The provisions and regulations for historic site contracts are hereby established for the following purposes:
(a) 
For the protection, enhancement, and use of places, sites, buildings, and structures having special historic, architectural, and cultural interest and value;
(b) 
To impose appropriate and reasonable controls on the appearance and use of these places, sites, buildings, and structures for preserving their character and economic value to the City and its citizens;
(c) 
For the proper use of places, sites, buildings, and structures that are desirable to the community but require special considerations because of their age, structural nature, or threats from modernization which could have a negative effect on their unique and important character and economic value;
(d) 
For the protection of substantial public investments in conservation, recreation, aesthetics and the general public health, safety, and welfare; and
(e) 
For the enhancement of tourism and the economy of the City by protecting and preserving places having special and unique character and interest.
(1207-CS, Rep&ReEn, 05/28/2015)
(a) 
Application. Upon submittal of an application, the Development Services Director may authorize a historical site contract for places, sites, properties, buildings, structures, and signs found to be qualified as historical buildings or structures. Applications shall be submitted and reviewed pursuant to the minor discretionary permit process as set forth in Article 3 of this chapter (Minor Administrative and Minor Discretionary Permits) including payment of all applicable processing fees.
(b) 
Findings. In reviewing an application for a historic site contract, the Development Services Director shall consider the following criteria and include those applicable as findings of fact to any approval:
(1) 
The property, place, site, building, structure, or use has special local historical, architectural, archaeological, or cultural interest that embodies the character and history of the City of Turlock;
(2) 
The unique character and history of the City of Turlock reflected in the property, place, site, building, structure, or use should be preserved as living parts of the community;
(3) 
The property, place, site, building, structure, or use is facing increasing pressures of modernization and may be threatened with demolition or decay;
(4) 
The request represents an area of special natural beauty, aesthetic interest, or entryway corridors, which would enhance the economy of the City by creating market draws or tourist attractions;
(5) 
The property is listed on the National Register of Historic Places or any State or County official register of historical or architecturally significant sites, places, or landmarks or should be and by this action is listed on the City of Turlock register of historically or architecturally significant sites, places, or landmarks.
(c) 
Terms of the contract.
(1) 
The use of the property may be restricted in a manner deemed reasonable to carry out the purpose of this article.
(2) 
The term of the contract shall be for a minimum period of ten (10) years.
(3) 
Where applicable, the contract shall provide for the following:
(i) 
The preservation of qualified historical property and the restoration and rehabilitation of the property to conform to the rules and regulations of the California Office of Historic Preservation, the United States Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code.
(ii) 
The periodic examination of the interior and exterior of the premises by the assessor, the California Office of Historic Preservation, and the State Board of Equalization as necessary to determine the owner's compliance with the contract.
(4) 
The owner or agent of an owner shall provide written notice of the contract to the Office of Historic Preservation within six (6) months of entering into the contract.
(5) 
Unless a notice of nonrenewal has been issued by the City or the owner, a one (1) year renewal period shall be added to the term of the contract on each anniversary date of the execution of the contract.
(6) 
If the City or the owner desires not to renew the contract, a written notice of nonrenewal shall be issued at least ninety (90) days prior to the renewal date by the owner or at least sixty (60) days prior to the renewal date by the City.
(7) 
Upon receipt of a notice of nonrenewal from the City, an owner may submit a written protest of the proposed nonrenewal. The City may then withdraw the notice of nonrenewal at any time prior to the renewal date.
(8) 
If either the City or the owner serves a notice of nonrenewal, the contract shall remain in effect for the balance of the contract term.
(9) 
The owner shall furnish the City with any information necessary to determine the eligibility of the property involved.
(10) 
Within twenty (20) days after the execution of a contract, the Secretary of the Planning Commission shall record a copy of the contract with the county recorder.
(d) 
Finding to protect public safety and welfare. In authorizing a historic site contract, the Development Services Director must find that the granting of the contract, or the authorization of the Chief Building Official to use the State Historic Building Code, will not be detrimental to the public safety and welfare.
(1207-CS, Rep&ReEn, 05/28/2015)
For the purpose of this section, pursuant to California Government Code Section 18955 of the Health and Safety Code, a qualified historical building or structure is any structure, collection of structures, and their associated sites deemed of importance to the history, architecture, or culture of an area by an appropriate local or state governmental jurisdiction. This shall include structures on existing or future national, State, or local historical registers or official inventories, such as the National Register of Historic Places, State Historical Landmarks, State Points of Historical Interest, and City or County registers or inventories of historical or architecturally significant sites, places, historic districts, or landmarks.
(1207-CS, Rep&ReEn, 05/28/2015)
Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation, or continued use of a building or structure may be made as required by the State Historic Building Code, when authorized by the building official; provided, that:
(a) 
Any unsafe or substandard conditions will be corrected in accordance with approved plans;
(b) 
The restored building or structure will be less hazardous, based on life and fire risk, than the existing building.
(1207-CS, Rep&ReEn, 05/28/2015)
No building or structure, or portion thereof, for which a historic site contract has been entered into, shall be removed, relocated, demolished, or structurally altered without prior approval from the Development Services Director in the form of a minor administrative approval as set forth in Article 3 of this chapter (Minor Administrative and Minor Discretionary Permits).
(1207-CS, Rep&ReEn, 05/28/2015)
The City may cancel a contract if it determines that the owner has breached any of the conditions of the contract or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historical property. The City may also cancel a contract if it determines that the owner has failed to restore or rehabilitate the property in the manner specified in the contract.
(1207-CS, Rep&ReEn, 05/28/2015)