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;
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:
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)
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)