HomeMy Public PortalAbout11) 7I Historic Preservation Program Update1
SECTION # -Title.
This article shall be known as the "Historic Preservation Ordinance."
SECTION# -Purpose.
The purpose of the Historic Preservation Ordinance is to promote, protect and
preserve public and private historic, cultural, and natural resources which are of
special historic or aesthetic character or interest by establishing procedures that are
necessary to:
a) Implement the City's historic preservation goals, policies, and programs;
b) Promote the identification, documentation, and evaluation of the significance
of historic resources;
c) Encourage preservation, restoration, rehabilitation and maintenance of
historic resources, and protect historic resources from demolition and
inappropriate alterations;
d) Recognize the City's historic resources as important economic assets, and
integrate historic preservation into community economic development
strategies for sustainable development and to promote adaptive reuse of
historic structures;
e) Fulfill the City's responsibilities regarding historic resources under the
California Environmental Quality Act (CEQA) and Federal Section 106; and
f) Maintain elements of the natural landscape that contribute to the historic
character of the City.
SECTION# -Enabling Authoritv.
California Government Code Sections 65850 and 37361 enable city legislative
bodies to provide for "the protection, enhancement; perpetuation, or use of places,
sites, buildings, structures, works of art, and other objects having a special character
or special historical or aesthetic interest or value."
SECTION # -Definitions.
For the purposes of this ordinance, the following words and phrases are defined:
ADDITION is an extension or increase in floor area or height of a building or
structure.
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HISTORIC RESOURCES GROUP
ALTERATION is any change or modification to a Historic Resource requiring a
city permit.
APPLICANT is the Property Owner, Director of Community Development,
Planning Commission, City Council, or any person submitting a nomination for
designation of a historic resource.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) is California Public
Resources Code Section 21000 et seq. and its related guidelines as they may be
amended from time to time.
CALIFORNIA HISTORICAL BUILDING CODE (CHBC) is Title 24, Building
Standards, Part 8, California Code of Regulations. The intent of the CHBC is to
facilitate the preservation and continuing use of qualified historic buildings or
properties while providing reasonable safety for the building occupants and
access for people with disabilities.
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CALIFORNIA REGISTER OF HISTORICAL RESOURCES is a listing of
archaeological and historic resources that meet the criteria for designation in the
Register as defined in California Public Resources Code Section 5020.1, as it may
be amended from time to time.
CERTIFICATE OF APPROPRIATENESS is an approved certificate issued for
work on a Historic Resource.
CONSERVATION AREA is a geographically-definable area that does not meet
criteria for designation as a historic district, but that possess a unifying or
distinctive character that the community wishes to preserve.
CHARACTER-DEFINING FEATURES are the essential physical features that
enable a Historic Resource to convey its significance, as outlined in the
applicable criteria. It is not necessary for a property to retain all of its historic
physical features or characteristics; however, the property must retain sufficient
physical features such that it conveys why it is historically significant.
COMMISSION is the Planning Commission, acting as the Historic Preservation
Commission.
CONTRIBUTOR is any building, structure or object located within a designated
Historic District which adds to the historic integrity or architectural qualities
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that make the Historic District significant. Contributors to designated Historic
Districts are considered Historic Resources.
DEMOLITION is destruction of a Historic Resource that is so extensive that its
historic character is completely removed and cannot be repaired or replaced.
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DESIGNATION is the act of recognizing, labeling, or listing a property as being
historic. Properties may be designated at the Federal level, as a National Historic
Landmark or listed in the National Register of Historic Places; at the state level,
as a California Historical Landmark or Point of Interest or listed in the California
Register of Historical Resources; or at the local level. Designation formally
establishes by law or ordinance that a building or site has significance.
GOOD REPAIR is the level of Maintenance and Repair which clearly furthers the
continued availability of a Historic Resource for lawful reasonable uses and
prevents deterioration, dilapidation, decay, and neglect of such resource.
HARDSHIP WAIVER is an approved certificate issued, in conjunction with a
Certificate of Appropriateness, to permit demolition of a Historic Resource.
HISTORIC CONTEXT is the area or domain within which a Historic Resource has
historic significance. Historic contexts allow for an understanding of how the
property is a part of an important historic development or event. A historic
context statement is a narrative development history of an area tied to its extant
built resources.
HISTORIC DISTRICT is a significant concentration, linkage or continuity of
buildings, structures, objects or sites united historically or aesthetically by plan
or physical development.
HISTORIC LANDMARK is an individual building, structure or object which is of
special historic or aesthetic character or interest and meets at least one of the
Criteria for Designating a Historic Landmark
HISTORIC RESOURCE is any site, building, structure, object or district that is
listed in or 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 Historic District; or designated locally as a Historic Landmark
or a Historic District, or a contributing resource within a Historic District,!
1Th e City s ho uld determine precisely what will be included under this definition. In particular, there
s h ou ld be additional clarificatio n as to w h ether Points of In terest, pro_perties w ithin Conservation
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Draft Historic Preservation Ordinance
J-II STORI C R ES O UitC ES GHOUl'
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HISTORIC RESOURCES INVENTORY is a list of sites, buildings, structures,
objects or districts that have been evalu ated through historical resources
surveys or other evaluation processes, including those properties that have been
identified as non-historic, except for properties upon which such previously
identified sites, buildings, structures, objects or districts no longer exists as of
the effective date of the ordinance codified in this section.
HISTORIC RESOURCES SURVEY is the systematic and standardized process for
identifying and gathering data on the potential Historic Resources in the City for
the purpose of evaluating such resources according to local, State, and/or
Federal criteria.
INTEGRITY is the ability of a property to convey its significance. It is the
authenticity of a property's historic identity as evidenced by the survival of
physical characteristics and materials that existed during the property's historic
period.
MAINTENANCE AND REPAIR is any work done to correct or prevent the
deterioration of, decay of, or damage to a building, structure or lot, or any part
thereof, including replacement in-kind where appropriate, and which does not
involve a change in the existing design or materials.
NATIONAL REGISTER OF HISTORIC PLACES is the nation's official inventory of
sites, buildings, structures, objects and districts significant in American history,
architecture, archeology and culture and is maintained by the Secretary of the
Interior under the authority of the Historic Sites Act of 1935 and the National
Historic Preservation Act of 1966.
NON-CONTRIBUTOR is any building, structure or object located within a
designated Historic District which does not add to the historic integrity or
architectural qualities that make the Historic District significant. Non-
contributors to designated Historic Districts are not cons id ered Historic
Re sources.
OWNER is any person, association, partnership, firm, corporation or public
entity identified as the holder of title on any property as shown on the records of
the City Clerk or on the last assessment roll of the County of Los Angeles, as
applicable. For purposes of this section, the term Owner shall also refer to an
Areas, o r pot e ntia l hi s toric resources ide ntifi e d in a s urvey o r li s te d in the Te mple City Hi s t o ri c
Resou rces Inv e ntory a re to b e con s idered Hi storic Resource.
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III STORIC RESO URC ES G HOUl'
appointed representative of an association, partnership, firm, corporation, or
public entity which is a recorded Owner.
PERIOD OF SIGNIFICANCE is the span of time that a Historic Resource was
associated with important events, activities, or persons, or attained the
characteristics that qualify it for designation.
POINT OF INTEREST is a site, building, structure or object that does not retain
sufficient integrity to meet the Criteria for Designating a Historic Landmark, but
which is associated with historic events, important persons, or embodied a
distinctive character or architectural style.
PRESERVATION is the act or process of applying measures necessary to sustain
the existing form, Integrity, and materials of a Historic Resource.
RECONSTRUCTION is the act or process of depicting, by means of new
construction, the form, features, and detailing of a non-surviving site, landscape,
building, structure, or object for the purpose of replicating its appearance at a
specific period of time and in its historic location.
REHABILITATION is the act or process of making possible a compatible use for
a property through repair, alterations, and additions while preserving those
portions or features which convey its historical, cultural, or architectural values.
RELOCATION is the act or process of moving a Historic Resource from one site
to another site, or to a different location on the same site.
RESTORATION is the act or process of accurately depicting the form, features,
and character of a property as it appeared at a particular period of time by
means of the removal of features from other periods in its history and
reconstruction of missing features from the restoration period.
SECRETARY OF THE INTERIOR'S STANDARDS FOR THE TREATMENT OF
HISTORIC PROPERTIES are the standards prepared by the National Park
Service for Preserving, Rehabilitating, Restoring, and Reconstructing historic
buildings, and associated guidelines for applying the Standards.
SUBSTANTIAL ALTERATION is a proposed Alteration to a Historic Resource
that may cause a change in its Character-Defining Features.
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Draft Historic Preservation Ordinance
lliSTORIC RESOURCES GROUP
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SECTION # -Historic Preservation Commission.
A. Establishment a Historic Preservation Commission.
The City shall designate the Planning Commission to act as a Historic Preservation
Commission, to be an advisory body to the City Council on all matters pertaining to
historic preservation.z
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The Planning Commission, acting as the Historic Preservation Commission, shall
hold at least one regular meeting every other month, which shall be on the
[INSERT].3 All meetings of the Commission shall be open to the public a nd shall be at
City Hall unless another meeting time or place is designated with legally required
notice to the Commission Members and the public.
B. Powers and Duties ofthe Commission.
The Commission shall be an advisory board to the City Council, the City Manager,
and all City departments on all matters related to historic preservation. The
Commission shall have the power and it shall be its duty to perform the following
acts :4
a) Recommend to the City Council that certain sites, buildings, structures,
objects or districts having a significant historical, cultural, architectural,
community or aesthetic value as part of the heritage of the City be designated
as Historic Landmarks.
b) Make recommendations to the City Council on language related to historic
preservation in the General Plan .
2 The C ity shou ld dete rmin e whether the Pl an nin g Co mmi ss ion, act in g as th e H istoric Preservation
Co mmi ssio n, wi ll be a de cision -m akin g body, or mere ly advi s01y to th e City Cou nc il. A lso, the City
s hould dete rmin e if th ere wi ll be any pro fess ional qua lifications for Pl an nin g Co mmiss ion memb ers
act in g as memb ers of th e Hi stor ic Preservati on Co mmi ssio n, such as havin g a demonstrated inte res t,
competence, or know ledge in hi stori c preservation; or with ex pe rienc e in th e discipli nes of archi tecture.
hi st01y, arc hi tec tural hi story, planning, archeo logy, or other relate d fie ld s such as America n studies,
landscape arc hitecture, cultura l geography, or cu ltura l anthropology, to the extent that such professio na ls
a re ava il ab le in the commun it y; or wit h demonstrated in te rest , com pete nce, or know ledge of Temple City
history.
3 The City s hou ld determine if the Planning Comm issio n, ac ting as t he Historic Preservation
Co mmi ssio n, w ill ho ld separat e meetings d evoted to matters _perta ining to historic preservation,
a nd if so, the frequency a nd timing of those meetings.
4 The City should dete rm ine th e precise powers and dut ies of th e Plan ning Co mmi ssion, acting as the
Histo ri c Prese rvation Co mmiss ion.
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III STORIC RESO URC ES G RO UP
c) Encourage public understanding of and involvement in the unique historic,
cultural and architectural heritage of the City through educational and
interpretive programs.
d) Educate property owners and the general public about historic preservation
policies, procedures, and practices.
e) Explore means for the protection, retention and use of any designated or
potential Historic Landmark, including, but not limited to, appropriate
legislation and financing, such as encouraging independent funding
organizations or private, local, state or federa l assistance.
f) Support the designation of individual properties or historic districts in the
National Register of Historic Places to enable property Owners to make use
of federal tax incentives.
g) Make recommendations on design review applications (including
applications for demolition and relocation) affecting designated Historic
Landmarks.
h) Recommend that the City Council confer recognition upon the Owners of
designated Historic Landmarks, Points of Interest, or Historic Districts by
means of certificates, plaques or markers.
i) Recommend that the City Council issue commendations to Owners who have
rehabilitated their property in an exemplary manner.
j) Recommend and encourage the protection, enhancement, appreciation, and
uses of structures of historic, cultural, architectural, community, or aesthetic
value which have not been designated as Historic Resources but are
deservin g of recognition.
k) Oversee periodic updates to the Historic Resources Survey.
I) Advise the City Council and other Commissions as necessary on matters
relating to historic preservation.
m) Perform any other functions that may be designated by the City Council.
SECTION # · Temple City Historic Resources Inventory.s
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The Temple City Historic Resources Inventory is a list that includes sites, buildings,
structures, objects or districts that have been evaluated through historical resources
surveys or other evaluati on processes, including those properties that have been
identified as non-historic, except for properties upon which such previously
identified sites, buildings, structures, objects or districts no longer exists as of the
effective date of the ordinance codified in this section. The Historic Resources
Inventory shall be kept on file with the Community Development Department.
5 It is recommended th at th e City offi c iall y adopt th e rece nt ly com p leted cit ywide histo ric re so urces sur vey,
mak ing the sur vey list the Cit y's o ffi cia l in ve ntmy of hi sto ri c resources.
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Draft Historic Preservation Ordinance
HISTOIU C IU\SOURC F.S GROUI'
SECTION # -Historic Landmarks.
A. Description of a Historic Landmark.
An individual building, structure or object is considered a Historic Resource in the
City of Temple City if it meets at least one of the Criteria for Designating a Historic
Landmark.
B. Criteria for Designating a Historic Landmark.
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A building, structure, or object may be designated as a Historic Landmark if it
possesses sufficient character-defining features and integrity, and meets at least one
of the following criteria:6
a) Is associated with events 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) Is associated with persons significant in the history of the city, state or
nation; or
c) Embodies distinctive characteristics of a style, type, period, or method of
construction, or is a valuable example of the use of indigenous materials or
craftsmanship; or
d) Has yielded, or has the potential to yield, information important to the
history or prehistory of the city, state, or nation.
C. Procedure for Designating a Historic Landmark.
The designation of a Historic Landmark shall be approved by the City Council upon
the recommendation of the Planning Commission, acting as the Historic
Preservation Commission, in the following manner:
a) Nominations for Historic Landmarks may be initiated by the Commission, by
the Owner of the property that is proposed for designation, or by any
resident of Temple City.
b) Applications for designation originating from outside the Commission shall
complete the nomination form provided by the Community Development
Department.
c) If the applicant is not the Owner of the property, the Community
Development Department shall, within ten (10) days of receipt of the
6 These criteria are based upon those used for the California Register of Historical Resources.
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HISTOIUC RESOURCES GROUP
nomination, notify the Owner in writing that an application for designation
has been submitted.7
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d) Within thirty (30) days of the receipt of a nomination, the Community
Development Director shall determine if the nomination form is complete. A
public hearing before the Commission shall be scheduled on all nominations,
whether originating with the Commission or with another party. If a
nomination originates from outside the Commission, the public hearing shall
be held within ninety (90) days of the receipt of a complete applic ation for
designation .
e) There shall be a work moratorium while the Commission public hearing or
the City Council's decision is pending. During the moratorium, demolition or
alteration permits will not be issued. The work moratorium will end upon
the earlier of the City Council's decision on the proposed designation, a
moratorium termination date designated by the City Council , or one hundred
eighty (180) calendar days from the date of commencement of the
moratorium.
f) Notice of the date, place, time, and purpose of the hearing shall be given by
first class mail to the Applicants, Owners, and occupants of the property, and
to property owners within three hundred feet of the property, at least ten
(10) days prior to the date of the public hearing, and shall be advertised once
in a daily newspaper of general circulation at least ten (10) days in advance
of the public hearing. The Commission and City Council may also give other
notice as they may deem desirable and practicable.
g) After the public hearing, but in no event more than sixty (60) days from the
date set for the public hearing, the Commission shall recommend approval in
whole or in part or disapproval of the application for designation in writing
to the City Council, outlining the findings used to make its decision.
h) The City Council, within sixty (60) days of receipt of the Commission's
recommendations concerning proposed designations, shall by resolution
approve the recommendations in whole or in part, or shall by motion
disapprove them in their entirety. If the City Council approves a proposed
designation, notice of the City Council's decision shall be sent to Applicants
and Owners of a designated property.
SECTION # -Points of Interest.
A. Description of a Point of Interest.
7 The owner is notified of a pending nomination and therefore can e lect to participate in the hearing
process. However, owner consent is not required for designation.
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III STORI C R ESO URCES GROUP
An individual building, structure or object is considered a Historic Resource in the
City of Temple City if it meets at least one of the Criteria for Designating a Point of
Interest, but does not meet the Criteria for Designating a Historic Landmarks
B. Criteria for Designating a Point of Interest.9
A site, building, structure or object may be designated as a Point of Interest if it
meets at least one of the following criteria:
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a) Is the site of a building, structure or object that no longer exists but was
associated with historic events, important persons, or embodied a distinctive
character or architectural style; or
b) Has historic significance, but has been altered to the extent that the integrity
of the original workmanship, materials or style is substantially
compromised; or
c) Is the site of a historic event which has no distinguishable characteristics
other than that a historic event occurred there and the historic significance is
sufficient to justify the establishment of a Historic Landmark.
C. Procedure for Designating a Point of Interest.
The designation of a Point of Interest shall be approved by the City Council upon the
recommendation of the Commission in the manner identified in Paragraph [X]
above (for Historic Landmarks), with the exception that no work moratorium shall
be declared.
SECTION # -Historic Districts.
A. Description of a Historic District.
A significant concentration, linkage, or continuity of sites, buildings, structures or
objects united historically or aesthetically in a distinguishable way or in a
geographically definable area, is considered a Historic Resource in the City of
Temple City if it meets at least one of the Criteria for Designating a Historic District.
B. Criteria for Designating a Historic District.
8 Th e C ity s hould determine if Points of Int erest a r e to be co ns idered Hi stor ic Resources.
9 Point of Interest designation is reco mm e nde d for t ho se pro perties that have cultural or historic
importance t o th e city, but lack integrity o r othe r wise do not meet the criteria for designa tion as a
Hi stor ic Landmar k. Typ ica lly, Po ints o f Interest are not s ubject to the same level of rote ction or
financial incentives as Historic La ndmarks.
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III STOIUC RESOURCES GROU P
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A significant concentration, linkage, or continuity of sites, buildings, structures or
objects united historically or aesthetically in a distinguishable way or in a
geographically definable area may be designated as a Historic District if it possesses
sufficient character-defining features a nd integrity, and meets at least one of the
following criteria:
a) Is a contiguous grouping of sites, buildings, structures or objects that meets
at least one of the Criteria for Designating a Historic Landmark; or
b) Is a contiguous grouping of sites, buildings, structures or objects that reflects
significant geographical patterns, including those associated with different
eras of settlement and growth, particular transportation modes, or are
distinctive examples of community planning; or
c) Is a contiguous grouping sites, buildings, structures or objects that has a
unique location, singular physical characteristics, or is an established and
familiar visual feature of a neighborhood, community, or the City; or
d) Is a geographically definable area possessing a concentration of historic,
scenic, or thematic sites, buildings, structures or objects which contribute to
one another and are unified by plan, physical development, or architectural
quality; or
e) Is a non-contiguous grouping of sites, buildings, structure or objects which
are related thematically.
C. Procedure for Designating a Historic District.
The designation of a Historic District sha ll be approved by the City Council upon the
recommendation of the Commission in the following manner:
a) Nominations for Historic Districts may be initiated by the Commission, by the
Owner of a property that is included in the proposed district, or by any
resident of Temple City.
b) Applications for designation originating from outside the Commission shall
complete the nomination form provided by the Community Development
Department.
c) The Community Development Department shall, within ten (10) days of
receipt of the nomination, notify all property Owners within the proposed
district in writing that an application for designation has been submitted.1 0
1o The City should determine if it will be required that a certain percentage of Owners within the
distri ct (typically 51%) s upport the Hi storic District des ignation for it to move forw a rd through the
process.
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City of Temple City
Draft Historic Preservation Ordinance
III STORIC RESOURCES CltOUI'
d) Within thirty (30) days of the receipt of a nomination, the Community
Development Director shall determine if the nomination form is complete.
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e) The Commission shall schedule a public hearing on all nominations, whether
originating with the Commission or with another party. If a nomination
originates from outside the Commission, the public hearing shall be held
within ninety (90) days of the receipt of a complete application for
designation.
f) There shall be a work moratorium while the Commission's public hearing or
the City Council's decision is pending. During the moratorium, demolition or
alteration permits will not be issued. The work moratorium will end upon
the earlier of the City Council's decision on the proposed designation, a
moratorium termination date designated by the City Council, or one hundred
eighty (180) calendar days from the date of commencement of the
moratorium.
g) Notice of the date, place, time, and purpose of the hearing shall be given by
first class mail to the applicants, Owners, and occupants of all properties
within the proposed district, and to all property owners within three
hundred feet of the proposed boundary, at least ten (10) days prior to the
date of the public hearing, and shall be advertised five (5) consecutive days
in a daily newspaper of general circulation at least ten (10) days in advance
of the public hearing.
h) After the public hearing, but in no event more than sixty (60) days from the
date set for the public hearing, the Commission shall recommend approval in
whole or in part or disapproval of the application for designation in writing
to the City Council, outlining the findings used to make its decision.
i) The City Council, within sixty (60) days of receipt of the Commission's
recommendations concerning proposed designations, shall by resolution
approve the recommendations in whole or in part, or shall by motion
disapprove them in their entirety. If the City Council approves a proposed
designation, notice of the City Council's decision shall be sent to applicants
and Owners of a designated property.
SECTION # -Conservation Areas.
A. Description of a Conservation Area.u
n The City should determine if properties within Conservation Areas are to be considered Historic
Resources. Also, the City should determine if Conservation Areas will be designated as overlay
zones. If so, these provisions may more appropriately be in corporated into the section of the
Municipal Code that addresses special zones.
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Draft Historic Preservation Ordinance
IIISTOIUC RESOURCES GllOUI'
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A Conservation Area is a significant concentration, linkage, or continuity of sites,
buildings, structures or objects united historically or aesthetically by plan or
physical development, that does not meet the Criteria for Designating a Historic
District, but has unique qualities requiring special treatment and special approaches
to development. The Conservation Area designation is intended to protect these
areas from incompatible development and to establish development standards
which will ensure that new developments will not adversely affect surrounding
areas.
B. Criteria for Designating a Conservation Area.
A significant concentration, linkage, or continuity of sites, buildings, structures or
objects united historically or aesthetically by plan or physical development may be
designated as a Conservation Area if it meets at least one the following criteria:
a) Has distinctive building features, such as period of construction, style, size,
scale, detailing, mass, color or material; or
b) Has distinctive streetscape features, such as light fixtures, signage, benches,
curb markers, kiosks or bollards; or
c) Has distinctive site planning and natural features, such as lot platting, street
patterns, setbacks, alleyways, sidewalks, creek beds, parks or gardens; or
d) Has distinctive land uses or land use patterns, such as mixed or unique uses
or activities.
C. Procedure for Designating a Conservation Area.
Conservation Areas shall be approved by the City Council upon the recommendation
of the Commission in the manner identified in Paragraph [X] above (for Historic
Districts), with the exception that no work moratorium shall be declared.
SECTION # -Amendment or Rescission of Designation.
The City Council, upon the recommendation of the Commission, may amend or
rescind any designation of a Historic Landmark or Historic District in the same
manner and procedure as was followed for the original designation.
In rescinding or amending the designation of a Historic Landmark or Historic
District, the City Council must make the finding that it no longer meets the
appropriate designation criteria due to at least one of the following:
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a) New information that compromises the significance of the Historic Resource;
or
b) Destruction of the Historic Resource through a catastrophic event that has
rendered the resource a hazard to public health, safety, or welfare; or
c) The Historic Resource has been demolished or removed.
SECTION # -Alterations or Repairs to Desi~:nated Historic Resources.
A. Approval Process for Alterations or Repairs to Designated Historic
Resources.
It shall be unlawful for any person, Owner, or entity to directly or indirectly alter,
remodel, demolish, grade, remove, cons truct, reconstruct, or restore any designated
Historic Resource or any site, building, structure, object or district listed in the
Historic Resources Inventory without first obtaining a Certificate of
Appropriateness or Certificate of No Effect.
B. Alterations or Repairs that are Exempt from Review.
The provisions for the issuance of a Certificate of Appropriateness shall not be
construed to prevent ordinary Maintenance and Repair which does not change the
design, materials, architectural elements, or site features of a Historic Resource. The
following activities may be exempted from the review procedures:
1. Routine maintenance and minor repairs;
2. Exterior painting;
3. Replacing deteriorated roofing materials with the same type of material
already in use;
4. Replacing damaged chimneys with the same type already in use;
5. Addition or removal of screens, awnings, canopies and similar incide ntal
appurtenances;
6. Addition or removal of exterior walls and fences;
7. Addition or removal of exterior lighting;
8. Addition or removal of landscaping;
9. Addition or removal of driveways and walkways;
10.Interior alterations, including the addition or removal of fixed or mova ble
cases, shelving and partitions not exceeding six feet in height; carpeting,
hardwood or tile flooring, counters of countertops and similar finish work
(unless a Historic Resource designation includes interior features).12
12 Th e City s hould de t ermine what, if any, interior a lterations will b e regulated under the ordinance.
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li ISTOIU C RESOU RCES G IWU r
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The Community Development Director can issue a Certificate of Appropriateness if
it is determined that demolition, removal, or substantial alteration of a Historic
Resource is immediately necessary to protect the public health, safety, or welfare.
C. Alterations that Require Review.
All proposed alterations or repairs to a designated Historic Resource that are not
listed in paragraph [X] (Alterations or Repairs that are Exempt from Review), must
receive a Certificate of No Effect from the Community Development Director, or a
Certificate of Appropriateness as recommended by the Commission and approved
by the City Council prior to the commencement of any work.
D. Criteria and Procedure for Issuance of a Certificate of No Effect.
The Community Development Director shall issue a Certificate of no Effect if all of
the following findings are made:
a) The work is minor and clearly meets applicable City design guidelines and
the Secretary of the Interior's Standards for Rehabilitation; and
b) The proposed work will not diminish, eliminate or adversely affect the
character of the Historic Resource; and
c) Any modifications to the proposed work requested by the City are agreed to
by the applicant.
No changes shall be made to the approved plans for which a Certificate of No Effect
was issued without resubmitting to the Community Development Director for
approval of the changes.
If the Community Development Director determines that the proposed work is not
eligible for a Certificate of No Effect, then the applicant must apply for and obtain a
Certificate of Appropriateness.
E. Criteria and Procedure for Issuance of a Certificate of Appropriateness.
The review and decision on the issuance of a Certificate of Appropriateness made
upon recommendation of the Commission and approval by the City Council.
Community Development staff, with approval from the Community Development
Director, shall review the application and detailed information (plans, drawings,
agreements) as necessary to describe the intended work, deem it complete, and
then schedule the item for consideration by the Planning Commission.
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The Commission shall recommend approval a Certificate of Appropriateness to the
City Council based on the following findings:
a) The proposed work is found to be consistent with applicable Design
Guidelines adopted by the City Counci J1 3
b) In the absence of applicable design guidelines, the proposed work is found to
be consistent with the Secretary of the Interior's Standards for
Rehabilitation;
c) Any designated Historic Landmark may, upon request of the applicant for a
certificate of appropriateness, be subject to the provisions of the California
Historical Building Code if the work is required to comply with the Secretary
on the Interior's Standards.
d) The California Historical Building Code may also apply to Potential Historic
Resources if the City Council determines that the property qualifies for a
historic designation.
Subsequent to a regularly scheduled meeting, the Commission shall make findings to
recommend approval, approve with modifications and/or conditions, denial, or
continuance of the application with specific direction for additional information
needed to make a recommendation to the City Council. The City Council shall make
the final determination. In the instance of demolition of a Historic Resource, a
hearing before the Commission is required.
A Certificate of Appropriateness shall expire one (1) year from the date of issuance
unless work is started within that time. No changes shall be made to the approved
plans after the issuance of a Certificate of Appropriateness without resubmittal and
determination of the necessary approval process for the proposed changes.
F. Process for Revocation of Certificate of Appropriateness.
Revocation proceedings may be initiated upon a motion by the Commission or the
City Council. Once revocation proceedings have been initiated, all work being done
in reliance upon such certificate or associated permits shall be immediately
suspended until a final determination is made regarding the revocation. The
decision to revoke a Certificate of Appropriateness shall be made by the City Council
with a recommendation from the Commission following a noticed public hearing, A
Certificate of Appropriateness may be revoked or modified for any of the following
reasons:
13 The City may wish to adopt design guidelines that are specific to historic resources. Otherwise, the
City may adopt the Secretary of the Interior's Standards for Rehabilitation for use as the City's
design guidelines.
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a) Noncompliance with any terms or conditions of the Certificate of
Appropriateness;
b) Noncompliance with any provisions of this chapter; or
c) A finding of fraud or misrepresentation used in the process of obtaining the
Certificate of Appropriateness.
SECTION#-Demolition ofDesi~:nated Historic Resources.14
A. Process for Demolition of a Historic Resource.
17
No person shall demolish any building or structure until a permit has been issued by
the building official in accordance with the provisions set forth in Municipal Code
Chapter [XXX].
Upon receipt of an application for a permit to demolish a building or structure, the
building official shall forward the application to the Community Development
Department. The Community Development Department shall determine if the
building or structure is a designated Historic Resource.
B. Process for Issuance of a Demolition Permit for a Designated Historic
Resource.
If a building or structure proposed for demolition is a designated Historic Resource,
the Commission shall make a recommendation to the City Council, who shall make
the final determination. The City Council may require a six month continuance in
consideration of the demolition permit request with an option to extend the
continuance for an additional six month period should that become necessary. The
purpose of the continuance, and the possible extension, is to provide adequate time
to investigate alternatives to demolition.
The building or structure shall not be demolished unless the City Council, with a
recommendation from the Commission, makes one or more of the following
findings :
1) There is sufficient evidence, including evidence provided by the applicant,
that the property retains no reasonable economic use, taking into account the
condition of the structure, its location, the current market value, and the
14 The C it y s hou ld determine if th ere will be se parate pro vis ion s fo r th e re lo cat ion of his to ric resources.
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18
costs of rehabilitation to meet the requirements of the building code or other
City, state or federal law;
2) That the Demolition of the structure is necessary to proceed with a Project
consistent with and supportive of identified goals and objectives of the
General Plan, and the demolition of the structure will not have a significant
effect on the achievement of the purposes of this division or the potential
effect is outweighed by the benefits of the new Project;
3) In the case of an application for a permit to relocate, that the structure may
be moved without destroying its historic or architectural integrity and
importance; or,
4) That the demolition of the structure is necessary to protect or to promote the
health, safety or welfare of the citizens of the City, including the need to
eliminate or avoid blight or nuisance.
Upon completion of appropriate environmental review, and upon making the
determination that there are no feasible alternatives to demolition, the City Council
may direct the Building Official to issue the demolition permit.
SECTION #-CEOA Review for Undesignated Properties.
Prior to the issuance of a permit pursuant to [CODE CITATION] for the demolition,
alteration or relocation of any building, structure or object that is not designated as
a Historic Landmark, contributor to a Historic District, or Point of Interest; or is not
listed in the Historic Resources Inventory, the Community Development Director,
within thirty (30) days of receipt of the permit request, shall determine whether the
building, structure or object has potential historic significance based upon the
appropriate designation criteria in this ordinance. If the Community Development
Director determines that such potential exists, the building, structure or object shall
not be demolished, altered or relocated unless and until an environmental
assessment is completed pursuant to the provisions of the California Environmental
Quality Act (CEQA). This will entail the preparation of an Initial Study to determine
whether an environmental impact report or a negative declaration must be
prepared by the City in conjunction with any such demolition. The cost of
conducting this environmental assessment shall be borne entirely by the applicant
for the permit.
If an environmental impact report is completed and it determines that demolition,
alteration or relocation of the building, structure or object would have a significant
effect on the environment, the structure shall not be demolished, altered or
relocated unless the City Council, pursuant to the procedure for approval of a
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hardship waiver, and subsequent to a recommendation by the Commission, makes
at least one of the following findings:
19
a) Based upon sufficient evidence, including evidence provided by the applicant,
the property retains no reasonable economic use, taking into account its
condition, location, current market value, and costs of rehabilitation to meet
the requirements of the building code or other City, state or federal law; or
b) That the demolition, alteration or relocation of the building, structure or
object is necessary to proceed with a project cons istent with and supportive
of identified goals and objectives of the General Plan, and that it will not have
a significant effect on the achievement of the purposes of this division, or the
potential effect is outweighed by the benefits of the new project; or
c) In the case of an application for a permit for relocation, that the building
structure or object may be moved without substantially diminishing its
integrity and significance; or
d) That the demolition, alteration or relocation of the building, structure or
object is necessary to protect or to promote the health, safety or welfare of
the citizens of the City, including the need to eliminate or avoid blight or
nuisance.
SECTION # -Review of Projects Affectine City-Owned Historic Resources.
The Commission shall review major projects affe cting City-owned, Historic
Resources and Potential Historic Resources, including changes to public and semi-
public interior spaces, and forward its recommendation on these projects for
approval by the City Council.
SECTION # -Preservation Incentives.
In addition to any other incentive of federal or state law, the Owner of a designated
Historic Landmark may apply for the following:l S
a)-Use ofthe California Historic Building Code. Whenever applicable, the
Owner may elect to use the California Historic Building Code for alterations,
restorations, new construction, removal, relocation, or demolition of a
designated Historic Landmark or contributing resource to a designated
Historic District, in any case which the building official determines that such
15 The City s hould determine if it will make financial incentives available to owners of Points of
Interest, or owners of properties within Hi storic Districts or Conservation Areas.
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20
use of the code does not endanger the public health or safety, and such action
is necessary for the continued preservation of the resource. Such use of the
Code is subject to construction work undertaken for resources pursuant to
the Secretary of the Interior's Standards, and that has already been reviewed
and approved by the Commission and/or City Council in conjunction with a
Certificate of Appropriateness.
b) Parking Requirement Reduction. Addition of floor area to a designated
Histor ic Landmark or a contributing resource to a designated Historic
District of up to twenty-five (25) percent shall be exempt from the City's
standard parking requirements if such addition is determined by the
Community Development Director to preserve or enhance the character-
defining features of the resource.16
c) Fee Waivers. Building permit fees (excluding fees covering structural plan
check, school fees and associated costs) shall be waived for construction
work that is determined by the Community Development Director to
preserve or enhance the character-defining features of a designated Historic
Landmark or contributing resources to a Historic District. 17
d) Change of Use. The City will encourage compatible Adaptive Reuse of
designated Historic Landmarks or contributing resources to a designated
Historic District.
e) Technical Assistance. The City will provide technical advice and assistance
to the Owners of a designated Historic Landmark or a contributing resource
to a designated Historic District regarding grants, and state and federal
preservation incentives for historic resources.
f) Mills Act Historic Property Contracts. This paragraph will implement State
law (Gove rnment Code 50280-50290), allowing the approval of Historic
Property Contracts by establishing a uniform procedure for the owners of
qualified historic properties within the City to enter into contracts with the
City.18
SECTION # -Economic Hardship.
A. Purpose.
The purpose of this section is to address circumstances in which the applicant for a
proposed project to demolish, alter or relocate, in whole or in part, a Historic
Resource, or as serts that full compliance with all of the requirements of this
16 The City should determine if it will have different standards for residential and commercial
properties.
17 The City should determine if it will institute a fee reduction, rather than a complete waiver.
18 Jf the City decides to pursue the Mills Act program, the ordinance would need to include the
com Jete language for its implementation. The City
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ordinance create an undue economic hardship, or is infeasible for other specific
reasons. Under such circumstances, a project feasibility assessment shall be
required to determine the nature and extent of the economic or other hardship, and
to assess the impact of the proposed project on the Historic Resource.
B. Criteria for Approval of a Hardship Waiver.
a) For an income-producing property that is a Historic Resource, the basis for
approval of a hardship waiver shall be that a reasonable rate of return cannot
be obtained from the property in its present condition or if rehabilitated.1 9
b) For a non-income producing property that is a Historic Resource, the basis
for the approval of a hardship waiver shall be that the property no longer
provides beneficial public, private or institutional benefit to the community,
and that the proposed project will not have a significant adverse impact on
the community's Historic Resources. Non-income producing properties shall
consist of owner-occupied dwellings or properties owned by institutional,
non-profit organizations, or public entities.
The following circumstances shall not be considered as part of the feasibility
assessment:
a) Willful or negligent acts by the property owners, occupants, or managers;
b) Purchase of the property for substantially more than market value;
c) Failure to perform ordinary maintenance and repairs;
d) Failure to diligently solicit and retain tenants; or
e) Failure to provide normal tenant improvements.
C. Procedures for Approval of a Hardship Waiver.
The applicant shall complete the application provided by the Community
Development Director, include all information required, and pay any required fee .zo
The property owner seeking a project approval under a hardship waiver must
provide information as necessary to support the application for a hardship
determination. The City shall maintain a written policy statement identifying the
types of submittal materials required for the consideration of a hardship waiver.
Different submittal materials may be required depending upon the property's use
and circumstances. Necessary studies, evaluations and the compilation of required
information shall be provided at the applicant's own expense.
19 Th e City s hould determine whether it will be the City Council's di scretion to decide w hat
co nstitutes a "reasonab le " rate of r eturn.
zo The City s ho uld determine what fee, if any, will be assessed in order to ap ly for a hards hip waiver.
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22
Upon receiving an application for a Hardship Waiver, the Community Development
Director shall provide a written response describing the submittal materials
required to consider the request pursuant to the following procedure:
a) Upon receipt of an application and required submittal materials, the
Community Development Director shall determine its completeness. If the
Director determines that the application is not complete, the applicant will
be notified in writing as to the deficiencies. The Community Development
Director will take no further steps to process the application until the
deficiencies have been remedied.
b) Upon receipt of a completed application, the Community Development
Director shall conduct an evaluation of the proposed designation and shall
make a recommendation to the Commission as to whether a hardship waiver
is justified for the proposed project. The Commission shall hold a public
hearing to consider whether a hardship waiver is justified for the proposed
project. If the proposed project is to demolish, in whole or in part, a Historic
Resource, all property owners within 500 feet of the project location shall be
notified at least ten (10) days prior to the meeting.
c) If the Commission determines that a hardship waiver is not justified for the
proposed project, the project applicant and all owners of the subject
property shall be notified of such determination, and the process shall
terminate; except that any person may appeal the decision to the City Council
within ten (10) days of the Commission's determination.
d) If the Commission determines that a hardship waiver for the proposed
project is justified, or justified with modifications and/or conditions, the
Community Development Director shall schedule the matter for
consideration by the City Council and submit a written report to the City
Council incorporating the Commission's recommendation and its reasons in
support of the proposed hardship waiver. If the proposed project is to
demolish, in whole or in part, a Historic Resource, all property owners within
500 feet of the project location shall be notified at least ten (10) days prior to
the meeting.
e) If the City Council approves, or approves with modifications and/or
conditions, a hardship waiver for a proposed project, it shall make findings in
writing subject to the requirements of California Environmental Quality Act.
If a Hardship Waiver is approved for a project to demolish, in whole or in part, a
Historic Resource, the project applicant may be required to take measures including,
but not limited to, the following prior to any demolition:
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a) Document all site, buildings, structures or objects that are to be demolished,
using the Historic American Buildings Survey and/or the Historic American
Engineering Record standards when determined to be applicable by the
Community Development Director; and
b) Salvage building materials, architectural elements or other features deemed
valuable for other preservation activities within the City .
SECTION # -Maintenance and Enforcement.21
A. Purpose.
The purpose of this section is to preserve and protect historic, cultural, and natural
resources which are of special historic or aesthetic character or interest and to
prevent the need for demolition or destruction due to neglect.
B. Maintenance Requirements.
Buildings or structures shall be maintained in the following manner:
a) The structure shall be maintained in Good Repair.
b) The structure shall be maintained in watertight condition to preclude decay
problems caused by water. Deteriorated, insufficient, or ineffective
waterproofing of exterior walls, roofs, foundations, floors, windows, or doors
shall be promptly addressed to prevent further decay, deterioration, or
possibility of injury to the public and/or the property.
c) The fas:ade shall be properly maintained through repair, paint, or any
necessary treatment, so as to prevent decay, water or moisture intrusion,
damage to the structure, andjor injury to the public. Defective or insufficient
weather protection for exterior treatments and facades, including lack of
paint or protective covering shall be promptly addressed, and repaired or
stabilized to prevent further decay, deterioration, and possibility of injury to
members of the public and/or property.
d) Roof, foundation, and structure shall be maintained through proper
treatment and repair to prevent decay, demolition by neglect, loss of historic
materials and features, damage to the structure, andjor injury to the public.
Defective materials or deterioration which may cause any or all portions of
roofs, foundations, walls, or other structural members to deteriorate shall be
21 The City will need to determine appropriate maintenance J;"equirements and penalties for
alteration or demolition of historic structures. Some preservation ordinances are silent on
maintenance issues, as these issues may be addressed in other parts of the zoning code. Monetary
fees could also be imposed in addition to or instead of the penalties outlined here.
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promptly addressed, and repaired or stabilized to prevent further decay,
deterioration, loss of historic fabric, and possibility of injury to members of
the public and/or property.
24
e) Buildings elements such as cornices, chimneys, etc. shall be properly
maintained to prevent decay, demolition by neglect, loss of historic fabric,
and possibility of injury. Deteriorated or defective building elements shall be
promptly addressed, and repaired or stabilized to prevent further decay,
deterioration, loss of historic fabric, and possibility of injury to members of
the public and/or property.
C. Failure to Meet the Maintenance Requirements.
In addition to any other penalty authorized by law, failure to maintain a designated
Historic Landmark or Contributor to a Historic District as specified shall constitute a
public nuisance resulting in the issuance of an order that the Owner perform the
maintenance necessary to comply with this section. Any failure to comply with such
an order shall entitle the City to cause the maintenance to be performed at the
Owner's expense and in addition to the penalties provided by this code for violation
thereof, such cost may be recovered of such Owner or occupant by civil action in any
court of competent jurisdiction. In addition, any such costs shall become a lien
against the property.
D. Penalty for Demolition without a Certificate of Appropriateness or a
Demolition Permit.
a) Designated Historic Resource. If a designated Historic Landmark is
demolished without a Certificate of Appropriateness as required by this
Chapter or a Demolition Permit, and is not restored or reconstructed as
required by [SUBSECTION X], 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 ten (10) years.zz
b) Potential or Eligible Historic Resource. If a Potential Historic Resource or any
other building, structure or object that is eligible for designation as a Historic
Resource is demolished without a Certificate of Appropriateness as required
by this Chapter or a Demolition Permit, and is not restored or reconstructed
as required by [SUBSECTION X], no building or construction-related permits
shall be issued for a period of five (5) years.z3
c) All Other Structures. If a building, structure or object that is not a designated
Historic Resource or Potential Historic Resource, and is not eligible for
22 The City should determine the Qeriod oftime during which no construction-related permits will be
issued.
23 The City should determine if similar penalties will be applied to undesignated historic resources.
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designation as a Historic Resource, is demolished without a Certificate of
Appropriateness as required by this Chapter or a Demolition Permit, no
building or construction-related permits shall be issued for a period of
twelve (12) months. This penalty applies solely to illegal demolition of
primary structures on a site and does not apply to accessory structures.
25
In addition to any other penalty authorized by Jaw, failure to maintain a Historic
Resource as specified shall constitute a public nuisance resulting in the issuance of
an order that the owner perform the maintenance necessary to comply with this
section. Any failure to comply with such an order shall entitle the City to cause the
maintenance to be performed at the owner's expense and in addition to the
penalties provided by this code for violation thereof, such cost may be recovered of
such owner or occupant by civil action in any court of competent jurisdiction. In
addition, any such costs shall become a lien against the property.
E. Procedure for Applying Penalties.
a) For purposes of this Section, the demolition shall be presumed to have
occurred on the date the City has actual knowledge of the demolition. The
owner shall have the burden of proving a different date if one is claimed.
b) The Community Development Director shall provide notice by certified mail
of the applicability of this section to the property owner and any other
person known to have an interest in the property, as soon as practicable after
having knowledge that the provisions of this Section are applicable to the
subject property. The date the City first had actual knowledge of the
demolition shall be stated in the notice.
c) The Community Development Director's decision may be appealed to the
Planning Commission.
d) The Planning Commission may grant relief from the requirements of this
section if the following findings are made:
1) If the violation of this section did not involve a Historic Resource; or
2) If it finds that the new construction serves an overriding public
benefit and will not be detrimental or injurious to property or
improvements in the vicinity of the project site, or to the public health,
safety, or general welfare.
The applicant and/or property owner may appeal the decision of the Planning
Commission to the City Council.
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The City Council shall consider the appeal at a public hearing noticed and conducted
in accordance with [CODE CITATION]. The City Council's action on the appeal shall
be final.
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Draft Historic Preservation Ordinance
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