The City Council declares that recognizing, preserving, enhancing,
perpetuating, and using structures, natural features, sites and areas
within the City that have historic, architectural, archaeological,
cultural or aesthetic significance is in the interest of the health,
economic prosperity, cultural enrichment and general welfare of the
people. The purposes of this chapter are to:
A. Safeguard
the heritage of the City by providing for the protection of landmarks
representing significant elements of its history;
B. Enhance
the visual character of the City by encouraging and regulating the
compatibility of architectural styles within landmark districts reflecting
unique and established architectural traditions;
C. Foster
public appreciation of and civic pride in the beauty of the City and
the accomplishments of its past;
D. Strengthen
the economy of the City by protecting and enhancing the City's
attractions to residents, tourists and visitors;
E. Promote
the private and public use of landmarks and landmark districts for
the education, prosperity and general welfare of the people;
F. Stabilize
and improve property values within the City.
(Ord. 564 § 3, 2019)
In this chapter:
"Adobe"
means unburnt, sun-dried, clay brick; or a building made
of adobe bricks.
"Alteration"
means any exterior change or modification. For the purposes
of this chapter, alteration of any landmark or of any property located
within a landmark district includes, but is not limited to, exterior
changes to or modification of structure, architectural details or
visual characteristics, such as paint color and surface texture, grading,
surface paving, new structures, cutting or removal of trees and other
natural features, disturbance of archaeological sites or areas, and
the placement or removal of any exterior objects such as signs, plaques,
light fixtures, street furniture, walls, fences, steps, plantings
and landscape accessories affecting the exterior visual qualities
of the property.
"Archaeological"
means anything pertaining to the scientific study of the
life and culture of earlier peoples by excavation of sites and relics.
"Architectural"
means anything pertaining to the science, art or profession
of designing and constructing buildings.
"Cultural"
means anything pertaining to the concepts, habits, skills,
arts, instruments, institutions, etc., of a given people in a given
period.
"Elevations"
means the flat scale orthographic projected drawings of all
exterior vertical surfaces of a building.
"Façade"
means the front of a building or the part of a building facing
a street, courtyard, etc.
"Landmark"
means any structures, natural feature, site or area having
historic, architectural, archaeological, cultural or aesthetic significance
and designated as a landmark under the provisions of this chapter.
"Landmark district"
means any area of the City containing a number of structures,
natural features or sites having historic, architectural, archaeological,
cultural or aesthetic significance and designated as a landmark district
under the provisions of this chapter.
"Owner"
means any person, association, partnership, firm, corporation
or public entity appearing as the holder of title to any property
on the last assessment roll of the County Assessor.
"Preservation easement"
means any interest held by the public in any structures,
natural feature, site or area not owned by the public and restricting
its use, alteration, relocation or demolition for the purpose of preservation.
"Site plan"
means any flat scale drawing of the place where something
is, is to be, or was located.
"Structure"
means any building or any other manmade object affixed on
or under the ground.
"Structure of merit"
means any structure not designated as a landmark but deserving
official recognition as having historic, architectural, archaeological,
cultural or aesthetic significance and designated as a structure of
merit under the provisions of this chapter.
(Ord. 564 § 3, 2019)
In considering a proposal to recommend to the City Council any
structure, natural feature, site or area for designation as a landmark,
the committee must evaluate the following criteria:
A. Its
character, interest or value as a significant part of the heritage
of the City, the State, or the nation;
B. Its
location as a site of a significant historic event;
C. Its
identification with a person or persons who significantly contributed
to the culture and development of the City, the State, or the nation;
D. Its
exemplification of a particular architectural style or way of life
important to the City, the State, or the nation;
E. Its
exemplification of the best remaining architectural type in a neighborhood;
F. Its
identification as the creation, design or work of a person or persons
whose effort has significantly influenced the heritage of the City,
the State, or the nation;
G. Its
embodiment of elements demonstrating outstanding attention to architectural
design, detail, materials or craftsmanship;
H. Its
relationship to any other landmark if its preservation is essential
to the integrity of that landmark;
I. Its
unique location or singular physical characteristic representing an
established and familiar visual feature of a neighborhood;
J. Its
potential of yielding significant information of archaeological interest;
K. Its
integrity as a natural environment that strongly contributes to the
well-being of the people of the City, the State, or the nation.
(Ord. 564 § 3, 2019)
The procedure for designation of any landmark is as follows:
A. Upon
its own initiative or upon the application of any person or entity,
the committee may recommend to the City Council the designation as
a landmark of any structure, natural feature, site or area having
historic, architectural, archaeological, cultural or aesthetic significance.
B. The
City Council may adopt a resolution of intention to consider recommendation
of the property for designation as a landmark.
C. Thereafter,
any environmental assessment required by any applicable Federal, State,
or local laws or regulations must be completed.
D. No
later than 35 days after the date of such resolution or completion
of environmental assessment, whichever is later, the City Council
must conduct a public hearing on the proposal, and provide a reasonable
opportunity for any interested party to be heard.
E. The
City Council must adopt a resolution to recommend designation of the
property as a landmark, or to deny such recommendation, no later than
the next regularly scheduled meeting following the public hearing.
The resolution must be reduced to writing and contain specific findings
by the City Council.
F. Upon
designation of a landmark, the City Clerk must cause such designation
to be recorded in the office of the Recorder of the County.
(Ord. 564 § 3, 2019)
Any property designated by the City Council as of special interest as historic landmark must not be demolished or relocated, except as provided for landmarks under Section
11.48.070. Upon designation as landmarks under Section
11.48.040, sai
d properties must then become subject to all of the provisions of this chapter pertaining to landmarks.
(Ord. 564 § 3, 2019)
The owner of a landmark must maintain or cause the landmark
to be maintained in good repair and to preserve it against decay and
deterioration. Nothing in this chapter prohibits ordinary and necessary
maintenance and repair of a landmark.
(Ord. 564 § 3, 2019)
Any application for a permit to construct or alter the exterior
of any structure designated as a landmark pursuant to this district,
together with plans, elevations and site plans, must be referred to
the City Council for review. A permit must not be issued without the
prior written approval of the City Council. The City Council must
not approve issuance of such permit unless the plans conform to the
provisions of this chapter. Any application for a permit must be considered
and either approved or disapproved by the City Council at its next
regularly scheduled meeting for which an agenda has not been finalized
after completion of any required environmental assessment, but may
be continued to the next regular meeting. In the absence of timely
oral or written objection by the applicant, the City Council may continue
consideration of application to subsequent meetings.
(Ord. 564 § 3, 2019)
The City may acquire easements restricting the use, alteration,
relocation, or demolition of designated landmarks or structures of
merit.
(Ord. 564 § 3, 2019)