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 Historic Resources Inventory, 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:
1. It
is associated with events that have made a significant contribution
in our past;
2. It
is associated with the lives of persons significant in our past;
3. 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;
4. It
yields, or may be likely to yield, information important in prehistory
or history; or
5. Its
unique location or singular physical characteristic represents an
established and familiar visual feature of a neighborhood.
(Ord. 6006, 2021)
The Historic Landmarks Commission, through the City's Architectural Historian, shall maintain for public review, and periodically update, a Historic Resources Inventory, as defined by Section
30.300.080 "H" hereinafter "Inventory," identifying historic resources that are not designated as Landmarks, Structures of Merit or contributing to a Historic District Overlay Zone, yet qualify for historic designation as defined by this chapter. The Inventory is maintained for the purpose of clearly identifying historic resources not officially designated, yet whose preservation is important to the heritage of the community.
A. Criteria for Inclusion. Historic resources in the Inventory
shall be identified through either a professional historical resource
survey or individual historic resource evaluation and be found historically
significant and eligible for designation as a Landmark, Structure
of Merit, or contributing resource to a historic district under the
criteria outlined in this chapter.
B. Listing Historic Resources on the Inventory.
1. Identification of Historic Resources. Properties may be proposed for inclusion in the Inventory 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 Inventory list
based upon the criteria established in this chapter 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 Inventory. 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 Inventory 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 Inventory.
2. Notice. The City's shall notify the
applicant and property owner(s) in writing whether the structure,
site, or feature will be added onto the Inventory.
C. Procedure for Removing Historic Resources from the Inventory. The property owner(s) may request to be removed from the Inventory pursuant to the process outlined below. Removal of a historic resource from the Inventory 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 Inventory 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 Inventory 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 Inventory, 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 Inventory shall be mailed to the owner(s).
(Ord. 6006, 2021)
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 Historic
Resource Inventory 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 Historic Resource Inventory or 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)