Chapter 4.13 THE HISTORIC BUILDING PRESERVATION OF THE CITY OF NEWMAN

This chapter shall be known as the Historic Building Preservation of the City of Newman.

(Ord. 96-8, 10-22-1996; Ord. 2007-10 § 1, 11-27-2007; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2022-3 § 1 (Att. A), 2022)

§ 4.13.020 Findings and purposes.

Findings. It is hereby found that:

The City has many places, sites, buildings, and structures which possess special historic, architectural and cultural interest and value to the community and its citizens; and

There is great value in the protection and enhancement of such important places, sites, buildings, and structures which often necessitates appropriate and reasonable consideration upon their appearance and use; including their alteration and reuse, which preserves their unique character and economic value; and

The proper use of historic places, sites, buildings, and structures is essentially desirable to the community, but, because of their age, structural nature, or threats from modernization, require special considerations in regard to the applicability of present construction and zoning codes affecting any change in use or structural alteration which could have a negative effect on their unique and important character and economic value.

Purposes. The purpose of this chapter is to promote health, safety and general welfare of the citizens of the City through:

The protection, enhancement, and perpetuation of structures, sites and areas that are reminders of past eras, events and persons important to local, State or national history, or which provide significant examples of architectural styles of the past, or are elements in the history of architecture, or reflect the phases of the City's development, or which are unique and irreplaceable assets to the City and its neighborhoods, or which provide for this and future generations examples of the physical surroundings in which past generations lived.

The enhancement of tourism and the economy of the City by protecting and preserving places having special and unique character and interest.

Support of the efforts of property owners to preserve, protect, and/or renovate historic and architecturally significant buildings/structures through financial incentive programs such as the Mills Act and the City's Downtown Facade Improvement Program and Housing Rehabilitation Program.

Fostering public appreciation of, and civic pride in, the beauty of the City and the accomplishments of its past.

Allowing the use of the State Historic Building Code (SHBC) by declaring the importance of designated structures to Newman's history, architecture, and local culture. The SHBC provides an alternative to the California Building Code by recognizing the unique construction problems inherent in historical buildings while maintaining acceptable life safety standards.

Promoting the enhancement of property values, the stabilization and improvement of neighborhoods and areas of the City, and the increase of economic and financial benefits to the City and its inhabitants.

Contributing to the preservation and encouragement of a City of varied architectural styles, reflecting the distinct phases of its history – cultural, social, economic, political and architectural.

Promoting the public's awareness of the benefits of preservation including encouragement of public participation in identifying and preserving historical and architectural resources, thereby increasing community pride in the City's cultural heritage.

§ 4.13.030 Area of application.

This chapter shall apply to all cultural and historical resources within the City as identified on the City of Newman's Inventory of Historic Resources. In addition, historic structures as defined herein shall include the exterior portions of any primary building and also related accessory structures of the same period construction but shall not apply to the interior of the designated structure.

§ 4.13.040 Ordinary maintenance and repair.

Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on an historic resource that does not involve a change in design, material or appearance thereof. This chapter does not prevent the construction, reconstruction, restoration, demolition, or removal of any such feature when the Chief Building Official certifies to the Architectural Review Committee that such action is required for the public safety due to an unsafe condition which cannot be rectified through the uses of the State Historical Building Code and following of the California Health and Safety Code as the same exists or may hereafter be amended.

§ 4.13.050 Definitions.

"Alteration"

means any change to or modification of an historic resource.

"Architectural"

means anything pertaining to the science, art or profession of designing and constructing buildings.

"Architectural Review Committee"

means the Committee established under this Code.

"Culture" or "cultural"

means anything pertaining to the concept, skills, habits, arts, instruments, or institutions of a given people at a given point in time.

"District" or "historic district" or "historic preservation area"

means a geographically definable area within the City of Newman possessing a significant concentration, linkage, or continuity of historic resources and which has been so designated pursuant to this chapter.

"Historic resource"

means a structure, natural feature, site or other artifact of architectural, artistic, cultural, engineering, aesthetic, archaeological, historical, political, or social significance to the citizens of the City of Newman, the State, or the Nation and formally designated by the City of Newman in accordance with the provisions of this chapter. An "historic resource" also includes a resource listed in the State and/or National Register of Historic Resources.

"Local historic resources inventory"

means the inventory of historic resources (including structures of architectural, cultural and historical significance) located within the City of Newman.

"Material change"

means a change, as defined herein, in the design, material, or appearance of an exterior architectural feature in or on an historic resource.

"Natural feature"

means any tree, plant life, geographical or geological site or feature.

"Owner"

means any person, association, partnership, firm, corporation or public entity appearing as the holder of title on any property as shown on the records of the County Assessor or on the last assessment roll of the County of Stanislaus, as applicable.

"Preservation"

means the identification, study, protection, restoration, rehabilitation, or acquisition of cultural resources.

"Residentially used property"

shall mean any owner-occupied building or structure, and accessory structures, located within an R District and used for single-family residential purposes, when used within the context of this chapter.

"Site"

means a place or plot of land where something was, is or will be.

"Structure"

means a building or any other manmade object affixed on or under the ground.

§ 4.13.060 Architectural Review Committee.

The City's Architectural Review Committee shall be the advisory agency for carrying out the duties and responsibilities identified under this chapter.

When appointing members to the Architectural Review Committee, the Council should strive to include a member from each of the following groups:

One Planning Commissioner;

One member of the Newman Historical Society;

One City resident at large;

One member of the business community and/or Chamber of Commerce; and

One professional in one or more of the following disciplines:

Architecture;

Architectural history;

Historical remodeling or reconstruction;

Historic archaeology;

Historical conservation; or

Related discipline to the extent such professionals are available in the community of Newman.

At least one member of the Architectural Review Committee should be a licensed building contractor.

(Ord. 96-8, 10-22-1996; Ord. 2007-10 § 1, 11-27-2007; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2019-3 § 4, 5-28-2019; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2022-3 § 1 (Att. A), 2022)

§ 4.13.070 Powers and duties of the Architectural Review Committee.

The Architectural Review Committee shall have the following powers and duties:

Following formal notification to the property owner of record, the designation of historic resources within the City.

Review design and/or building permit plans for construction, alteration, or demolition of designated historic resources.

Consult with and consider the general ideas and recommendations of civic groups, public agencies, and citizens interested in historic preservation.

View structures, sites and areas which it has reason to believe are worthy of preservation.

Disseminate information to the public concerning those structures, sites and areas deemed worthy of preservation, and encourage and advise property owners and members of the community generally in the protection, enhancement, perpetuation and use of property designated historic.

Consider methods other than those provided for in this chapter for encouraging and achieving historical or architectural preservation.

Conduct a review of the inventory of historic resources and update the inventory every two years or as deemed appropriate.

§ 4.13.080 Criteria for historic designation.

An historic resource structure is normally considered a structure of over 50 years of age as determined by the records of the Stanislaus County Assessor's Office. In considering a proposal for designation as an historic resource, the Architectural Review Committee shall apply a minimum of two of the following criteria:

Its character, interest or value as a significant part of the heritage of the City, the State or the Nation.

Its location as a site of a significant historic event.

Its identification with a person or persons who significantly contribute to the culture and development of the City, the State or the Nation.

Its exemplification of a particular architectural style or way of life.

Its exemplification of the best remaining architectural type in the City.

Its identification as the creation, design or work of a person or persons whose efforts have significantly influenced the heritage of the City, the State or the Nation.

Its embodiment of elements demonstrating outstanding attention to artistic, architectural and/or engineering design, detail, materials, or craftsmanship.

Its relationship to any other historic resource if its preservation is essential to the integrity of the other historic resource.

Its unique location or singular physical characteristics representing an established and familiar visual feature of the City.

Its potential of yielding significant information of archaeological interest.

Its integrity as a natural feature that strongly contributes to the well-being of the people of the City, the State, or the Nation.

The Architectural Review Committee shall, in making its determination for historic resource designations, consider the above criteria and make the following findings:

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;

The unique character and history of the City are reflected in the cultural, historical, economic and architectural heritage embodied in said property, place, site, building, structure or use which should be preserved as living parts of the community;

The property, place, site, building, structure or use is facing increasing pressures of modernization and may be threatened with demolition or decay;

The request for designation represents an area of special natural beauty and aesthetic interest, the preservation of which would enhance the economy of the City by promoting such areas as market draws or tourist attractions;

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 is to be listed on the City register of historically or architecturally significant sites, places, or landmarks;

The property owner of record has been formally notified by certified U.S. mail that their property was being considered for designation as an historic resource and was provided with an opportunity to address the Committee regarding the merits of designation and that the property owner's comments were considered in the determination.

§ 4.13.090 Procedures for historic designation of homes not on the City of Newman local historic resources inventory.

Commercially Used Property. Upon its own application, or upon an application filed with the Architectural Review Committee by the property owner, the Architectural Review Committee may designate a commercially used historic resource, subject to appeal to the Planning Commission and the City Council.

Residentially Used Property. Upon an application filed with the Architectural Review Committee by the property owner, the Architectural Review Committee may designate a residentially used historic resource, subject to appeal to the Planning Commission and the City Council.

Designation Procedure. The procedure for designation of historic resources is as follows:

The application shall include the following data:

Assessor's parcel number of the site or legal description;

Description detailing the proposed resource's special aesthetic, cultural, architectural, artistic, or engineering interest or value of an historic nature;

Sketches, drawings, photographs, or other descriptive materials;

Statement of condition of structures;

Other material or information requested by the Architectural Review Committee.

Prior to approval or approval with modification, the Architectural Review Committee shall find:

That the proposed structure, natural feature, site or district has significance as an historic resource; and

That the proposed designation may be made without imposing an undue hardship upon the owner(s) of the property(ies); and

That approval or approval with modification(s) of the application is consistent with the purpose and criteria of this chapter.

The recommendation of the Architectural Review Committee, approved by at least three affirmative votes, shall be approved unless reversed by the Planning Commission or on appeal by the City Council.

Following approval of the designation, the Architectural Review Committee shall send to the owner(s) of the property(ies) so designated a letter outlining the basis for such designation, and the regulations resulting from such designation. The Architectural Review Committee may also forward a copy of the letter to any other department or agency requesting it or that the Architectural Review Committee considers affected by the designation.

Once designated, the property shall then be listed on the Inventory of Historic Resources. The inventory shall be reviewed by the Architectural Review Committee every two years.

Within 90 days of designation of a building or structure as an historic resource in accordance with the provisions of this chapter, a document shall be recorded by the City in the office of the Stanislaus County Recorder. The document to be recorded shall contain the name of the owner or owners, a legal description of the property, the date and substance of the designation, a statement explaining that the demolition, alteration, or relocation of the structure is restricted, and a reference to this section authorizing the recordation.

For 24 months from the effective date of the ordinance codified in this chapter, all appeal fees attributable to the implementation of these provisions shall be paid by the City and/or the Newman Redevelopment Agency.

§ 4.13.100 Zoning regulations.

The provisions of this chapter are intended to complement and support the provisions of NCC § 5.13.030. Where an historic resource is located within an H District, and the provisions of this chapter are more restrictive than the provisions of the H District, the provisions of this chapter shall apply. Similarly, although a building or structure is located within an H District, unless the building or structure is designated as an historic resource, the provisions of this chapter shall not apply to any proposed construction and such work shall be governed exclusively by the provisions of the H District, any underlying zoning or other building code or similar provisions.

§ 4.13.110 Scope of alterations.

Any replacement of elements of any structure in a manner which may become inconsistent with proposed regulations preserving the original construction of such structure is hereby limited. Structural elements regulated herein are defined as any exterior visible portion of the structure, including:

Roof;

Eaves;

Fascia and siding;

Masonry walls and supports;

Porches, landings, outside stairs;

Columns of walls;

Windows and frames;

Auxiliary buildings;

Doors.

Except as otherwise provided in this chapter, no exterior alteration to any and/or all of the above-listed structural elements shall be carried out unless the Chief Building Official and/or the Architectural Review Committee has determined that the alteration utilizes materials in a manner compatible with the existing or original construction and design of the structure.

§ 4.13.120 Alteration of an historic resource – Permit required.

Except as otherwise provided in this chapter:

No person shall carry out or cause to be carried out on an historic resource any material change through alteration, construction, or relocation, unless the applicant has secured the required building permit.

Any person who plans the demolition, construction, alteration, relocation or removal of an historic resource or part thereof shall first submit an application to the City. Copies of the plans for the proposed work shall accompany the application. As a minimum, the application and plans shall contain the following data:

A clear statement of the proposed work;

Plans describing the size, height and appearance of the proposed work and its relationship to adjacent structures;

A site plan showing all existing buildings and structures and the proposed work;

Reasons for demolition if demolition is proposed;

Other information deemed necessary by the City to properly evaluate the proposal.

Except as otherwise provided in this chapter, no permit for the demolition, exterior construction, or alteration, relocation or removal of an historic resource or part thereof shall be issued until such application has been reviewed and approved by the Architectural Review Committee.

In the case where a permit has been applied for and the property owner plans to alter (utilizing materials not compatible with existing or original materials), demolish, relocate or remove an historic resource, the following shall apply:

The Architectural Review Committee shall consider, among other things, the purpose of this chapter and the historic architectural value and significance of the historic resource, as well as present and prospective effects or hardships (economic, financial, or otherwise) upon the owners and occupants of the affected properties. The Architectural Review Committee shall take into consideration architectural features of the building or structure in question, other buildings within any Historic District, and the position of such building or structure in relation to the street or public way and to other buildings and structures. The United States Secretary of the Interior's Guidelines for Rehabilitation shall provide base criteria for evaluating proposed alterations to an historic resource.

The Committee may approve, approve with modifications, or disapprove the application.

Prior to approval, or approval with modifications, the Architectural Review Committee shall find that:

The action proposed is consistent with the purposes of this chapter; and

The action proposed will not be detrimental to a structure or feature of significance as an historic resource; and

The applicant has demonstrated that the action is necessary to correct an unsafe or dangerous condition on the property; or

The applicant has demonstrated that denial of the application will result in immediate, undue, or substantial hardship (economic, financial, or otherwise); and

If the finding in subsection (D)(3)(a) of this section, and either finding in subsection (D)(3)(b), (c), or (d) of this section, cannot be made, then the building permit shall be denied.

A final determination, along with the written findings, shall be rendered by the Architectural Review Committee within 45 calendar days of receipt of the application, unless extended by mutual consent of the owner and the Architectural Review Committee.

Action of the Architectural Review Committee shall be deemed final, unless appealed. No building permit shall be issued until the time period for appeal has expired. Such appeal by the applicant, owner, or any person or entity dissatisfied with the action of the Architectural Review Committee shall be filed with the City Clerk within 10 days of the date of approval, conditional approval, or disapproval by the Architectural Review Committee.

The appeal shall set forth specifically where the petitioner believes the Architectural Review Committee's findings to be in error, and shall be accompanied by such fees as established from time to time by resolution of the City Council (as per NCC § 1.16.010). On appeal, the Planning Commission may grant or deny the appeal, conditionally grant the appeal, or refer the matter to the Architectural Review Committee for further consideration.

The provisions of this section shall not apply to the following:

Where an historic resource has been damaged by fire, earthquake or other act of God to the extent that it cannot be repaired or restored with reasonable diligence, and where demolition of such structure, natural feature or site is being undertaken with prior approval of the City's Chief Building Official.

Where hazardous conditions exist as determined by the Chief Building Official and said hazardous conditions must be corrected immediately in the interest of the public health, safety and welfare.

§ 4.13.130 Duty to keep in good repair.

The owner, occupant, or other person in actual charge of an historic resource, or part thereof, shall keep in good repair all of the exterior portions of such building(s), or structure(s), and all interior portions whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature. It shall be the duty of the Chief Building Official to enforce this section.

§ 4.13.140 Enforcement.

In addition to the regulations of this chapter, other parts of this Municipal Code and other provisions of law which govern the approval or disapproval of applications for permits or licenses covered by this chapter, the Chief Building Official shall have the authority to implement enforcement of this chapter by any of the following means:

Serve notice requiring the removal of any violation of this chapter upon the owner, agent, occupant or tenant of the historic resource.

Call upon the City Attorney to initiate any necessary legal proceedings for enforcement of this chapter, and the City Attorney is hereby authorized to institute any legal actions toward that end.

Call upon the Police Chief and/or other sworn police officer to assist in the enforcement of this chapter. In addition to any of the foregoing remedies, the City Attorney may maintain an action for injunctive relief to restrain or enjoin or to cause the correction or removal of any violation of this chapter.

§ 4.13.150 Penalties.

Any person violating or failing to comply with the provisions of this chapter shall be guilty of a misdemeanor. Any violation of this chapter may be alternatively charged as an administrative citation.

§ 4.13.160 CEQA.

Pursuant to the California Environmental Quality Act (CEQA), this chapter is exempt under the provision of Section 15061(B)(3), known as the "general or common sense" rule exemption. This section of the guidelines provides that where it can be seen with certainty that an action will not have a significant effect on the environment, it is exempt from CEQA.

In addition, this chapter is categorically exempt from CEQA under Section 15308 of the CEQA Guidelines, because it is a regulatory action taken by the City in the exercise of its authority pursuant to Government Code Section 65858, to assure completion of a contemplated change to City standards which the City is studying, revising and contemplating adopting within a reasonable period of time.