The purpose of this chapter is to provide for the recognition and preservation of historic resources that reflect the social, cultural, historical, and architectural heritage of the City by establishing procedures and regulations that are necessary to:
A. 
Assist the City in identifying and protecting its historic resources;
B. 
Encourage public education and appreciation of the City’s heritage;
C. 
Ensure that new development maintains continuity with the City’s historic character and scale;
D. 
Maintain historic resources as community assets;
E. 
Integrate the preservation of historic resources into the public and private development process;
F. 
Implement the goals and policies of the Visual and Historic Resources Element of the General Plan; and
G. 
Fulfill the City’s responsibilities under applicable State and Federal laws, including the California Environmental Quality Act (CEQA), and Section 106 of the National Historic Preservation Act (NHPA).
(Ord. 22-05 § 7)
A. 
Establishment. The City shall create and maintain a list of properties known as the Historic Resources Inventory (HRI) adopted by City Council Resolution. The HRI shall collectively consist of buildings, structures, objects, or sites that satisfy one or more of the following:
1. 
Are identified as potentially eligible for designation through historic resources survey or other evaluation conducted by a qualified preservation professional using accepted professional practices and formally adopted for inclusion on the HRI by the City Council; or
2. 
Are listed in or formally determined eligible for listing in the National Register of Historic Places or the California Register of Historical Resources, either individually or as a Contributor to a designated Historic District; or
3. 
Are designated as a County of Santa Barbara Landmark or County of Santa Barbara Place of Historic Merit; or
4. 
Are designated Historic Landmarks or contributors to designated Historic Districts by the City Council.
B. 
Purpose. The HRI may be used for reference for future determinations for the designation of Historic Landmarks or Historic Districts. In addition, all properties on the HRI are subject to provisions of this chapter including the standards and review processes associated with alterations to or demolition of historic resources. All properties on the HRI are considered historical resources as defined by the California Environmental Quality Act and may be eligible to use alternative Building Code provisions as determined by the Building Official.
(Ord. 22-05 § 7)
A. 
Criteria for Designating a Historic Landmark. A building, structure, object, or site shall be designated a Historic Landmark, if the City Council finds that the following criteria are met:
1. 
The proposed Historic Landmark is at least 50 years old or exhibits exceptional importance; and
2. 
The proposed Historic Landmark meets one or more of the following:
a. 
The proposed Historic Landmark is associated with important events or broad patterns of development that have made a significant contribution to the historical, archaeological, cultural, social, economic, aesthetic, engineering, or architectural development of the City, State, or nation; or
b. 
The proposed Historic Landmark is associated with persons significant in local, State, or national history; or
c. 
The proposed Historic Landmark embodies distinctive characteristics of a style, type, period, or method of construction, or is an example of the use of indigenous materials or craftsmanship, or it is a significant example of the work of a notable builder, designer, or architect; or
d. 
The proposed Historic Landmark has yielded or has the potential to yield, information important to the history or prehistory of the City, State, or nation; and
3. 
The proposed Historic Landmark retains those aspects of historic integrity that convey the reason for its significance.
B. 
Procedure for Designating a Historic Landmark. The designation of Historic Landmarks shall be processed in the following manner:
1. 
Application. A nomination for designation as a Historic Landmark may be initiated by any resident of the City. If the applicant is not the property owner, the Director shall, within 10 days of receipt of the nomination, notify the property owner in writing that a nomination for designation has been submitted.
2. 
Historic Preservation Commission Hearing. The Director shall schedule a public hearing before the Historic Preservation Commission on nominations for Historic Landmark designation within 90 days of the application being deemed complete, or as reasonable. The Historic Preservation Commission shall make a recommendation to the City Council on the listing of the property for Historic Landmark designation based on the criteria for designating a Historic Landmark.
3. 
Interim Protection. No on-site activities, other than routine maintenance and repair, that could affect any character-defining feature or the historic integrity of the proposed Historic Landmark, shall be permitted during the time period from nomination submittal through City Council consideration.
4. 
City Council Hearing. As soon as is feasible after receiving the recommendation of the Historic Preservation Commission, the City Council shall consider the proposed Historic Landmark designation. Within 180 days from the application being deemed complete, the City Council must decide on the proposed designation. Failure by the City Council to act within 180 days will result in the nomination request being automatically denied without prejudice.
5. 
Notice of Designation. If the City Council approves a proposed Historic Landmark designation, notice of the City Council’s decision shall be sent to the applicant and property owner.
C. 
Automatic Designation of Historic Landmarks. Any property in the City listed in the National Register of Historic Places, the California Register of Historical Resources, or as a County of Santa Barbara Historic Landmark or County of Santa Barbara Place of Historic Merit as of January 1, 2021, shall be automatically designated a City Historic Landmark.
(Ord. 22-05 § 7)
A. 
Procedure. Amendment to or rescission of the status of an individual historic resource shall be processed in the same manner as provided for in Section 17.33.040(B).
B. 
Required Findings. In order to amend or rescind a Historic Landmark designation, or remove or amend a historic resource listed in the HRI, the City Council must make the finding that the historic resource no longer meets the finding for designation or inclusion in the HRI due to:
1. 
New information that was not available at the time of the evaluation or historic designation that compromises the historic significance of the property; or
2. 
Destruction of the historic resource through a catastrophic event that has rendered the building, structure, or object a hazard to public health, safety, or welfare; or
3. 
Demolition of the historic resource.
(Ord. 22-05 § 7)
A. 
Criteria for Designating a Historic District. A contiguous grouping of properties that relate to each other in a distinguishable way or in a geographically definable area shall be designated as a Historic District, if the City Council finds that the grouping of properties meets the following criteria:
1. 
It possesses a significant concentration of properties united historically or aesthetically by plan or physical development; and
2. 
It meets one or more of the criteria for designation in Section 17.33.040(A)(2); and
3. 
A minimum of 60 percent of the properties within the proposed Historic District are identified as contributors to the Historic District’s significance; and
4. 
The Historic District collectively retains those aspects of historic integrity that convey the reason for its significance.
B. 
Criteria for Identifying Contributors to a Historic District. The City Council designation of a Historic District shall include a list of contributing properties within the Historic District. All contributors must satisfy the following three requirements:
1. 
The property adds to the historic associations or historic architectural qualities for which the Historic District is significant; and
2. 
The property was present during the period of significance for the Historic District; and
3. 
The property retains sufficient historic integrity to convey its significance.
C. 
Procedure for Designating a Historic District and Contributors. The designation of Historic Districts and contributors shall be processed in the following manner:
1. 
Application. A nomination for designation of a Historic District may be initiated by any resident of the city.
2. 
Owner Consent. At the time the nomination is submitted, the applicant shall submit documentation by letter or petition that a minimum of 51 percent of the property owners within the proposed Historic District support the nomination.
3. 
Owner Notification. The Director shall, within 10 days of receipt of a nomination, notify all property owners within the proposed Historic District in writing that a nomination for designation has been submitted.
4. 
Historic Preservation Commission Hearing. The Director shall schedule a public hearing before the Historic Preservation Commission on nominations for Historic District designation within 90 days of the nomination being deemed complete, or as reasonable. The Historic Preservation Commission shall make a recommendation to the City Council on the eligibility of the potential Historic District and the list of contributors for historic designation based on the criteria for designating a Historic District and the criteria for identifying contributors.
5. 
Interim Protection. No on-site activities, other than routine maintenance and repair, that could affect any character-defining feature or the historic integrity of any property within the potential Historic District, shall be permitted during the time period from nomination submittal through City Council consideration.
6. 
City Council Hearing. As soon as is feasible after receiving the recommendations of the Historic Preservation Commission, the City Council shall consider approval of the Historic District and the specific contributors within the Historic District. Within 180 days from the nomination being deemed complete, the City Council must decide on the proposed designation. Failure by the City Council to act within 180 days will result in the nomination request being automatically denied without prejudice.
7. 
Notice of Designation. If the City Council approves a proposed Historic District designation, notice of the City Council’s decision shall be sent to the applicant and all property owners within the Historic District.
D. 
Amendment or Rescission of a Historic District Designation.
1. 
Procedure. Amendment to or rescission of the status of a Historic District shall be processed in the same manner as provided for in Section 17.33.060(C).
2. 
Required Finding. In order to rescind or amend the designation of a Historic District or a contributor, the City Council must make at least one of the following findings:
a. 
New information that was not available at the time of the historic designation compromises the historic significance of the Historic District or the contributor; or
b. 
Destruction of the Historic District or contributor through a catastrophic event has rendered it a hazard to public health, safety, or general welfare; or
c. 
A contributor has been demolished or relocated outside of the Historic District.
(Ord. 22-05 § 7)
A. 
Criteria for Identifying a Point of Historical Interest. A building, structure, object, or site may be identified as a Point of Historical Interest, which is not a historic resource, if it meets at least one of the following criteria:
1. 
It is the site of a building, structure, or object that no longer exists or has been altered, but was associated with historic events or important persons, or otherwise has significant cultural or historic significance; or
2. 
It is the site of a historic event which has no distinguishable physical characteristics.
B. 
Procedure for Identifying a Point of Historical Interest. A Point of Historical Interest shall be identified by the Historic Preservation Commission in the manner identified in Section 17.33.040(A) and adopted by the City Council. The Historic Preservation Commission shall maintain the listing of identified Points of Historical Interest.
C. 
Rescission of a Point of Historical Interest. Rescission of the listing of a Point of Historical Interest shall be processed in the same manner as the original identification and shall be based on a determination that the criterion of original identification is no longer met.
(Ord. 22-05 § 7)
This section establishes the review process for proposed alterations to historic resources.
A. 
Compliance with Section. It shall be unlawful for any person, property owner, or entity to alter any historic resource directly or indirectly except as provided herein. Alterations to historic resources to add an attached accessory dwelling unit are subject to the requirements of Section 17.41.030(F)(8) only.
B. 
Alterations that are Exempt from Design Review. The provisions for the Design Review of proposed alterations to historic resources shall not be construed to prevent ordinary maintenance and repair which does not change the design, materials, architectural features, or character-defining features of a historic resource. The exemptions outlined in Section 17.58.020 apply to historic resources, with the following exceptions:
1. 
The proposed alteration will affect an identified character-defining feature of the historic resource.
2. 
All proposed additions to historic resources are subject to Design Review.
C. 
Criteria and Procedure for Director Review of Alterations.
1. 
Required Findings. The Director shall approve the plans and Design Review Board review is not required if the following findings are made:
a. 
The proposed alteration is minor and clearly meets any applicable design guidelines adopted by the City Council; or
b. 
In the absence of applicable design guidelines, the proposed alteration is minor and clearly meets the relevant Secretary of the Interior’s Standards for the Treatment of Historic Properties; and
c. 
The proposed alteration will not diminish, eliminate, or adversely affect the character, character-defining features, or historic integrity of the historic resource; and
d. 
Any changes to the proposed alteration requested by the Director are agreed to by the applicant.
2. 
Changes to the Plans. No changes shall be made to the project once the Director has approved the plans without resubmitting to the Director for approval of the changes.
D. 
Criteria and Procedure for Historic Preservation Commission and Design Review Board Review of Alterations.
1. 
Historic Preservation Commission Review. The review and decision on the design review for projects involving historic resources will be undertaken by the Design Review Board as outlined in Section 17.58.060, with a recommendation from the Historic Preservation Commission. The Historic Preservation Commission will review the application materials and make a recommendation to the Design Review Board for consideration prior to Preliminary Review as outlined in Section 17.58.060(B).
2. 
Required Findings. The Historic Preservation Commission shall make recommendations, and the Design Review Board shall decide based on one of the following findings:
a. 
The proposed alteration is found to be consistent with any applicable design standards or guidelines adopted by the City Council; or
b. 
In the absence of applicable design standards or guidelines, the proposed alteration is found to be consistent with the relevant Secretary of the Interior’s Standards for the Treatment of Historic Properties; or
c. 
There is sufficient evidence, including evidence provided by the applicant, that denial of the proposed alteration would cause an immediate hardship because of conditions unique to the specific property.
(Ord. 22-05 § 7)
A. 
Process. Demolition of a historic resource may be permitted only with the issuance of a Major Conditional Use Permit unless determined necessary by the Building Official as outlined in Section 17.29.010(B)(3).
B. 
Additional Requirements. The applicant shall submit a cost analysis for the rehabilitation and reuse of the property and a report by a structural engineer on the feasibility of relocation.
C. 
Findings. The findings of Section 17.52.070 are not applicable for the demolition of a historic resource. In order to approve the demolition of a historic resource, the Historic Preservation Commission must make a recommendation, and the Planning Commission must decide, based on the following findings:
1. 
The proposed action is consistent with the intent of this chapter and is supportive of the identified goals and policies of the General Plan; and
2. 
Any significant environmental impacts are mitigated to the maximum extent feasible; and
3. 
The demolition will not have a significant negative effect on the achievement of the purposes of this Title; and
4. 
One of the following:
a. 
The potential negative effects are outweighed by the benefits of the associated replacement project, as applicable; or
b. 
There is sufficient evidence, including evidence provided by the applicant, that the historic resource retains no reasonable economic use and retention of the historic resource would cause undue economic hardship, considering the historic resource’s condition, location, the current market value, and the costs of rehabilitation to meet the requirements of the building code or other City, State, or Federal law; or
c. 
There is sufficient evidence, including evidence provided by the applicant, that relocation of the historic resource is infeasible; or
d. 
The demolition is necessary to protect or promote the health, safety, or welfare of the residents of the City, including the need to eliminate blight or nuisance, or correct an unsafe or dangerous condition of the property.
D. 
Demolition of Potential Historic Resources. If structure is more than 50 years old but not listed in the HRI is proposed for demolition, the Director may require a historic resources assessment report prepared by a qualified preservation professional to determine whether the real property should be considered for potential inclusion in the HRI and therefore subject to the provisions of Section 17.33.040.
E. 
Demolition Permits.
1. 
Zoning Permit associated with the demolition of a historic resource shall not be issued until development plans for that site have secured plan check approval unless the demolition is approved to abate an unsafe or dangerous condition.
2. 
If a historic resource is demolished without approval of both a Zoning Permit and Demolition Permit, no Building or Construction-Related Permits shall be issued and no permits or use of the property shall be allowed from the date of demolition for a period of three years for residential properties, and five years for non-residential properties.
(Ord. 22-05 § 7)
In addition to any other incentive of Federal or State law, property owners of designated Historic Landmarks or contributors to a designated Historic District may apply for a Mills Act contract under Government Code Sections 50280-50290.
A. 
Historic Preservation Commission Review. The Historic Preservation Commission will review Mills Act applications and make recommendations to the City Council.
B. 
City Council Authorization. The City Council may, in its sole discretion, authorize the execution of all Mills Act contracts.
C. 
Cancellation or Modification. A Mills Act contract may be cancelled or modified if the City Council finds, after written notice to the property owner, either of the following conditions:
1. 
The property owner is responsible for noncompliance with any terms or conditions in the contract, or any provision in this chapter, or misrepresentation or fraud was used in the process of obtaining the contract; or
2. 
The property has been destroyed by fire, earthquake, flooding, or other calamity, or it has been taken by eminent domain.
D. 
Penalty for Cancellation Due to Noncompliance. If a Mills Act contract is cancelled due to Section 17.33.110(C)(1), the property owner shall be liable to the City for a cancellation fee equal to 12.5 percent of the current fair market value of the property or as provided for in applicable State law.
(Ord. 22-05 § 7)
A. 
Maintenance Requirements. Historic resources shall be maintained in a state that clearly furthers the continued availability of the historic resource for lawful reasonable uses and prevents deterioration, dilapidation, decay, and neglect of such resource, including demolition by neglect.
B. 
Failure to Meet the Maintenance Requirements. In addition to any other penalty authorized by law, failure to maintain a historic resource as specified in this section shall constitute a public nuisance pursuant to Chapter 12.13 of the Goleta Municipal Code.
C. 
Economic Hardship. The Director may delay the enforcement of the maintenance requirements in this section if the following conditions are met:
1. 
There is sufficient evidence provided by the property owner that the maintenance requirements would cause an undue hardship, considering the property’s condition, current market value, and the costs of maintenance; and
2. 
The delay in enforcing the maintenance requirements will not result in the loss of character-defining features of the property; and
3. 
The delay in enforcing the maintenance requirements will not result in an unsafe or dangerous condition or create a blight or nuisance.
(Ord. 22-05 § 7)