This chapter specifies the procedures and criteria that apply citywide and where the City will use to regulate the designation of individually significant historic resources as defined in Section 30.300.080 "H" Definitions related to Historic Resources and the design review standards for historic resources.
(Ord. 6006, 2021)
Applications for a designation of a historic resource shall be accepted and processed pursuant to Chapter 30.205, Common Procedures, and the specific requirements of this chapter. In addition to any other application requirements, the application for a designation shall include data or other evidence in support of the applicable findings required by Section 30.157.110, Required Findings.
(Ord. 6006, 2021)
In considering a proposal to designate or recommend designation of any structure, site or feature as a Landmark, Structure of Merit or for inclusion on the Local Register of Historical Resources, any structure, site or feature must be at least 50 years of age, meet one or more of the criteria outlined below, and retain historic integrity. The designating authority must find that the structure, site or feature retains enough historic integrity of location, design, setting, materials, workmanship, feeling, and association that it conveys its historic significance in accordance with the most recent National Register of Historic Places Bulletin Haw to Apply the National Register Criteria for Evaluation. The designating authority must find that the structure, site or feature meets one or more of the following Significance Criteria:
A. 
It is associated with events that have made a significant contribution in our past;
B. 
It is associated with the lives of persons significant in our past;
C. 
It embodies the distinctive characteristics of a type, period, architectural style or method of construction, or represents the work of a master, or possesses high artistic or historic value, or represents a significant and distinguishable collection whose individual components may lack distinction;
D. 
It yields, or may be likely to yield, information important in prehistory or history; or
E. 
Its unique location or singular physical characteristic represents an established and familiar visual feature of a neighborhood.
(Ord. 6006, 2021; Ord. 6203, 12/16/2025)
A. 
Nomination for Designation. A nomination for designation of a Landmark or Structure of Merit shall be submitted to the Community Development Department's Planning Division for initial review by the City Architectural Historian. Any structure, site or feature having potential historic, architectural, archeological, cultural, or aesthetic significance may be proposed to the Historic Landmarks Commission for designation as a Landmark or Structure of Merit by:
1. 
The Historic Landmarks Commission;
2. 
Professional Survey. A recommendation found in a professional historic resource survey or Historic Structures/Sites Report accepted by the Historic Landmarks Commission at a public hearing;
3. 
Owner. The owner(s) of the property on which the proposed Landmark or Structure of Merit is located; or
4. 
Any interested person or entity.
B. 
Preparation of a Significance Report. Prior to a public hearing, the City's Architectural Historian shall evaluate the proposed Landmark or Structure of Merit nomination and prepare a Significance Report either recommending or denying the proposed Landmark or Structure of Merit nomination for consideration by the Historic Landmarks Commission pursuant to the criteria of this chapter.
1. 
Recommendation for Designation. If the Significance Report recommends designation, within 90 calendar days of completion of the report, the proposal will be scheduled for a noticed public hearing at the Historic Landmarks Commission.
2. 
Denial. If the Significance Report denies the proposed nomination, no further review will occur.
C. 
Property Owner Notification. If the nomination for designation is by anyone other than the property owner, the City shall provide a notice to the property owner if there is a recommendation for designation. The written notice shall be by first class mail to the owner of the property on which the proposed Landmark or Structure of Merit is located, as shown on the latest available records of the County Assessor.
D. 
Historic Landmarks Commission Action. All proposals to designate a Landmark or Structure of Merit shall require a public notice and hearing pursuant to Chapter 30.205, Common Procedures.
E. 
Resolution. When making a decision to approve or deny a designation of a Structure of Merit or a recommendation to designate a Landmark to City Council, the Historic Landmarks Commission shall issue a written resolution and make findings of fact as required by this chapter.
1. 
Landmark. lf the Historic Landmarks Commission recommends designation as a Landmark, the Historic Landmarks Commission shall adopt a Resolution of Recommendation that shall be forwarded to the City Council for review of the proposed designation. If denied, the decision shall become final within 10 calendar days unless appealed directly to the City Council.
2. 
Structure of Merit. If the Historic Landmarks Commission approves designation as a Structure of Merit, the Historic Landmarks Commission shall adopt a Resolution of Designation or deny the designation, the decision shall become final within 10 calendar days unless appealed directly to the City Council.
F. 
Appeals. Appeals of a decision of the Historic Landmarks Commission to deny the designation of a City Landmark, or approve or deny a designation of a Structure of Merit may be made to the City Council in accordance with the requirements of Section 30.205.150, Appeals.
G. 
City Council Public Action. All applications to consider the recommendation of Landmark designation, or appeal of a denial, or appeal of an approval or denial of a Structure of Merit, shall require public notice and hearing pursuant to Chapter 30.205, Common Procedures. The City Council may approve, modify, or disapprove the Landmark or Structure of Merit Designation. The City Council's approval, modification, or denial of the Commission's recommendation shall be based on the finding that the Landmark meets, or does not meet, the required findings for designation as specified in Section 30.157.025, above.
1. 
Limits on New Evidence. The City Council will decide the appeal in the exercise of its independent judgment based upon the record of the proceedings of the Historic Landmarks Commission. New evidence will not be considered unless the City Council determines that relevant evidence exists that, in the exercise of reasonable diligence, could not have been produced or was improperly excluded at the hearing before the Historic Landmarks Commission.
H. 
Resolution of Designation of City Landmark. Upon the City Council's approval of a proposed Landmark designation, it shall adopt a Resolution of Landmark Designation, and the City Clerk shall record the resolution against the property in the Office of the Recorder, County of Santa Barbara, within 30 calendar days of the City Council's adoption, mailing a copy of the final recorded resolution to the property owner(s).
I. 
Resolution of Designation of Structure of Merit. Upon the Historic Landmarks Commission's adoption of a Resolution of Designation as a Structure of Merit (or upon a final decision of the City Council on an appeal resulting in such designation), the City's Architectural Historian shall record the Resolution of Designation in the Office of the Recorder, County of Santa Barbara, within 30 calendar days of the Historic Landmarks Commission's adoption or the City Council's final action, mailing a copy of the final recorded resolution to the property owner(s).
J. 
A Buffer Area, as defined in Section 30.300.080.H., "B" will serve to alert owners, planners and design review boards during the planning and design review process of the necessity to plan to mitigate any negative impacts a new project may have on a historic resource. The buffer area notification will be documented on the affected properties by the Community Development Department.
(Ord. 6006, 2021)
The Historic Landmarks Commission, through the City's Architectural Historian, shall maintain for public review, and periodically update, a Local Register of Historical Resources, as defined by Section 30.300.080 "H" hereinafter "Register," identifying those properties officially designated or recognized as historically significant by City of Santa Barbara as per the procedures outlined in this chapter. The Register is maintained for the purpose of clearly identifying historic resources whose preservation is important to the heritage of the community.
A. 
Criteria for Inclusion. Historic resources in the Register shall be identified through either a professional historical resource survey or individual historic resource evaluation and be found historically significant under the criteria outlined in this chapter.
B. 
Listing Historic Resources on the Register.
1. 
Identification of Historic Resources. Properties may be proposed for inclusion in the Register in one of the following ways:
a. 
Administrative Listing. Buildings that are 50 years old or older shall be referred to the City's Architectural Historian, or qualified designee for a determination of whether the structure, site, or feature may be eligible for inclusion on the Register list based upon the criteria in this chapter. This referral shall occur whenever an application for a discretionary action, ministerial action, or building permit application is submitted to demolish a structure or to complete exterior alterations visible from the public right-of-way. Exterior alterations exempt under this section include repairs that match existing and the installation of a utility.
i. 
Historic Significance. If the City's Architectural Historian finds that the structure, site, or feature meets the criteria for historic significance, the City's Architectural Historian will prepare a Significance Report and add the structure, site or feature to the Register. The permit application will be processed as a historic resource as outlined in this chapter.
ii. 
No Historic Significance. If the City's Architectural Historian finds no historic significance, the structure, site or feature shall not be listed on the Register and the building permit/demolition permit application shall continue to be processed, provided the applicant has otherwise complied with all necessary City permit or approval submittal requirements.
b. 
Results of a Professional Historic Resources Survey or Historic Structures/Sites Report. Any individual historic resources or historic district overlay zones found historically significant in a Historic Resources Survey or Historic Structures/Sites Report conducted by a qualified professional and accepted by the Historic Landmarks Commission at a public hearing shall be added to the Register.
2. 
Notice. The City shall notify the applicant and property owner(s) in writing whether the structure, site, or feature will be added onto the Register.
C. 
Procedure for Removing Historic Resources from the Register. The property owner(s) may request to be removed from the Register pursuant to the process outlined below. Removal of a historic resource from the Register may be proposed by the property owner(s), the Historic Landmarks Commission, or any interested party or entity based on evidence that the structure, site or feature does not possess, or no longer possesses, any historical significance as determined by Section 30.157.025.
1. 
Notice of Public Hearing. All applications to remove a property from the Register shall require public notice to the owner of the property only and hearing pursuant to Chapter 30.205, Common Procedures. A proposal to remove a structure, site or feature from the Register shall be considered by the Historic Landmarks Commission at a noticed public hearing pursuant to this chapter.
2. 
Historic Landmarks Commission Public Hearing. The City's Architectural Historian shall prepare a Significance Report evaluating the historical integrity and ability of the structure, site or feature to meet the criteria outlined in this chapter. To remove the historic resource from the Register, the Historic Landmarks Commission shall determine that the historic resource no longer meets the designation criteria due to a factual finding that:
a. 
There is a preponderance of new evidence demonstrating that the building, site or feature is not historically or culturally significant;
b. 
Destruction of the historic resource through a catastrophic event has rendered the resource a hazard to the public health, safety, or welfare; or
c. 
The historic resource has been altered, demolished, or relocated in conformance with all necessary permits.
3. 
Notice of Removal. Notice of the removal of a historic resource from the Register shall be mailed to the owner(s).
(Ord. 6006, 2021; Ord. 6203, 12/16/2025)
Slide Mass "C". Designated City historic resources located within the Slide Mass "C" Area, as identified in Section 22.90.050 of this Code, may be reconstructed in accordance with the latest edition of the California Historical Building Code as amended by the State of California, provided that such reconstruction is accomplished as follows:
1. 
In a manner which follows the Secretary of the Interior's Standards;
2. 
In a manner consistent with appropriate historic design review where design approval of the historic resource is obtained from the Historic Landmarks Commission as required by this chapter; and
3. 
The structure constituting the historic resource is never expanded in size except for a one-time expansion not to exceed 150 net square feet provided that such expansion is first reviewed and approved by the Historic Landmarks Commission.
(Ord. 6006, 2021)
Historic resources, including landscape features, shall, at all times, be preserved and maintained in good condition and repair by the property owner, in order to preserve the historic resource or feature against decay and deterioration. Failure to maintain or repair such resources shall constitute a public nuisance enforceable against the property owner under this chapter.
(Ord. 6006, 2021)
In addition to any other application requirements, an application to demolish a historic resource shall include evidence in support of the applicable findings required below. This may include presenting preservation alternatives such as adaptive reuse, rehabilitation, reconstruction or relocation.
A. 
Major Alterations. A major alteration, as defined in Section 30.300.080 "H", Historic Resources Related Definitions, may only be approved if the Historic Landmarks Commission finds that:
1. 
The exterior alterations are being made to restore the historic resource to its original appearance or in order to substantially aid its preservation or enhancement as a historic resource; and
2. 
The exterior alterations are consistent with the Secretary of the Interior's Standards.
B. 
Minor Alterations for Landmarks, and Structures within El Pueblo Viejo Landmark District. A minor alteration, as defined in Section 30.300.080 "H", Historic Resources Related Definitions, may only be approved for Landmarks, and structures within El Pueblo Viejo Landmark District, if the Historic Landmarks Commission finds that:
1. 
The exterior alterations are being made primarily for, and will substantially advance, restoration of the Historic Resource to its original appearance; and
2. 
The alterations are consistent with the Secretary of the Interior's Standards.
C. 
Minor Alterations for Structures of Merit, and Resources on the Local Register of Historical Resources or Within a Historic District Overlay Zone. A minor alteration, as defined in Section 30.300.080 "H", Historic Resources Related Definitions, may only be approved for Structures of Merit, and resources on the Local Register of Historical Resources within a Historic District Overlay Zone, if the Historic Landmarks Commission finds that:
1. 
The exterior alterations are being made primarily for, and will substantially advance, restoration of the Historic Resource to its original appearance; and
2. 
The alterations are consistent with the Secretary of the Interior's Standards.
D. 
Ordinary Maintenance. Ordinary maintenance as defined in Section 30.300.080 "H", Historic Resources Related Definitions under ordinary maintenance to a historic resource shall be approved by the City's Architectural Historian only if he or she finds that:
1. 
The ordinary maintenance is being made primarily for, and will substantially advance, restoration of the historic resource to its original appearance; and
2. 
The ordinary maintenance is consistent with the Secretary of the Interior's Standards.
E. 
Relocation. A proposal to relocate a historic resource, including a landscape feature, may only be approved if the Historic Landmarks Commission finds that:
1. 
The relocation does not constitute a "substantial redevelopment" or "demolition" as defined this chapter;
2. 
The relocation does not constitute alterations that would be incompatible with the goal of long-term preservation or enhancement of the historic resource;
3. 
The relocation will substantially aid in its long-term preservation or enhancement as a historic resource; and
4. 
The relocation is consistent with the Secretary of the Interior's Standards.
F. 
Substantial Redevelopment or Demolition of a Landmark. A proposal to substantially redevelop or demolish a Landmark may only be approved if the Historic Landmarks Commission finds that the Landmark has been damaged by an earthquake, fire, or other similar natural casualty such that its repair or restoration is not reasonably practical or feasible as supported by substantial evidence provided by at least one qualified structural engineer or architect qualified in historic preservation. The Historic Landmarks Commission may require, as conditions of approval of a demolition, that the property owner(s) salvage historic materials from the property and/or provide archival quality photo documentation of the remaining historic materials of the structure, site or feature to the City.
G. 
Demolition of Historic Resources Other Than Landmarks. A proposal to demolish a historic resource other than a Landmark may only be approved if the Historic Landmarks Commission has made at least one of the following findings:
1. 
Specific measures have been incorporated into the project scope to mitigate the loss of the historic resource to a less than significant level;
2. 
The historic resource has been damaged by an earthquake, fire, or other similar casualty such that its repair or restoration is not reasonably practical or economically feasible as supported by substantial evidence provided by at least one qualified structural engineer or architect qualified in historic preservation. The Historic Landmarks Commission may require, as conditions of approval of a demolition, that the property owner(s) salvage historic materials from the property and/or provide archival quality photo documentation of the remaining historic materials of the structure, site or feature to the City;
3. 
Preservation of the historic resource is not economically feasible or practical, or no viable measures could be taken to adaptively use, rehabilitate, or restore the historic resource as supported by substantial evidence provided by at least one qualified historic preservation specialist, structural engineer (qualified in historic preservation), or architect (qualified in historic preservation) sufficient to warrant demolition; or
4. 
A compelling public interest justifies demolition.
(Ord. 6006, 2021; Ord. 6203, 12/16/2025)
A. 
Legislative Intent - Administrative Regulations. In enacting this section, the City Council seeks to adopt a City program of incentives to encourage the maintenance and preservation of historic resources within the City of Santa Barbara. In order to carry out this program more effectively and equitably and to further the purposes of this section, the Council may also, by resolution, supplement these provisions by adopting administrative regulations and standardized forms for a broad City program of economic and other incentives intended to support the preservation, maintenance, and appropriate rehabilitation of the City's significant historic resources.
B. 
Preservation Incentives Under the State Mills Act - Government Code Sections 50280-50290. Preservation incentives may be made available by the City to owners of properties that are Qualified Historic Properties (as that term is used by Government Code Section 50280.1) such as individually designated City Landmarks or Structures of Merit or those properties that are deemed to contribute to designated City Landmarks or Historic Districts (or Districts listed in the National Register).
C. 
Qualified Historic Property Mills Act Contracts.
1. 
Purpose.
a. 
The purpose of this section is to implement state Government Code Sections 50280 through 50290 in order to allow the City approval of Qualified Historic Property Contracts by establishing a uniform City process for the owners of qualified historic resource properties within the City to enter into Mills Act contracts with the City.
b. 
The City Council finds and determines that entering into Qualified Historic Property Contracts, as hereinafter provided, is an incentive for owners of designated historic resources to rehabilitate, maintain, and preserve those properties.
c. 
The City Council further finds that, in some instances, the preservation of these properties will assist in restoring, maintaining, and preserving the City's existing stock of affordable housing and support the goals and objectives in the Historic Resources Element of the General Plan concerning the preservation of historically and architecturally significant residential structures.
2. 
Limitations on Eligibility for a Mills Act Contract.
a. 
In approving this program, it is the intent of the City Council that unrealized revenue to the City from property taxes not collected due to executed Qualified Historic Property Contracts shall not exceed a total annual amount (including total individual amounts for any one historic property), as such amounts are established by a resolution of the City Council, unless exceeding this limit is specifically approved by the Council.
b. 
In furtherance of this policy, Qualified Historic Property Contracts shall be limited to a maximum number of contracts each year consisting of a certain number of residential properties each year and a certain number of commercial or industrial properties each year, unless the City Council approves additional contracts beyond the established limits as such amounts are established by a resolution of the City Council. In addition, no single-unit residence approved for a City contract pursuant to this section may have an assessment value in excess of an amount established by the City Council nor may the assessed value of any non-single unit residential property (i.e., a multi-unit residential, or nonresidential property) exceed an amount established in the City Council's resolution.
c. 
For the purpose of this subsection C.2, assessed valuation does not include any portion of the value of a mixed-use structure which is already exempt from payment of property taxes by a determination of the County Assessor in compliance with Sections 4(b) and 5 of Article XIII of the California Constitution, and Sections 214, 254.5, and 259.5 of the Revenue and Taxation Code.
3. 
Required Provisions of Qualified Historic Property Contracts.
a. 
Mills Act Provisions Required. The required provisions of a Qualified Historic Property Contract between the City and the property owner shall be those required by State law (Government Code Sections 50281 and 50286) expressly including the following specifications:
i. 
Term. The contract shall be for the minimum 10-year term, with automatic renewal by either the City or the property owner on the anniversary of the contract date in the manner provided in Government Code Section 50282.
ii. 
Restoration and Maintenance Plan; Standards. The fundamental purpose of the contract will be an agreement to assist the property owner in the owner's restoration, maintenance, and preservation of the qualified historic resource; therefore, the plan for restoration and maintenance of the property required by the contract shall conform to the rules and regulations of the State of California Office of Historic Preservation (California Department of Parks and Recreation), the Secretary of the Department of the Interior's Standards, and the State Historical Building Code.
iii. 
Verification of Compliance with Plan. The real property owner will expressly agree in the contract to permit periodic examination of the interior and exterior of the premises by the County Assessor, the City Community Development Director, the State Department of Parks and Recreation, and the State Board of Equalization, as may be necessary to verify the owner's compliance with the contract agreement, and to provide any information requested to ensure compliance with the contract agreement.
iv. 
Property Visible from Street. The real property owner will expressly agree and the plan shall provide that any fencing or landscaping along the public right-of-way frontages of the real property will be placed such that it allows the home or building to be visible to the public from the public rights-of-way.
v. 
Recordation of Contract. The contract shall be recorded by the Santa Barbara County Recorder's Office and shall be binding on all successors-in-interest of the owner with respect to both the benefits and burdens of the contract.
vi. 
Procedure for Non-Renewal. The procedure for notice of non-renewal by the owner or the City shall be as identified in State law (Government Code Section 50282(c), and (b), (a) , and Section 50285).
vii. 
Annual Report Required. The contract shall require the real property owner to file an annual report, initially, on the program of implementing the plan or restoration or rehabilitation until that has been completed to the satisfaction of the Community Development Director, and thereafter, on the annual maintenance of the property, which report may require documentation of the owner's expenditures in restoring, rehabilitating, and maintaining the Qualified Historic Property.
viii. 
Cancellation of Contracts. The contract shall expressly provide for the City's authority to cancel the contract if the City determines that the owner has breached the contract either by his or her failure to restore or rehabilitate the property in accordance with the approved plan or by the failure to maintain the property as restored or rehabilitated. The manner of cancellation shall be as set forth in Government Code Sections 50285 and 50286.
b. 
Breach of Contract. Additionally, the contract shall state that the City may cancel the contract if it determines that the owner has breached any of the other substantive provisions of the contract or has allowed the property to deteriorate to the point that it no longer meets the significance criteria under which it was originally designated.
c. 
Cancellation Fee. The contract may also provide that if the City cancels the contract for any of the reasons outlined in this chapter, the owner shall pay the State of California a cancellation fee of 12.5% of the full value of the property at the time of cancellation, as determined by the County Assessor, without regard to any restriction on the property imposed by the Historic Property Contract.
d. 
Force Majeur Cancellations. The contract shall require that in the event preservation, rehabilitation, or restoration of the Qualified Historic Property becomes infeasible due to damage caused by natural disaster (e.g., earthquake, fire, flood, etc.), the City may cancel the contract without requiring the owner to pay the State of California the above-referenced cancellation fee as a penalty. However, in this event, a contract may not be cancelled by the City unless the City determines, after consultation with the State of California Office of Historic Preservation, in compliance with Public Resources Code Section 5028, that preservation, rehabilitation, or restoration is infeasible.
e. 
Standard Contract. The City Community Development Department shall prepare and maintain a sample Historic Property Contract with all required provisions specified by this subsection C.3.
4. 
Procedures for Application for and Approval of Historic Property Contracts.
a. 
An owner of a qualified historic property (as listed in subsection B of this section) may file an application for entering a Historic Property Contract with the City.
b. 
Each application shall be accompanied by a complete legal description of the property.
c. 
Each application shall be accompanied by a scope of work for the restoration or rehabilitation of the property.
d. 
In January of each year, the City may notify the owners of qualified historic properties of the period of application for and process for City Historic Property Contracts for that calendar year.
e. 
Application forms, as prescribed by the City, shall be provided to any property owner who requests the application forms.
f. 
Upon submission of an application and the plan for restoration or rehabilitation of the property, the application and plan shall be reviewed for completeness by the City's Architectural Historian within 60 calendar days of the submission. In connection with this review, the Architectural Historian shall complete an initial inspection of the Qualified Historic Property, obtain photo documentation of the existing condition of the property, and use the inspection information to revise the plan for restoration or rehabilitation where necessary.
g. 
All applications and plans for restoration or rehabilitation deemed complete and acceptable to the City's Architectural Historian shall, within 60 calendar days of being deemed complete, be submitted to the Commission. Such application and plans shall be evaluated by both the City's Architectural Historian and the Commission for compliance with established City criteria that will include, but not be limited to, the following findings:
i. 
The plan will substantially contribute to the preservation of a historic and unique City resource which is threatened by possible abandonment, deterioration, or conflicting regulations, and it will enhance opportunities for maintaining or creating affordable housing, or it will facilitate the preservation and maintenance of a property in cases of economic hardship.
ii. 
The plan will support substantial reinvestment in a historic resource and rehabilitation of a historic structure in the expanded State Enterprise Zone and other areas where the City is concentrating resources on facade improvements, home rehabilitation, or similar revitalization efforts.
iii. 
The Community Development Director has certified that the property does not now consist of any unpermitted or unsafe construction or building elements, is not the subject of a pending City code enforcement matter, and is current on the payment of all property taxes.
iv. 
Any new construction will not impact the eligibility for the structure to qualify as a Qualified Historic Resource, as that term is used in the Mills Act.
h. 
Upon completion of the Commission review of the application and plan, the Commission shall make a recommendation to the Community Development Director for City approval or disapproval of the contract.
i. 
If an application is recommended for approval by the Commission, the City shall prepare a contract according to its standard contract form, which shall be deemed to have all provisions necessary for a Historic Property Contract with the City.
j. 
Additional provisions in the Contract desired by the owner shall be subject to approval by the Community Development Director or, when determined appropriate by the Community Development Director, by the City Council and as to form by the City Attorney in all cases.
k. 
The City Finance Director shall determine that the proposed contract does not cause the total annual revenue loss to the City to exceed the amounts established by resolution for this program by the City Council, both collectively and for individual properties.
l. 
Upon approval of the contract by the Finance Director, the contract signed by the property owners shall be submitted to the City Clerk, City Administrator and City Attorney for execution of the contract on behalf of the City and for recordation by the City Clerk's Office,
m. 
Historic Property Contracts that exceed the limits identified in this section shall only be approved and executed after and upon the express approval of the City Council.
(Ord. 6006, 2021)
A. 
Misdemeanor. Any person who violates a requirement of Chapters 30.220, 30.157, 30.57, and 30.237 fails to obey an order issued by the Historic Landmarks Commission, or City Council pursuant to these chapters, or fails to comply with a permit condition of approval issued under these chapters shall be guilty of a misdemeanor.
B. 
Nature of Violation/Moratorium. Any substantial alteration, demolition by neglect or demolition of a designated Landmark, Structure of Merit, contributing resource, historic resource listed on the City's Local Register of Historical Resources or historic resources being reviewed in a survey, or historic resources located within a Landmark or Historic District in violation of these chapters, is expressly declared to be a public nuisance and, to the fullest extent possible, shall be abated by restoring or reconstructing the historic resource to is original condition as it existed prior to the violation. In the case of alteration, demolition by neglect or demolition of any historic resource described herein, the Community Development Director is hereby authorized to issue a temporary moratorium for the development of the subject property upon which such historic resource, prior to its demolition, was located for a period not to exceed 60 months (five years).
C. 
Civil Penalties. Any person or entity who alters, demolishes by neglect or demolishes those items stated in subsection B, above, in violation of these chapters, shall be liable for a civil penalty. In the case of demolition or demolition by neglect, the civil penalty shall be equal to one-half the fair market value of the structure prior to the demolition. In the case of alteration, the civil penalty shall be equal to one-half the cost of restoration of the altered portion of the historic resource based on an estimate obtained by the City at the cost of the offender. Once the civil penalty has been paid, building and construction permits and/or a Certificate of Occupancy may be issued. This penalty is in addition to, and not in lieu of, the moratorium set forth in subsection B, above.
D. 
Other Remedies. The City Attorney may maintain an action for injunctive relief to restrain a violation or cause, where possible, the complete or partial restoration, reconstruction, or replacement of the historic resource demolished, partially demolished, altered, or partially altered in violation of this chapter. The City Attorney may also pursue any other action or remedy authorized under the Santa Barbara Municipal Code, State law, and/or in equity for any violation of Chapters 30.220, 30.157, 30.57, and 30.237. This civil remedy shall be in addition to, and not in lieu of, any criminal prosecution and penalty or other remedy provided by law.
E. 
Continuing Violation. In accordance with Section 1.28.050, violations of Chapters 30.220, 30.157, 30.57, and 30.237 are deemed continuing violations and, each and every day a violation continues, is deemed to be a new and separate offense subject to a maximum civil penalty for each and every offense.
(Ord. 6006, 2021; Ord. 6203, 12/16/2025)