a Historic District Advisory Committee.
5. 
View Project Sites. View areas, sites, and structures which it has reason to believe are worthy of preservation.
6. 
Disseminate Information. Disseminate information to the public concerning those areas, sites, and structures deemed worthy of preservation, and encourage and advise property owners and members of the community generally in the enhancement, perpetuation, protection, and use of landmarks, historic sites, property in historic preservation districts, and other officially recognized structures of merit.
7. 
Methods of Preservation. Consider and implement methods consistent with this chapter for achieving and encouraging architectural or historical preservation.
8. 
Review Landmarks, Historic Sites, and Historic Preservation Districts. Periodically review landmarks, historic sites, and historic preservation districts to promote the adherence to the intent of the designation.
9. 
Historic District Advisory Committee. Establish an advisory committee for any historic preservation district, as deemed appropriate, in compliance with Section 16.220.050 (Historic District Advisory Committee).
D. 
City Furnished Assistance. The City shall furnish to the Board adequate secretarial and executive assistance, meeting space, and upon the Board's request, the services and advice of other departments of the City.
(Prior code § 16-730.040)
A. 
Membership and Operating Rules. The Board may establish a Historic District Advisory Committee (referred to in this Development Code as the Committee) in a Historic Preservation District. The continued existence of the Committee, and the number of committee members, as well as special qualifications, shall be determined in each instance by the Board and may be tailored to meet the needs of the District, except that:
1. 
An elected or appointed official of the City may not be a member of the Committee;
2. 
The Committee shall have a minimum of three members;
3. 
The term of office for each member shall be 12 months; members may serve unlimited consecutive terms;
4. 
Membership shall be composed of at least two-thirds residents, tenants, and property owners in the district, with one-third open to other interested persons living within the City; and
5. 
Members shall serve without compensation.
B. 
Advisory Capacity Only.
1. 
The Committee shall act solely in an advisory capacity to the Board in matters affecting the establishment or maintenance of a historic preservation district, including architectural review, review of public improvements, and liaison between the Board and the residents, tenants, and property owners of the district.
2. 
Committees formed in compliance with this section shall not exercise any decision-making authority or expend City funds. Actions of a Committee shall not be considered City actions, and shall not be represented as City actions.
(Prior code § 16-730.050)
A. 
Applicability.
1. 
Certificate of Appropriateness Required. Except for exemptions listed below, a certificate of appropriateness shall be required for the following:
a. 
Any exterior alteration, expansion, demolition, relocation, or removal of any artifact, natural feature, site, or structure within a historic preservation district;
b. 
Any exterior alteration, expansion, construction, demolition, relocation, or removal of any designated historic landmark;
c. 
Any new construction within a historic preservation district or on the property of a landmark; and
d. 
Any removal, alteration, expansion, or addition of lights, signs, landscaping, street trees, or other frontage improvements in a historic preservation district or property of a landmark.
2. 
Exemptions. The requirement for a certificate of appropriateness shall not apply to the following:
a. 
Interior changes to a structure;
b. 
Minor changes, including:
i. 
Landscaping which does not alter the style of the site or structure or adversely impact the general architectural and/or cultural features of the property,
ii. 
Electronic security systems,
iii. 
Interior fire and life safety devices and/or systems, and
iv. 
Application of same, similar or different paint colors to existing buildings except for those surfaces which, in the opinion of the Director, have historically been unpainted (e.g., masonry, wood shingles, chimneys). This provision does not apply to historic landmarks, and
v. 
Other conditions the Director determines to be minor;
c. 
If the Director determines that an emergency or hazardous condition exists and that it needs to be corrected to ensure public health, safety, and welfare.
3. 
Environmental Compliance. A certificate of appropriateness shall be subject to the requirements of CEQA and the City's CEQA Guidelines.
B. 
Requirement for Certificate of Appropriateness. A certificate of appropriateness shall be required:
1. 
In Addition to Other Permits. In addition to any other permits required by this Development Code or the Municipal Code; and
2. 
Before Issuance of Other Permits. Before issuance of any other permit to alter, demolish, or remove in any way the architectural features or appearance of the resource.
C. 
Application Filing, Processing, and Review.
1. 
Filing.
a. 
An application for a certificate of appropriateness shall be completed and filed, with any applicable fee, with the Department.
b. 
Applications shall include plans, specifications, and photographs, as required on the application, showing the proposed change in architectural appearance, texture of materials, and the proposed architectural design of the structure.
c. 
Applications for certificates of appropriateness may propose discreet alterations of a cultural resource or may propose a long-term plan of rehabilitation and preservation of a particular resource.
d. 
It is the responsibility of the applicant to provide evidence in support of the findings required by subsection G of this section (Findings and decision).
2. 
Application Review Procedures.
a. 
Each application shall be reviewed by the Director to ensure that the application is consistent with the purpose and intent of this chapter.
b. 
The Director shall transmit the application and plans to the Board for evaluation and written recommendation.
3. 
Noticing for Certificate of Appropriateness—Not Required. A public notice or hearing shall not be required for the Review Authority's action on a certificate of appropriateness.
D. 
Board Review. The Cultural Heritage Board shall review the application and plans based on appropriate considerations, which include the following:
1. 
Architectural design and style;
2. 
Texture and surface materials;
3. 
Appurtenant fixtures, fences, signs, and steps;
4. 
Major landscaping, alterations, additions, and/or removals;
5. 
Site development and placement of structures;
6. 
Height and bulk of structures;
7. 
Parking provisions;
8. 
Public areas including fixtures, signs, street furniture, and trees; and
9. 
Relation of the proposed work to the surrounding neighborhood.
E. 
Conditions of Approval.
1. 
In approving a certificate of appropriateness, the Review Authority may impose specific conditions as it finds are reasonable and necessary to ensure that the approval would be in compliance with the findings required by subsection G of this section (Findings and decision), and to carry out the purpose and requirements of this chapter, the respective zoning district, and any applicable overlay zone.
2. 
The conditions shall run with the land.
F. 
Recommendation and Decision. Within 45 days of the application and plans being deemed complete, the Board shall recommend that the Director, either approve or disapprove the application, in whole or in part. An extension may be granted at the written request of the applicant. The Board's recommendation shall include findings of fact relating to the criteria for obtaining the certificate, in compliance with subsection G of this section (Findings and decision).
G. 
Findings and Decision. The Board and applicable Review Authority shall enter the decision in writing with the findings of fact on which the decision is based. The certificates of appropriateness shall be approved, with or without conditions, only if all of the following findings of fact can be made. The issuance of the certificates of appropriateness would:
1. 
Designate, enhance, preserve, protect, restore, and perpetuate those historic districts, neighborhoods, sites, structures, and zones, which contribute to the aesthetic and cultural benefit of the City;
2. 
Encourage public appreciation, knowledge, and understanding of, and a sense of identity with, the City's past;
3. 
Foster civic and neighborhood pride in the accomplishments and beauty of the past;
4. 
Stabilize and improve the economic value of historic districts, neighborhoods, sites, structures, and zones;
5. 
Help preserve the diverse architectural design and styles that reflect phases of the City's history, and encourage complementary design and construction; and
6. 
Promote and encourage continued private ownership and utilization of structures currently owned and used.
H. 
Notice of Issuance. The Director shall send notice of the issuance of the certificate to the following:
1. 
The applicant;
2. 
The Board;
3. 
The respective Historic District Advisory Committee, if applicable; and
4. 
Affected City departments.
I. 
Post Approval Procedures.
1. 
Applicable Procedures. Unless otherwise stated below, the requirements for the use of property, issuance of a business license or certificate of occupancy, and performance guarantees following approval of a certificate of appropriateness shall be in compliance with Chapter 16.92 (Implementation Procedures, Conditions, and Requirements). In addition, the following procedures may apply after approval of a certificate of appropriateness:
a. 
Appeals in compliance with Chapter 16.100 (Appeals);
b. 
Changes to the project in compliance with Chapter 16.104 (Changes to an Approved Project); and
c. 
Revocation/modification in compliance with Chapter 16.108 (Revocation and Modification).
2. 
Expiration/Extension. To ensure continued compliance with the provisions of this chapter, each approved certificate of appropriateness shall expire 12 months from the date on which final action was taken to approve the application, unless otherwise identified in the certificate, if the alteration, construction, demolition, relocation, or removal has not been initiated. Time extensions may be granted in compliance with Chapter 16.96 (Expiration and Extensions).
(Prior code § 16-730.060; Ord. 2020-06-09-1501 C.S. § 35)
A. 
Criteria for Designation of Landmarks. In considering an artifact, natural feature, or structure for designation as a landmark, the Board shall apply any or all of the following criteria:
1. 
Archaeological Interest. Its potential for yielding significant information of archaeological interest;
2. 
Architectural Craftsmanship. Its embodiment of elements demonstrating outstanding attention to architectural and/or engineering craftsmanship, design, detail, or materials;
3. 
Architectural Style. Its exemplification of a particular architectural style or way of life important to the City, the State, or the Nation;
4. 
Architectural Type. Its exemplification of the best remaining architectural type in the City;
5. 
Historic Event. Its location as a site of a significant historic event;
6. 
Heritage. Its character, interest, or value as a significant part of the heritage of the City, the State, or the Nation;
7. 
Visual Feature. Its unique location or singular physical characteristic representing an established and familiar visual feature of the City;
8. 
Relationship to Another Landmark. Its relationship to any other landmark, if its preservation is essential to the integrity of that landmark;
9. 
Significant Person. Its identification with a person(s) who significantly contributed to the culture and development of the City, the State, or the Nation;
10. 
Work of a Significant Person. Its identification as the creation, design, or work of a person(s) whose effort has significantly influenced the heritage of the City, the State, or the Nation; or
11. 
Natural Environment. Its integrity as a natural environment that strongly contributes to the well-being of the people of the City, the State, or the Nation.
B. 
Procedures for Designation of Landmarks.
1. 
Initiation. Upon its own initiative, or upon an application filed with the Department by any person or entity, the Board may recommend to the Commission the designation as a landmark for any artifact, natural feature, or structure having aesthetic, archaeological, architectural, cultural, or historic significance.
2. 
Environmental Compliance. A landmark designation shall be subject to the requirements of CEQA and the City's CEQA Guidelines.
3. 
Procedure. The procedure for designation of a landmark shall be as follows:
a. 
Filing. The applicant shall file an application with the Department on a form provided for that purpose, and accompanied by any applicable fee in compliance with the Council's fee resolution.
b. 
Board's Recommendation. The Director shall transmit the application to the Board for review and evaluation.
i. 
The Board shall view any structure in the City nominated for landmark designation.
ii. 
The Board may adopt a resolution recommending that the artifact, natural feature, or structure be designated as a landmark. The recommendation shall contain a brief description of the artifact, natural feature, or structure and a written finding that the artifact, natural feature, or structure for designation as a Landmark meets one or more of the criteria identified in Section 16.220.080(A) (Criteria for designation of historic preservation districts).
iii. 
The Board shall transmit to the Commission its written recommendation for designation of a landmark.
c. 
Commission's Action. The Commission shall conduct a public hearing in compliance with Chapter 16.88 (Review Procedures) for action in which the Council is the Review Authority:
i. 
Notice of the time, place, and purpose of the hearing shall be given not less than 10 days before the date of the hearing by publication in a newspaper of general circulation in the City and by mailing to the owner(s) of the subject property by certified mail, in compliance with Chapter 16.88 (Review Procedures).
ii. 
After the hearing is conducted, the Commission shall:
(A) 
Recommend to the Council that the structure be designated as a landmark. The recommendation shall be by a majority vote of the Commission membership and shall be supported by a written finding that the artifact, natural feature, or structure for designation as a landmark meets one or more of the criteria identified in subsection A of this section (Criteria for designation of landmarks); or
(B) 
Disapprove the application, which action is final unless appealed to the Council in compliance with Chapter 16.100 (Appeals).
iii. 
If the Commission fails to reach a decision within 50 days after the close of the public hearing, the application shall be sent to the Council with a recommendation that the structure be designated as a landmark.
d. 
Appeal. The applicant or any person or entity dissatisfied with any action of the Commission may appeal to the Council in compliance with Chapter 16.100(Appeals). It shall take four concurring votes of the Council to overrule or modify the decision of the Commission.
e. 
Council's Action. After receipt of a recommendation for designation from the Commission, the Council may designate any property as a landmark by adopting a resolution of designation in compliance with Chapter 16.88 (Review Procedures) for actions in which the Council is the Review Authority. The resolution shall be supported by a written finding that the artifact, natural feature, or structure for designation as a landmark meets one or more of the criteria identified in subsection A of this section (Criteria for designation of landmarks).
f. 
Recordation. Upon designation as a landmark, the City Clerk shall record the resolution on the parcel in the County Recorder's office. The resolution shall include the legal description of the parcel and the name(s) of the property owner(s).
4. 
National Register and California Register Designation. If an artifact, object, natural feature, structure, or site is placed on the National Register of Historic Places or the California Register of Historical Resources, the Board shall initiate the designation of that artifact, object, natural feature, structure, or site as a landmark, in compliance with this section.
C. 
Certificate of Appropriateness. A certificate of appropriateness in compliance with Section 16.220.060 (Certificate of appropriateness) shall be required for landmarks.
(Prior code § 16-730.070; Ord. 2018-01-23-1503 § V)
A. 
Criteria for Designation of Historic Preservation Districts. In considering the artifacts, natural features, sites, or structures within an area for designation as a Historic Preservation District, the Board shall apply any or all of the following criteria. The artifact, natural feature, site, or structure:
1. 
Has substantial value as part of the development, cultural, or heritage characteristics of, or is associated with, the life of a person(s) important in the history of the City, the State, or the Nation;
2. 
Is associated with an event that has made a substantial contribution to the broad patterns of our history;
3. 
Is constructed in a distinctive architectural style characteristic of an era of history;
4. 
Is the work of an architect or designer who has substantially influenced the development of the City, the State, or the Nation;
5. 
Is part of, or related to, a park, square, or other distinctive area and should be developed or preserved in compliance with a plan based on an aesthetic, architectural, cultural, or historic motif;
6. 
Contains elements of craftsmanship, design, detail, or materials, which represent an important innovation;
7. 
Embodies distinguishing characteristics of an architectural style or engineering specimen;
8. 
Owing to its unique location or singular physical characteristic, represents an established feature of the neighborhood, community, or City; or
9. 
Would help preserve and protect a historic area or place of historic interest in the City, by retaining the structure.
B. 
Procedures for Designation of Historic Preservation Districts.
1. 
Initiation. Proceedings to establish, change boundaries of, or repeal a historic preservation district may be initiated by the Council, Commission, or Board, or by the filing of an application by any person or entity.
2. 
Environmental Consideration. The establishment, change in boundaries, or repeal of a historic preservation district shall be subject to the requirements of CEQA and the City's CEQA Guidelines.
3. 
Application. The application shall be filed with the Department, on a form prescribed for that purpose, and accompanied by any applicable fee in compliance with the Council's fee resolution.
4. 
Board. Upon receipt of the application, a copy shall be submitted to the Board for review and evaluation.
a. 
Survey Required. As a part of the evaluation of an application for establishment or change of boundaries of a historic preservation district, the Board shall coordinate an architectural/historical survey of the involved area, including significant artifacts, natural features, sites, or structures, unless a recent survey has been conducted.
i. 
Minimum of 50 Years. For purposes of the architectural/historical survey, artifacts, natural features, sites, or structures, unless of exceptional importance, shall be at least 50 years of age to be considered historic.
ii. 
Finding of Significance. The architectural/historical survey shall also include a factual statement, supporting or opposing a finding that at least 30 percent of the artifacts, natural features, sites, and structures, not including accessory uses, within the involved area are significant. To be significant the artifact, natural feature, site, or structure shall meet one or more of the criteria identified in subsection A of this section (Criteria for designation of historic preservation districts).
b. 
Boundaries.
i. 
Appropriateness of Boundaries. The Board shall consider and comment upon the appropriateness of the boundaries of the proposed, or changes to the existing, historic preservation district.
ii. 
Frequency of Change. Once established, the boundaries of a historic preservation district shall not be changed more frequently than once every 12 months.
iii. 
Resubmittal. An application for a boundary change previously disapproved shall not be resubmitted within 12 months of its disapproval.
c. 
Consultation With Property Owners.
i. 
The Board shall conduct one or more meetings with owners and residents of the area proposed for designation as a historic preservation district to acquaint them with the benefits and restrictions, which would result from the designation.
ii. 
The Commission shall be notified of the meeting(s) and may send representatives to participate.
iii. 
A report of the meeting stating the pros and the cons of the designation shall be prepared by the Board and shall be submitted to the Commission along with the architectural/historical survey.
d. 
Board's Recommendation. The Board may recommend the approval of the establishment, change in boundaries, or repeal of a historic preservation district only upon:
i. 
A two-thirds vote of the appointed membership; and
ii. 
A written finding that:
(A) 
At least 30 percent of the artifacts, natural features, sites, and structures, not including accessory uses, within the involved area, or the area as a whole meet one or more of the criteria identified in subsection A of this section (Criteria for designation of historic preservation districts), for establishment or change in the boundaries of a historic preservation district; or
(B) 
The historic preservation district no longer meets the criteria identified in subsection A of this section (Criteria for designation of historic preservation districts), for the repeal of a historic preservation district.
5. 
Commission's Action.
a. 
Upon recommendation of the Board, the application, architectural/historical survey, and comments, regarding the proposed establishment, change in boundaries, or repeal of the historic preservation district shall be transmitted to the Commission for consideration.
b. 
The Commission shall conduct a public hearing upon any recommendation of the Board for the designation, change in boundaries, or repeal of a historic preservation district.
c. 
Notice of the hearing shall be mailed at least 10 days before the hearing to the owners of properties located within the proposed historic preservation district and all persons owning property within 300 feet of the proposed historic preservation district in compliance with Chapter 16.88 (Review Procedures) for actions in which the Council is the final authority.
d. 
The Commission, in its deliberations, shall carefully consider the survey and factual statements of the Board.
e. 
After the hearing is conducted, the Commission may recommend to the Council that the area or site be established, changed, or repealed. A determination to recommend approval by the Council to establish, change the boundaries of, or repeal a historic preservation district shall be by a majority vote of the Commission membership and shall be supported by a written finding:
i. 
To Establish or Change the Boundaries. At least 30 percent of the artifacts, natural features, sites, and structures, not including accessory uses, within the involved area, or the area as a whole, meets one or more of the criteria identified in subsection A of this section (Criteria for designation of historic preservation districts); or
ii. 
To Repeal. The historic preservation district no longer meets the criteria identified in subsection A of this section (Criteria for designation of historic preservation districts).
f. 
Upon close of the public hearing, if the Commission fails to reach a decision within 50 days, the application shall be sent to the Council with a recommendation to approve the application.
g. 
The applicant or any person or entity dissatisfied with any action of the Commission may appeal to the Council in compliance with Chapter 16.100 (Appeals).
6. 
Council's Action.
a. 
Upon the recommendation of the Commission for the processing of an application for, or the initiation of, the establishment, change in boundaries, or repeal of a historic preservation district, the Council shall hold a public hearing in compliance with Chapter 16.88 (Review Procedures) for actions in which the Council is the final authority.
b. 
The City Clerk shall give notice of the time, place, and purpose of the hearing at least 10 days before the date of the hearing by publication at least once in a newspaper of general circulation within the City and by mailing the notice to any applicant involved, to the owner(s) of record of any property which is the subject of the application, and to all property owners living within 300 feet of the proposed designation area, in compliance with Chapter 16.88 (Review Procedures).
c. 
After the public hearing, the Council may, by resolution, establish, change the boundaries of, or repeal a historic preservation district as recommended by the Commission and shall be supported by a written finding:
i. 
To Establish or Change the Boundaries. At least 30 percent of the artifacts, natural features, sites, and structures, not including accessory uses, within the involved area, or the area as a whole, meets one or more of the criteria identified in subsection A of this section (Criteria for designation of historic preservation districts).
ii. 
To Repeal. The historic preservation district no longer meets the criteria identified in subsection A of this section (Criteria for designation of historic preservation districts).
d. 
The concurring votes of four Council members shall be required to overrule or modify the recommendation of the Commission.
7. 
Recordation of Resolution. Upon designation, change in boundaries, or repeal of a historic preservation district, the City Clerk shall record the resolution on the parcel in the County Recorder's office.
C. 
Certificate of Appropriateness. A certificate of appropriateness in compliance with 16.220.060 (Certificate of Appropriateness) shall be required for property within a historic preservation district.
(Prior code § 16-730.080; Ord. 2018-01-23-1503 § VI)
A. 
Criteria for Designation of Historic Sites. In considering an area, neighborhood, property, or site for designation as a historic site, the Board shall apply any or all of the following criteria:
1. 
Archaeological Interest. Its potential for yielding significant information of archaeological interest;
2. 
Heritage. Its character, interest, or value as a significant part of the heritage of the City, the State, or the Nation;
3. 
Visual Feature of the City. Its unique location or singular physical characteristic representing an established and familiar visual feature of the City;
4. 
Way of Life. Its exemplification of a particular way of life important to the City, the State, or the Nation;
5. 
Historic Event. Its location as a site of a significant historic event regardless of its current configuration, development, or use;
6. 
Significant Person. Its identification with a person(s) who significantly contributed to the culture and development of the City, the State, or the Nation; or
7. 
Significant Person of a Specific National Origin. Its identification with a person(s) representative of a specific national origin who have contributed to the culture and development of the City, the State, or the Nation.
B. 
Procedures for Designation of Historic Sites.
1. 
Initiation. Proceedings to designate a historic site may be initiated by the Board or by the filing of an application by any person or entity.
2. 
Environmental Compliance. A historic site designation shall be subject to the requirements of CEQA and the City's CEQA Guidelines.
3. 
Application. The application shall be filed with the Department, on a form prescribed for that purpose, and accompanied by any applicable fee in compliance with the Council's fee resolution.
4. 
Board's Recommendation. Upon receipt of the application, a copy shall be submitted to the Board for review and evaluation.
a. 
The Board shall view any area, neighborhood, property, or site in the City nominated for a historic site designation.
b. 
The Board may adopt a resolution recommending that the property be designated a historic site. The recommendation shall contain a brief description of the site and a written finding that the area, neighborhood, property, or site for designation as a Historic Site meets one or more of the criteria identified in subsection A of this section (Criteria for designation of historic sites).
c. 
The Board shall transmit, to the Commission, its written recommendation for designation of a historic site.
5. 
Commission's Action.
a. 
The Commission shall conduct a public hearing in compliance with Chapter 16.88 (Review Procedures) for actions in which the Council is the final authority.
b. 
Notice of the time, place, and purpose of the hearing shall be given not less than 10 days before the date of the hearing by publication in a newspaper of general circulation in the City, in compliance with Chapter 16.88 (Review Procedures).
c. 
After the hearing is conducted, the Commission may recommend to the Council that the area, neighborhood, property, or site be designated as a historic site. The recommendation shall be by majority vote of the Commission membership and shall be supported by a written finding that the area, neighborhood, property, or site for designation as a historic site meets one or more of the criteria identified in subsection A of this section (Criteria for designation of historic sites).
d. 
If the Commission fails to reach a decision within 50 days after the close of the public hearing, the application shall be sent to the Council with a recommendation to approve the application.
e. 
The applicant or any person or entity dissatisfied with any action of the Commission may appeal to the Council in compliance with Chapter 16.100 (Appeals).
6. 
Council's Action.
a. 
After receipt of a written recommendation for designation from the Commission, the Council may designate any property as a historic site by adopting a resolution of designation following a public hearing in compliance Chapter 16.88 (Review Procedures) for actions in which the Council is the Review Authority.
b. 
The resolution shall be supported by a written finding that the area, neighborhood, property, or site for designation as a historic site meets one or more of the criteria identified in subsection A of this section (Criteria for designation of historic sites).
c. 
It shall take four concurring votes of the Council to overrule or modify the recommendation of the Commission.
(Prior code § 16-730.090; Ord. 2018-01-23-1503 § VII)
A. 
Criteria for Designation as a Structure of Merit. The Board may designate any structure not designated as a landmark as a structure of merit if it determines that it is deserving of official recognition as having historic, architectural, archaeological, ecological, cultural, or aesthetic significance based on the following criteria:
1. 
Archaeological Interest. Its potential of yielding significant information of archaeological interest;
2. 
Heritage. Its character, interest, or value as a significant part of the heritage of the City, the State, or the Nation;
3. 
Visual Feature of the City. Its unique location or singular physical characteristic representing an established and familiar visual feature of the City;
4. 
Way of Life. Its exemplification of a particular way of life important to the City, the State, or the Nation;
5. 
Historic Event. Its location as a site of a significant historic event regardless of its current configuration, development, or use;
6. 
Significant Person. Its identification with a person(s) who significantly contributed to the culture and development of the City, the State, or the Nation; or
7. 
Significant Person of a Specific National Origin. Its identification with a person(s) representative of a specific national origin who have contributed to the culture and development of the City, the State, or the Nation.
B. 
Procedure for Designation as a Structure of Merit.
1. 
Initiation. Proceedings to designate a structure of merit may be initiated by the Board or by the filing of an application with the Department by any person or entity.
2. 
Notice and Hearing—Required. Public notice and hearing shall be required for a designation as a structure of merit. Notice of the time, place, and purpose of the hearing shall be given not less than 10 days before the date of the hearing by publication in a newspaper of general circulation in the City and by mailing to the owner(s) of the subject property by certified mail, consistent with the procedures of Chapter 16.88 (Review Procedures).
3. 
Board's Action. The Board shall designate by resolution any structure deserving recognition that has not been designated as a Landmark as a structure of merit by a vote of the majority of the Board in compliance with the criteria identified in subsection A of this section (Criteria for designation as a structure of merit). The Board's decision is final.
4. 
Appeal. The decision of the Board may be appealed to the Planning Commission, consistent with the procedures of Chapter 16.100 (Appeals).
5. 
CEQA Compliance—Not Required. The designation as a structure of merit is not subject to the requirements of CEQA or the City's CEQA Guidelines.
(Prior code § 16-730.100; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2019-06-18-1503 C.S. § 3)
A. 
Purpose. The purpose of this section is to ensure that no person shall demolish or relocate a historic resource without approval of a historic resource demolition or relocation permit and a permit for a replacement building, structure or project. The City of Stockton recognizes the importance of cultural and historic preservation to the community's continued social and economic vitality. By reusing, restoring, and adapting historic resources to the needs of today, the community can effectively conserve energy and resources of past generations, while minimizing waste, current energy, and materials usage.
B. 
Applicability. A historic resource demolition/relocation permit is required for all activities and developments specifically identified in Section 16.36.060 (Demolition and relocation of buildings), and/or any other section of this Code that requires a historic resource demolition/relocation permit.
C. 
Procedures.
1. 
Determination Review.
a. 
Filing.
i. 
An application for a demolition/relocation permit shall be completed and filed, with any applicable fee, with the Department.
ii. 
All applications shall be accompanied by information and documentation necessary to make a preliminary determination, including the following, as applicable:
(A) 
Plans, photographs, renderings, working drawings, specifications, Sanborn Maps, historical surveys, postcards, diaries, newspaper articles, interviews, and historical data, showing or describing the building, structure, or site, including the following, as applicable: architectural design, nature and texture of materials, color, lighting, method of construction and landscaping, and any other items which may demonstrate historical significance.
(B) 
Historical or cultural resource study for any demolition of commercial structures.
(C) 
A site plan that shows all existing buildings, structures, and site features, and identifies those proposed for demolition or relocation.
b. 
Noticing.
i. 
Within 45 days of receipt of a complete application, the Director shall make a preliminary determination.
ii. 
With concurrence of the applicant, the time by which the Director may extend the 45-day preliminary review time period shall be limited to an additional 30 days.
c. 
Staff Review.
i. 
Completeness. All applications shall be reviewed for completeness per Section 16.84.050 (Initial application review and environmental assessment).
ii. 
Evaluation. All projects shall be routed to the applicable departments and agencies for completeness review and historic determination. This includes evaluation by an ad-hoc committee of the CHB as needed.
iii. 
Criteria. In making the preliminary determination, the Director shall apply the criteria specified by the most current revision of the U.S. Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" and the California Environmental Quality Act ("CEQA").
d. 
Director Determination. At the completion of the application review by Staff, the Director shall:
i. 
Determine the proposed application does not include a significant historic or cultural resource(s) and shall proceed in obtaining a building permit consistent with subsection C.2 (Findings of No Historic Significance); or
ii. 
Determine the proposed application does include any significant historic or cultural resource(s) and shall proceed in obtaining the necessary approvals consistent with subsection C.3 (Findings of Historic Significance) below.
2. 
Finding of No Historic Significance.
a. 
Noticing.
i. 
A notice of the Director's determination will be sent to all property owners within 300 feet of the proposed project site, along with a copy to the Cultural Heritage Board.
ii. 
All determinations are subject to a 10-day appeal before becoming effective.
b. 
Appeals.
i. 
All appeals regarding Director determinations or decisions are subject to the appeal process of Chapter 16.100 (Appeals).
ii. 
Should the Review Authority for the appeal determine that the proposed project site has significant historic or cultural resources, the application shall proceed as defined by subsection C.3 (Findings of Historic Significance) below.
3. 
Findings of Historic Significance.
a. 
Determination. Upon determination that the building or structure is a potential historic resource, the applicant shall submit, at their sole expense:
i. 
The appropriate environmental documentation; and a complete development application for a replacement building or structure or entitlements for a project for the property involved.
b. 
The Director shall place the application and draft environmental document on the next available regularly scheduled Board meeting for review and recommendation.
4. 
CHB Review of Historic Resources.
a. 
Board's Action. The Board shall conduct a public hearing in compliance with Section 16.88.050(C) (Public Hearing Review Procedure) for recommendation in which the Planning Commission is the Review Authority, including review of applicable environmental documents and the demolition or relocation application:
i. 
Notice. Notice of time, place, and purpose of the hearing shall be given not less than 10 days before the date of the hearing by publication in a newspaper of general circulation in the City and by mailing to the owner(s) of the subject property by certified mail, in compliance with Section 16.88.030 (Public hearing notices).
ii. 
Hearing. After the hearing is conducted, the Board shall:
(A) 
Recommendation. Recommend approval, conditional approval, or denial of the application.
(B) 
Resolution. The resolution shall contain applicable findings and any conditions of approval deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the City.
iii. 
Notification of Recommendation. Following the Board's action, a notice of the recommendation shall be mailed to the applicant at the address shown on the application.
iv. 
Referral to Planning Commission. The recommendation of the Board shall be forwarded to the Planning Commission as part of the complete development application submitted in accordance with Section 16.220.105.C.3.a.i.
5. 
Commission Review of Historic Resources.
a. 
Commission Action. The Commission shall conduct a public hearing in compliance with Section 16.88.050(C) (Public Hearing Review Procedure) for action in which the Commission is the Review Authority, including review of applicable environmental documents and the demolition or relocation application:
i. 
Notice. Notice of time, place, and purpose of the hearing shall be given not less than 10 days before the date of the hearing by publication in a newspaper of general circulation in the City and by mailing to the owner(s) of the subject property by certified mail, in compliance with Section 16.88.030 (Public hearing notices).
ii. 
Hearing. After the hearing is conducted, the Commission shall:
(A) 
Action. Approval, conditional approval, or denial of the application.
(B) 
Resolution. The resolution shall contain applicable findings in accordance with Section 16.220.105.C.6 (Findings for Demolition or Relocation), any conditions of approval, certification/adoption of the environmental document, and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the City.
iii. 
Appeal. The decision of the Commission may be appealed to the City Council in compliance with Chapter 16.100 (Appeals).
6. 
Findings for Demolition or Relocation. No building or structure on an eligible property shall be demolished or relocated unless the Commission makes the following findings.
a. 
Approval. Prior to approval, the Commission shall find that:
i. 
The environmental document has been completed in compliance with CEQA, State CEQA Guidelines, and City Guidelines for the Implementation of CEQA, and adopt a Statement of Overriding Considerations as applicable; and
ii. 
The action proposed is consistent with the purposes of historic preservation as set forth in this chapter and the General Plan; or
iii. 
There are no reasonable alternatives to the demolition or relocation as of the time of the hearing.
b. 
Denial. Prior to denial, the Commission shall find that there are reasonable alternatives to the demolition or relocation as of the time of the hearing as demonstrated by the facts in the record.
(Ord. 006-09 C.S. § 1; Ord. 2025-06-03-1601, 6/3/2025)
The designation as a landmark, historic preservation district, historic site, or structure of merit may be rescinded or amended in compliance with the same procedure used for designation as a landmark, historic preservation district, historic site, or structure of merit. One of the following findings shall be made to support the amendment or rescission:
A. 
Altered. The property has been altered so as to be incompatible with its original character and style;
B. 
Diminished. The property's historic, architectural, archaeological, cultural, or aesthetic significance has been diminished; or
C. 
Fails to Meet Purpose. The property no longer meets the purpose of this chapter (Section 16.220.010, Purpose).
(Prior code § 16-730.110)
A. 
Responsibility to Maintain. All property owners and/or tenants of landmarks, historic sites, structures of merit, and structures in a historic preservation district shall maintain and keep in repair the structures and premises which shall be preserved against decay and deterioration by being kept free from the following structural defects:
1. 
Deteriorated or inadequate foundation, which jeopardizes its structural integrity;
2. 
Defective or deteriorated floor supports or any structural members of insufficient size to carry imposed loads with safety, which jeopardizes its structural integrity;
3. 
Members of external or interior walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration which jeopardizes its structural integrity;
4. 
Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration or are of insufficient size or strength to carry imposed loads with safety which jeopardizes its structural integrity;
5. 
Deteriorated or crumbling exterior plasters, mortar, or stucco;
6. 
Lack of weather protection or ineffective waterproofing of exterior walls, roof, and foundations, including broken windows or doors;
7. 
Peeled paint, rotting, holes, and other forms of decay;
8. 
Lack of maintenance of the surrounding environment (e.g., accessory structures, fences, gates, landscaping, sidewalks, signs, and steps); or
9. 
Any deteriorated feature creating, or allowing the creation of, any hazardous or unsafe condition or conditions.
B. 
Time for Correction. The owner or the owner's agent shall repair the object, structure, or site within a specified period of time following receipt of a written order to correct defects or repairs to any structure in compliance with subsection A of this section. (Responsibility to maintain), so that the structure shall be preserved and protected in compliance with the purpose of this chapter.
C. 
Property Maintenance Standards. The property shall be maintained in compliance with Chapter 8.36 (Property Maintenance Standards) of the Municipal Code.
D. 
Ordinary Maintenance and Repair. Nothing in this chapter shall be interpreted to prevent the ordinary maintenance or repair of any exterior architectural feature in, or on, any historic property that does not involve a modification or change in design, material, or external appearance.
(Prior code § 16-730.120)
If a determination of economic hardship is made, the Board shall take it into consideration in making any decision regarding a historic landmark, historic preservation district, or historic site.
A. 
Standards. The Board may make a determination of economic hardship if the property owner can demonstrate that one of the following standards apply:
1. 
Income Producing Property. The income producing property would be unable to obtain a reasonable rate of return in its present condition or if rehabilitated; or
2. 
Non-Income Producing Property. The non-income producing property has no beneficial use as a single-family dwelling, duplex, triplex, or institutional use in its present condition or if rehabilitated.
B. 
Lack of Hardship. A determination of economic hardship shall not be based on, or include, any of the following circumstances:
1. 
Willful or negligent acts by the owner;
2. 
Purchase of the property for substantially more than market value;
3. 
Failure to perform ordinary maintenance or repairs;
4. 
Failure to diligently solicit and retain tenants; or
5. 
Failure to provide normal tenant improvement(s).
(Prior code § 16-730.130)
A. 
Director. The Director shall have the authority to issue citations for violations of this chapter.
B. 
Guilty of an Infraction. Any person violating or failing to comply with the provisions of this chapter shall be guilty of an infraction and shall be held responsible in compliance with Section 1.24.010 of the Municipal Code and Chapter 16.224 (Enforcement).
(Prior code § 16-730.140)