SR-10-A (29)
IO_-1J
SMl ~ O2 '~8o.
C/ED:PB:SF:AS
PC/LCRPT
Council Mtg: 9/25/90
Santa Monica, California
TO:
Mayor and City Council
FROM:
City Staff
SUBJECT: Landmarks Commission I s Report on Potential Landmarks
Ordinance Revisions and Incentives for Historic
Preservation.
INTRODUCTION
This report recommends a series of revisions to the City's
Landmarks Ordinance and Demolition Ordinance as well as discusses
a variety of incentives to encourage the preservation of historic
resources in Santa Monica.
The Landmarks Commission began the
process of addressing revisions to the Landmarks ordinance by
appointing a subcommittee of three Landmarks commissioners and
one former Commissioner to prepare recommendations for the full
Commission's review.
Over the last 12 months the Landmarks
commission
has
reviewed
and
conceptually
approved
the
recommendations and requested that they be forwarded to the City
Council for consideration.
In addition, Planning staff has
prepared a series of recommendations to clarify certain
technical processing aspects of historic district applications.
These issues surfaced during the processing of the Third Street
Neighborhood Historic District application.
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/0-f1
SEP 2;) 1990
OCT 2 1990
BACKGROUND
In 1989, the Landmarks Commission established a subcommittee on
the issue of ordinance revisions in order to address a number of
problems experienced by the Commission. The Commission has been
concerned regarding the ordinance's effectiveness in protecting
landmarks, the criteria used to designate landmarks, problematic
procedures in both the Landmarks and Demolition Ordinances, and
the need to develop a variety of incentives to encourage property
owners to protect their historic structures through landmark
designation.
Through the assistance of city staff, the subcommittee has
studied ordinances, draft ordinances, and preservation plans of
other California communities such as Santa Barbara, Pasadena,
West Hollywood, and Redlands as well as model ordinances from the
state Office of Historic Preservation. In formulating these
recommendations the subcommittee considered both concerns raised
by the Commission in their review of landmark applications, as
well as the concerns expressed by the community regarding issues
of neighborhood preservation.
RECOMMENDED ORDINANCE REVISIONS
1. Combine Landmark and Historic District criteria
Problem: Currently the historic district criteria is broadly
defined. Combining the historic district criteria with
the carefully defined landmark designation criteria
will make the analysis of what does or does not qualify
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as a historic district less vague
applications.
for
future
Revision: Merge criteria for individual landmarks and historic
districts. The fOllowing statement would be added to
section 9607 of the Landmarks ordinance and section
9609 would be eliminated.
"The Landmarks Commission may approve the landmark
designation of a structure, improvement, natural
feature or obj ect or recommend to City council the
approval of an area for designation as a historic
district if it finds that the structure, improvement,
natural feature, object or area meets the following
criteria."
Justification: This would clarify and simplify key issues that
must be evaluated on to make a determination regarding
an individual structure or an area's merit as a
landmark or district.
This method is used by the state Office of Historic
Preservation (OHP) in their Model Ordinance and by the
City of West Hollywood.
2. Add New Criteria to Existing Designation Criteria
Problem: Need for criteria that address issues such as community
planning development trends, uniqueness and thematic
districts.
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Revision: Expand designation criteria. The following additional
criteria would be added as sections 9607 (E) I (F), and
(G) of the Landmarks Ordinance.
1. It contributes to the significance of an historic
area, being a non-contiguous grouping of
thematically related properties or a definable
area possessing a concentration of historic,
scenic, or thematic sites, and which contribute
to each other and are unified aesthetically, by
plan, physical development, or architectural
quality.
2. It reflects significant geographical patterns,
including those associated with different eras of
settlement and growth, particular transportation
modes, or distinctive examples of park or
community planning.
3. It has a unique location, singular physical
characteristic or is an established and familiar
visual feature of a neighborhood, community or
the city.
Justification: These findings are recommended in the OHP Model
Ordinance and were included in the West Hollywood
ordinance. Finding 1 has been modified to address the
issue of a district composed of non-contiguous sites.
criteria such as these broaden the scope of
preservation efforts in the City, creating the ability
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to recognize and protect a wider range of sites and
areas. In addition, these criteria will enable the
Commission to be more specific in the findings
supporting a landmark or historic district designation.
3. Refinement of Existing Landmark Designation Criterion
Problem: Inability to recognize structures that are significant
as unique examples of an architectural or historical
type.
Revision: Section 9607 (D) of the Landmarks Ordinance would be
clarified to address issues of innovation and unique,
one of a kind, structures.
Existing Criterion D:
UIt embodies distinguishing architectural
characteristics valuable to a study of a period, style,
method of construction, or the use of indigenous
material or craftsmenship.1f
Proposed Revision of criterion D:
lilt embodies distinguishing architectural
characteristics valuable to a study of a period, style,
method of construction, or the use of indigenous
material or craftsmanship, or is a unique or rare
example of an architectural design, detail or
historical type valuable to such a study."
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Justification: Modification of this existing criterion stresses
the importance of structures that are unique. or the
last remaining examples of a type. The ability to
designate landmarks based on these issues is important
because a structure's significance increases as it
ages, when there are fewer examples of its type, or if
it demonstrates unique, unusual qualities which cannot
always be defined as distinguishing architectural
design.
4. Thematic Districts
Problem: Inability to recognize types of structures with a
common theme that are located on scattered parcels as
historic districts.
Revision: Change
Section
sites.
the
9602
historic district
to specifically
definition stated in
include non-contiguous
Justification: This is a simple change to the ordinance that
would allow a thematic district if a scattered grouping
of structures met the significance criteria. The
National Register of Historic Places permits the
designation of multiple properties based on a related
theme rather than solely geographic boundaries.
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5. Cultural Resource sites
Problem: Inability to recognize structures that contribute to
the cultural identity of the City but are not
sufficiently distinguished to merit landmark or
district designation.
Revision: Adopt a new designation to recognize structures of
secondary architectural or historic merit.
Justification: This type of designation is essentially to
increase public awareness of preservation issues and to
give structures or sites that merit recognition under this
category limited protection from demolition. Demolition
of Cultural Resource sites could be stayed for 180 days
which could then be extended for an additional 180 days.
This time could be used to work with the property owner
and other interested parties in an effort to maintain the
property on site or relocate it within the city. cities
such as Santa Barbara, Riverside, and Davis have similar
designations.
6. Recordation of Landmarks and Historic Districts
Problem: Need to improve public knowledge, particularly in the
realty community, of structures that are designated as
landmarks or included in a historic district.
Revision: Record all designated landmarks and structures within
historic districts with the County Recorder.
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Justification: This would insure that potential buyers of City
landmarks would be aware of the property's status.
7. Maintenance Requirements
Problem: Need to clarify for owners of landmarks the meaning of
good maintenance and repair.
Revision: Strengthen the requirements for maintenance and repair
of City landmarks and structures within historic
districts.
Justification: Specifying in the ordinance the type of
maintenance an owner must perform, including securing
the property from vandals and complying with building
code regulations, protects landmarks from demolitions
by neglect as well as notifies property owners of their
responsibilities.
8. ~econsideration of Applications
Problem: The pace of development in the city can quickly alter
the composition of structures with potential landmark
significance. Buildings previously denied designation
may gain significance if similar buildings are
demolished leaving fewer examples of its type in the
city. In addition, the evaluation of a building can
change if a better, more thoroughly researched
application is submitted for review.
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Revision: Amend the time limit for reconsidering disapproved
applications for landmarks and historic districts by
allowing the commission to waive the five year limit if
new information is available.
Justification: The ordinance currently requires a five year
delay before a landmark application can be
reconsidered. During the same amount of time, a
development project could be processedl approved, and
constructed. This creates the possibility that a
building, previously denied designation, could gain
significance in less than five years. The Landmarks
Commission should have the opportunity to reevaluate
their decisions to insure that structures are not
demolished due to the Commission's inability to act.
In addition, if substantial new information is
presented to the Commission on a potential significant
structure they should have the ability to reopen the
application process at any time. Therefore, the five
year time limit could be waived by the Commission if
substantial new information is presented, or if it is
determined that a building has gained significance due
to the demolition of other, similar, structures.
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9. Required Commission positions
Problem: Maintain the Commission's credibility in evaluating
issues of architectural history.
Revision: Increase the number of "required"
Landmarks Commission to include
Architectural Historian.
posi tions on the
the category of
Justification: An Architectural Historian's expertise is
essential when evaluating if a potential landmark is
representative of the City's architectural history, of
the work of a noted architect, or embodies
distinguishing architectural characteristics from a
particular era.
10. Public Notification
Problem: currently, the ordinance only requires that property
owners be notified of public hearings on landmark
designation, historic district designation, certificate
of appropriateness applications and certificate of
economic hardship applications.
Revision: Require that notification of public hearings on
landmark issues be sent to both property owners and
residents within the specified radius.
Justification: Although staff administratively requires
notification of residents, to insure
public
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participation, the ordinance should be amended to
include all residents within the mandated radius.
11. Automatic Approval provision
Problem: The intent of the certificate of Appropriateness
application is to protect landmarks and to insure that
additions and alterations are compatible with the
historic building. Therefore, the burden should not be
on the Landmarks Commission to render decisions on
these applications in a time not to exceed 90 days.
Revision: Eliminate the automatic approval provision of
certificate of Appropriateness applications.
Justification: If the Landmarks Commission is unable to render a
decision on a certificate of Appropriateness
application after one 45 day continuance, the
commission believes that the application should not be
automatically approved, but rather denied without
prejudice, enabling the applicant to refile the request
at any time.
staff has concerns with a procedure that would
automatically deny an application because the City has not
been able to take action on the application wi thin a
specified time. Therefore, staff recommends that the
applications comply with the same regulations as other
development permits in the City and be subj ect to the
requirements of the state Permit streamlining Act. This
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requires that proj ects without environmental review be
acted upon within six months, and projects subject to
environmental review be acted upon within one year.
12. Building Interiors
Problem: Potential need to protect significant building
interiors that are routinely open and accessible to the
pUblic.
Revision: Include significant interiors in landmark designations.
Justification: Significant interiors would be incorporated into
the landmark designation of a structure only if the
interior were routinely open to the public. Although
it is not anticipated that such a provision could be
used frequently, a broadening of the Commission's
powers to include interiors would insure the protection
of significant public spaces.
Staff Comment: staff is concerned that this provision should
only apply to specific portions of the interiors of
public buildings under publ i c ownership. staff
recommends that this application be limited to the
lobby of City Hall and the pier Carousel ground floor.
13. Permit Definition
Problem: Once the Landmarks commission determines that an
application for landmark or historic district
designation merits formal consideration the issuance of
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C. A quorum of the Comm1ssion shall be defined as flve votlng members.
D. The Comm1 551 on shall develop and adopt its own operati n9 rul es and
bylaws, thereafter havlng the power and authorlty to perform all of the duties
hereinafter enumerated and provlded.
E. The inlt1al appointment of the members of t~e Commission shall be as
follows: two for one year. two for two years, and three for three years.
Thereafter, appolntments shall be made for a three-year term.
F. Any vacancy in the off1ce of any member of the Commiss1on shall be
f1lled 1n 1 ike manner for the unexpired term of such office. As t~e term of
any member of the Commission exp1res, his successor shall be appointed in l1ke
manner as such member.
6. PO'rJERS AND DUTIES
The Commlss1on shall have the following powers and duties:
A. Adopt procedural rules for the conduct of ltS business 1n accordance
w1th the provlS1ons of this chapter.
B. Establish criteria and conduct or cause to be conducted a
comprehenslve survey 1n conformance with state survey standards and
of cultural her1tage resources with1n the boundarles of the City.
and per1od1cally update the survey results.
gUldelines
Publ i ClIe
C. Recommend in accordance W1 th the cri terl a set forth In Sectlon 7 the ~
designat10n of cultural heritage resources inc1ud1ng indiv1dual propert1es,
landmark sltes. conservation zones, and histor1c distr1cts.
D. Ma1ntain a local reg1ster of cultural heritage resources consistent
wlth the Nat10nal Register of H1storlC Places cr1teria 1ncludlng ~lstoric
dlstr1cts, landmark sltes, and landmarks within the Clty lncludlng all
informat1on requ1red for each designatlon.
E. Rev1ew and comment upon the conduct of land use, houslng and
redevelopme~t. mun1clpal improvement, and other types of plannIng and progra~s
undertaken by any agency of the Clty. the County. or State. as they relate to
the survey results and cultural heritage resources of the community.
F. Adopt prescr1ptive standards to be used by the COQmlSS10n 1n
reviewlng appl1cat10ns for permlts to construct. change, ~ter, modlfy,
remodel, remove, or signiflcantly affect any cultural resource.
G. Conduct negoti ati ons on behal f of the C1 ty Councll regardi ng
recommendatlons for the purchase by the City of fee or less-than-fee lnterests
1n property. transfer of development r1ghts, easements, or other mechanisms
for purposes of cultural herltage resources prevention.
H. Investigate and make recommendat10ns to the City Council on the use
of var10US federal, state, local, or prlvate fund1ng sources and mechanlsms
avalla~e to promote cultural resource preservat10n 1n the C1ty.
5
Revision: Clarify the timelines specified in Sections 96l0(G) and
(H) of the Landmarks Ordinance regarding the scheduling
of a public hearing before the City council on a
historic district application.
Justification: Although the City Council may extend by motion
the time periods for the processing of landmark or
historic district designation applications, staff
believes that the Landmarks Ordinance should be more
specific as to the commencement of these timelines.
Demolition Ordinance Revisions
1. 30 Day Landmarks Commission Review Period
Problem: The current 30 day delay for review of demolition
permits is not sufficient time for the Commission to
review and take action on a demolition permit and could
result in the loss of significant cultural resources.
Revision: Amend the existing Demolition Ordinance to allow the
Landmarks Commission 60 days to review demolition
permits.
Justification: An additional 30 days to review demolition
permits would insure that permits filed a few days prior
to the Landmarks Commission I s regular meeting are
adequately reviewed. A longer review period also provides
the Commission with the time to research structures with
potential landmark merit.
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2. Pre-1930 Rule
Problem: This issue addresses the age of the structures that are
reviewed automatically by the Landmarks commission
prior to approval of a demolition permit. The current
pre-1930 rule ignores the fact that buildings gain
significance as they grow older and fewer examples of a
type remain.
Revision: Amend the existing Demolition Ordinance to require that
the demolition of structures older than 50 years be
reviewed by the commission rather than just buildings
constructed prior to 1930.
Justification: The 50 years or older rule is a simple, commonly
used standard that recognizes the relationship between
the progression of time, history, and preservation. In
addition, a rotating time line eliminates the need to
revise the ordinance in the future. The Landmarks
Ordinance also does not have an age eligibility
requirement, therefore, an overly restrictive age
cutoff in the Demolition Ordinance is inconsistent,
particularly since this cutoff date is useful primarily
as an administrative convenience. Further, the
National Register uses this 50 years or older standard
in determining a property I s routine eligibility for
designation. It is important to note that the National
Register does permit buildings of less than 50 years to
be designated, however, a higher evaluation standard is
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used.
Preservation Incentives
The following is a list of incentives that could be adopted to
encourage property owners to designate their sites and structures
landmarks. While the City's Historic Resources Inventory has
identified many sites and structures as potential local
landmarks, Santa Monica only has 18 extant landmarks. Although
owner consent is not required by the ordinance, owner cooperation
is highly desirable. Therefore, in exchange for preserving
significant structures and in order to encourage property owners
to designate their buildings landmarks to increase the number of
landmarks and historic districts in the city, a variety of
preservation incentives should be considered.
1. Reduction in Building Permit Fees
Building permit fees for preservation work for
designated landmarks or structures within historic
districts would be reduced. For example, landmarks
could receive a 50% reduction from the standard fee
amount.
2. Reduction in certificate of Appropriateness Fees
Application fees for Certificate of Appropriateness
applications would be adjusted based on the nature of
the work being proposed. Higher fees could be imposed
on maj or proj ects such as a building relocation or
complete building restoration, while fees for small
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projects or alterations could be eliminated.
cities, such as Los Angeles, pasadena, and
Hollywood, have no fees for Certificate
Appropriateness applications.
Many
West
of
3. Architectural Review Board
Currently, alterations to City landmarks not located in
the R-I zoning district are subject to a two tiered
design review process. First, property owners must
obtain the Landmarks Commission's approval of the
Certificate of Appropriateness application. This
process requires a public hearing and public
notification. Following this approval, the project
design must be approved by the Architectural Review
Board. Given that the composition of the Landmarks
Commission and the Architectural Review Board is
similar and that the Landmarks commission also pays
particular attention to the issues of historic
integrity and compatibility, eliminating the
Architectural Review Board requirement would be cost
and time efficient for both the applicant and city
staff.
4. streetscape Improvements
Neighborhoods designated as historic districts could
become priority areas for undergrounding of utility
lines, or for receiving new street lights and signage
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that is in keeping with the character of the historic
area.
5. zoning Incentives.
consider reducing parking requirements and allowing
minor setback variances to facilitate the construction
of small additions to existing structures and
Conditional Use Permits to encourage the adaptive reuse
of historic structures.
6. Reactivate Funding for a Plaque Program.
In recognition of the historic designation, city
landmarks and areas designated as historic districts
are be eligible to receive plaques from the City. The
program is existing but has not been funded for many
years. The language on the plaques would be sUbject to
the approval of the Landmarks commission, pursuant to
Municipal Code Section 9605(F).
7. Mills Act.
The Mills Act is a State law that enables the owner of
a qualified historic building to enter into a contract
with the city and receive property tax relief in
exchange for preserving, maintaining, or to restoring
the historic structure, if necessary. A qualified
historic building is defined as "a privately owned
property which is not exempt from property taxationU
and is either listed on the National Register of
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Historic Places or is listed in a local register of
historically or architecturally significant sites,
places, or landmarks. The contract requires the County
Tax Assessor to re-evaluate the property using a
capitalization of income method rather than market
value.
The result is a substantial reduction in
property taxes for post-Proposition 13 properties. The
City of Rancho Cucamonga has recently implemented the
Mills Act.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impact. However, should the Council decide to
amend the Landmarks Ordinance to reduce permit fees, an analysis
will be conducted to determine the financial impact that will
occur.
RECOMlJIENDATION
It is respectfully recommended that the Council direct the city
Attorney's office to prepare revisions to the Landmarks Ordinance
as recommended by staff in this report and to direct Planning
staff to prepare a report outlining the specific components of
the recommended preservation incentives.
Prepared by: Paul Berlant, Director of Planning
Suzanne Frick, Principal Planner
Amanda Schachter, Associate Planner
Planning Division
Community and Economic Development Department
Attachments:
A. state Office of Historic Preservation Model
Historic Preservation Ordinance.
B. Mills Act
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AS
PC/LCRPT
09/18/90
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STATE OF CALIFORNIA - THE RESOURCES AGENCY
GEORGE DEUKMEJIAN, Governor
OFFICE OF HISTORIC PRESERVATION
DEPARTMENT OF PARKS AND RECREATION
POST OFFICE SOX 942896
SACRAMENTO. CALIFORNIA 94:<:96-0001
(9161 445-8006
A-\\a-Lh~~t A
Q~" ~.
'~ "
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MODEL
HISTORIC PRESERVATION ORDINANCE
CERTIFIED LOCAL GOVERNMENT PROGRAM*
INTRODUCTION
Attached is a "Model Historic Preservation Ordinance" that may be used by
local governments interested in qualifying for the federal Certified Local
Government Program as administered by the California State Office of Historic
Preservation. It m~ also serve as a model for any jurisdiction interested in
seeking an effective and reasonable means of considering preservation of its
historic properties within the context of local or regional land-use planning.
This ordinance is intended for use by cities and counties~ even though the
text refers only to cities and their administrative institutions.
Substitution of terms appropriate to the type of local jurisdiction involved
should be a relatively easy task.
Since each community is unique, this ordinance may be modified as necessary in
order to be responsive to local needs and conditions. Such modifications
should be prepared or at least examined by attorneys familiar with ordinances
and with historic preservation and land use legislation and case law.
Although modifications may be necessarYt they should not depart from the model
so radically as to jeopardize the ability of a community to qualify as a
Certified Local Government.
Draft ordinances may be submitted for review to the National Trust for
Historic Preservationt Western Regional Office, One Sutter Street~ Suite 707 t
San Francisco, CA 94104 and to the Certified Local Government Program,
California State Office of Historic Preservation, P.O. Box 942896, Sacramento,
CA 94296-0001 in connection with applications for Certified Local Government
status.
*This model ordinance may be amended without notice in response to changing
requirements of the Certified Local Government Program, legislation~ or case
1 aw.
Section l.
Section 2.
Section 3.
Section 4.
Sect lOn 5.
Section 6.
Sectlon 7.
Sectlon 8.
Section 9.
Sectlon 10.
Section II.
Section 12.
Sectlon 13.
Sectlon 14.
Sectlon 15.
Sectlon 16.
SectlOn 17 .
SectlOn 18.
MODEL
HISTORIC PRESERVATION ORDINANCE
CERTIFIED LOCAL GOVERNMENT PROGRAM
CONTEtHS
Tltle. .
a ~ . . . . . . . . . . .
Pur pose. .
Area of Applicatlon.
Definitions. . . . .
Hlstoric Preservation Commission
Powers and Duties of the Commisslon. .
Cultural Resource Deslgnation Criterla .
Cultural Resource Designation Procedures
Certlficate of Appropriateness (Permlt
Procedure and Crlterla). . . . . . . .
State HlstorlC Building Code.
Preservation Easements . . .
Transfer of Development Rlghts .
Certificate of Economlc Hardshlp .
Ap pea 1 s. . .
. . . .
Duty to Keep in Good Repair. . .
Ordlnary Malntenance and Repair. .
Enforcement and Penalties. .
Severability. . . . . . . .
Paqe
1
. . .
1
2
2
. . I' .
4
. .
5
7
8
9
. . 12
...13
.13
. . 13
. . 16
. 16
. . 16
.17
.17
HISTORIC PRESERVATION ORDINANCE
1. TITLE
This chapter shall be known as the Historic Preservatlon Ordinance by the
City of
2. PURPOS E
Whereas. the City Council of the Clty of
determined:
has
A. That the character and history of the City are reflected 1n lts
cul tural. hi stori cal, and archi tectural hen ta ge,
B. That these historical and cultural foundations should be preserved
as living parts of community life and development to build an understanding of
the C1ty'S past so that future generations may have a genuine opportunity to
apprec1ate, enJoy. and understand the rich heritage of the Clty,
C. That 1n the face of ever increasing pressures of modern1zation and
urbanlzation, C1ty landmarks. neighborhoods, and other areas of historical and
cultural interest are threatened with demolition,
D. That pursuant to the provis1ons of the National Historic
Preservatlon Act of 1966, as amended. the City of joins
with private concerns, the State of California, and the United States Congress
to develop preservation programs and activities to give maximum encouragement
to agencies and lndividuals undertaklng preservatlon of the City's unique
arch1tectural. historical, aesthetic, and cultural herltage.
E. Therefore, the purpose of this chapter 1S to promote the pu~ic
health. safetyLand general welfare and:
1. To safeguard the City's un1que cultural herltage as embodied
and reflected in the City's architectural history and patterns of cultural
develoj:XTIent;
2. To encourage and facilitate publ ic knowledge, understand1ng.
and appreclation of the City's histor1c past and unlque sense of place;
3. To foster C1V1C and nelghborhood pride and a sense of identlty
based on the recognition and use of cultural resources;
4. To promote the enjoyment, celebration, and use of cultural
resources approprl ate for the education and recreatlon of the peopl e of the
C 1 ty;
5. To preserve diverse archltectural styles, patterns of
develor;ment, and design preferences reflecting phases of the Cltyls history
and to encourage complementary contemporary des1gn and construction and
inspire a more livable urban environment;
1
6. To enhance property values and to increase economic and
flnancial beneflts to the City and its lnhabitants through the exploration of
creative financial incentives for preservation;
7. To protect and enhance the City's attractlon to tourlsts and
visitors thereby stimulatlng buslness and industry;
8. To ldentlfy as early as possible and resolve conflicts bet"/een
the preservation of cultural resources and alternative land uses;
9. To integrate the preservation of cultural resources into public
and private land use management and development processes;
10. To conserve valuable material and energy resources by ongoing
use and malntenance of the eXlsting built envlronment;
11. To stabilize neighborhoods through the preservation of cultural
resources and establ ishment of hlstoric dlstricts and conservation zones;
12. To promote public awareness of the benefits of preservatlo~;
13. To increase the economlC benefits of preservatlon of cultura1
resources to the Clty and its inhabitants; and
14. To encourage publ ic participation in ldentifYlng and preserving
historical and architectural resources thereby lncreasing communlty prlde in
the City's cultural heritage.
3. AREA OF APPLICATION
This chapter shall apply to all cultural resources wlthin the City.
4. DEFINITIONS
A. "Alteratlon" means any change or modlflcatlon, through publlC or
prlvate action, to the character-definlng or signlficant physlcal features
of properties affected by thlS chapter. Such changes may be changes to or
modlflcation of structure, architectural details, or visual characterlstics,
grading, surface paving, the addltlon of new structures, cuttlng or removal of
trees, landscaping, and other natural features~ dlsturbance of archeologlcal
sltes or areas, and the placement or removal of any signiflcant objects such
as signs, plaques, llght fixtures, street furnlture, wallsl fences, stepst
plantingsl and landscape accessories affecting the signiflcant vlsual and/or
~lstorlcal qualities of the property.
B. "Certlflcate of Approprlateness" is a certlficate issued by the
Hlstoric Preservatlon Comlnlssion approving such plans, speclflcations,
statements of work, and any other information WhlCh are reasonably requlred
by the Commission to make a decislon on any proposed alteration, restoration,
rehabll ltatlon~ constructlon, removal, relocation, or demol itlon, in whole or
1n part, of or to a deslgnated resource, resource sltel or to a bUllding or
structure wlthln an hlstoric distrlct.
2
C. "Certificate of Economic Hardship" is a certificate authorizlng work
descrlbed in the accompanying Certlflcate of Approprlateness granted by the
Commission because of extreme flnanclal prlvation or adversity and 1n
accordance wlth the procedures and findings of this ordinance.
D. llConservation Zone" means an area of the City, whether commercial or
resident1al, a majority of whose buildlngs are 50 years old or older, which
the City wishes to maintaln and revitallze so as to emphasize their importance
to the past, present, and future of the Clty.
E. "Cultural Resource" means lmprovements, buildlngs, structures,
signs. features. sites, scenic areas, views and vistas. places, areas,
landscapes, trees, or other objects of scientif1c, aesthet1c, educational,
cul tural , archi tectural , or hi stori cal 5i gnlfi cance to the ci ti zens of the
C1ty and the State of Cal ifornia, the Callfornia region, or the
nat10n which may be eligible for de5ignatlon or designated and determined to
be approprlate for historic preservation by the Hlstoric Preservation
Comm1sslon. or by the City Council on appeal, pursuant to the provis1ons of
thi s chapter.
F. "Demolition" means any act or process that destroys in part or in
whole an individual cultural resource or a cultural resource or other
structure within an historic district.
G. IIDesign Guidelinesll means the principles conta1ned ;n a document
which illustrate appropriate and inappropriate methods of rehabilitatlon and
construction. The purpose of using design gU1delines is to ald design and
declsion-making with regard to retalning the 1ntegrity of scale, design
intent, materials, feel1ng, patterns of development. and hlstorical character
of a cultural resource or hlstoric district.
H. "Des1gnated Cultural Resource" means any 1mprovement or natural
feature that has special hlstorical, cultural, aesthetic, or archltectural
character, intefest, or value as part of the development, herltage, or hlstory
of the City, the State of California, or the nation and that has been nOffi1nated
and designated pursuant to this ordinance or nominated to the Natlonal Reg1ster
of H1storic Places. The designation shall specify the sign1ficant exterior
and inteflor architectural elements and natural features which are expressly
found by the Commission to meet one or more of the criteria 1n Sect10n 7.
I. "Desi gnated S 1 tell means a parcel or part thereof on whi ch a cul tura 1
resource is or has been situated, and any abuttlng parcel or part thereof
constituting part of the preffilses on which the cultural resource is situated,
and which has been designated a cultural resource pursuant to this ordlnance.
J. "Hlstoric Distrlctll means any area containing a concentration of
improvements which have a speclal character, hi storical interest, or aesthetlc
value, which possess integrity of location, design, setting, materials,
workmanship, feeling, and association, or which represent one or more
arch1tectural periods or styles typical to the h1story of the Cay, and that
has been deslgnated an historic distrlct pursuant to this ordinance or
nomlnated to the Natlonal Register of H1storic Places.
3
K. "Improvement" means any bUll ding, structure, placet fence, gate,
landscaping, tree, wall, parking fac1lity, work of art, or other object
constituting a physical feature of real property, or any part of such feature.
L. UNatural Feature" means any tree, pl ant 1 ife, geographical or
geological site or feature subject to the provisions of this chapter.
M. "Object" means a material th1ng of functional, aesthetic, cultural,
sjmbol ie, or scient; fie val ue.
N. "Ord1nary Maintenance and Repair" means any work, for which a
building permit is not required by law, where the purpose and effect of such
work is to correct any deterioration of or damage to a structure or any part
thereof and to restore the same, to 1ts condition prior to the occurrence of
such deteriorat1on or damage.
O. 11 Potenti al eul tural Resourcell means an improvement or natural
feature which may be nominated for consideration by the Commission and may be
designated under the cond1tion that e1ther: 1) more research becomes ava1lable
regarding its eligibility, or 2) the resource is restored to 1ts original
condition, or 3) the resource is one of the few remaining examples in the C1ty
of ltS type.
P. 'IPreservationn means the identif1cation, study, protection,
restoration, rehab1litation, or acqu1sition of cultural resources.
Q. "Secretary of the I nter; or Standards for Rehabi1 itat; onll means the
guidellnes prepared by the National Park Service for Rehab1litat1ng Historic
BU1ld1ngs and the Standards for Historic Preservation Projects prepared by the
National Park Service with Guidelines for Applying the Standards.
R. nS1gn;f1Cant Feature" means the natural or man-made elements
embodying style or type of cultural resource, deslgn, or general arrangement
and components of an improvement, including but not 1 lmlted to, the ~ind.
color, and texture of the bU1lding mater1als, and the type and style of all
windows, doors, lights, signst and other fixtures appurtenant to such
improvement.
5. HISTORIC PRESERVATION COMMISSION
A. There 1S hereby establ ished in the City a Historic Preservation
Commission. hereinafter referred to as the IICommisslonll, conslsting of seven
unpaid members appo1nted by the C1ty Council. All members of the Commisslon
shall have a demonstrated 1nterest 1n and knowledge of hlstorlC preservatlon
and the cultural resources of the Clty.
B. Five commiss1oners shall be appointed from among professionals ln
the d1scipl ines of archltecture, history, archltectural history, plannlng, or
other historic preservation-related dlscipl1nes, such as urban ~annin9t
American studles, American clvilization, cultural geography, or cultural
anthropology, to the extent that such professionals are available 1n the
commun1ty. Two commlSS1oners shall be lay members who have demonstrated
special interest, competencet experience, or knowledge in histor1c preserva-
tion, American studies, cultural anthropology, cultural geography, or other
historic preservatlon-related d1sclpline.
4
C. A quorum of the Commission shall be defined as flve voting members.
D. The Commission shall develop and adopt ltS own operating rules and
bylaws, thereafter having the power and authority to perform all of the duties
hereinafter enumerated and provlded.
E. The initial appointment of the members of the Commiss1on shall be as
follows: two for one year, two for two years, and three for three years.
Thereafter, appo1ntments shall be made for a three-year term.
F. Any vacancy 1n the office of any member of the Commlssion shall be
filled in 1 ike manner for the unexpired term of such office. As the term of
any member of the Commission expires, his successor shall be appointed in like
manner as such member.
6. POWERS AND DUTIES
The Commission shall have the following powers and duties:
A. Adopt procedural rules for the conduct of its business in accordance
with the provlsions of this chapter.
B. Establish criter1a and conduct or cause to be conducted a
comprehenslve survey in conformance with state survey standards and
of cultural heritage resources with1n the boundaries of the City.
and periodlcallyu[Xlate the survey results.
gUldel ines
Publlcize
C. Recommend 1n accordance w1th the crlteria set forth in Sect10n 7 the
deslgnat10n of cultural heritage resources including lndividual properties,
landmark sltes, conservation zones, and historic d1stricts.
D. Malntain a local register of cultural heritage resources cons1stent
wlth the Natlonal Register of Historlc Places criteria including hlstorlc
districts, landmark sites, and landmarks within the Clty including all
information requlred for each des1gnatlon.
E. Revlew and comment upon the conduct of land use, houslng and
redevelopment, municipal 1mprovement, and other types of planning and programs
undertaken by any agency of the City, the County, 0 r State, as they rel ate to
the survey results and cultural herltage resources of the community.
F. Adopt prescriptlve standards to be used by the Commisslon 1n
revlewlng appllcatlons for permlts to construct, change, alter, modlfy,
remodel, renove, or si g01 ficantly affect any cul tural resource.
G. Conduct negotiatlons on behalf of the City Counc1l regarding
recommendatlons for the purchase by the City of fee or less-than-fee interests
in property, transfer of development rights, easements, or other mechanisms
for purposes of cultural heritage resources prevention.
H. Investi gate and make recommendations to the City Counc1l on the use
of various federal, state, local, or private fundlng sources and mechanlsms
availa~e to promote cultural resource preservation in the Clty.
5
I. Approve or disapprove, in whole or in part, or approve with
conditions, appllcatlons for permits pursuant to Section 9 of this chapter.
J. Review all applications for permits, envlronmental assessments,
envi ronmental impact reports, envi ronmental lmpact statements, and other
similar documents as set forth ln this ordinance, pertaining to designated and
potential cul tural resources, or rel ated nei ghborlng property withln publ ic
view. The Development Department shall forward all such documents to the
Commisslon for reVlew and comment, prior to review and approval by the
Plannlng Commission as appropriate.
K. Review the actions and proposed actions and advise environmental
review processes of all City departments and publlC agencies concernlng the
effects of their actions, programs, capital improvements, or activities on
designated and potential cultural resources.
L. Consider whether denial of Certlficates of Approprlateness (permlts)
affecting cultural resources results in economic hardship to the property
owner according to the procedures outlined in Section 10.
M. Recommend hirlng staff, retaining consultants and conductlng studles
as the Commission deems desirable or necessary, by the City Councll.
N. Cooperate with local, county, state, and federal governments ln the
pursuit of the objectives of cultural resource preservation.
O. Assume whatever responsibllitles and duties may be assigned to it by
the state under the Certified Local Government Provisions of the Natlonal
HistorlC Preservatlon Act of 1966 as amended.
P. Keep minutes and records of all meetings and proceedlngs includlng
voting records, attendance, resolutlons, findlngs, determinatlons, and
declsions. All such materlal shall be publlC record.
Q. Provide opportunity for direct publlC partlcipation in all
responsibilities deleted to the Certlfled Local Government includlng the
survey and National Reglster nomlnatlon process. Commisslon meetings shall be
open to the publ ic with publ ished agenda and mlnutes in accordance wlth the
Callfornia Open Meetlng Act. The published agenda shall be mailed in advance
of meetlngs to lndividuals and citlzen organizations interested 1n the
Commisslon1s activitles.
R. Render adv1ce and guidance, upon the request of the property owner
or occupant, on the restoratlon, alteratlon, decoratlon, landscaplng, or
mal ntenance of any cul tural resource i ncl udi ng 1 andmarks, 1 andmark s 1 tes ,
historlc districts, or nelghborlng properties within pu~ic view.
S. Encourage and render advice and guidance to property owners or
occupants on procedures for inclusion of a cultural resource on the National
Reglster of Historic Places.
T. Partic1pate in, promote~ and conduct publ ic lnformatlon, educational,
and interpretlve programs pertaining to cultural resources preservation.
6
U. Confer recognltion upon the owners of landmarks or property or
structures within historlc distrlcts by means of certlflcates, plaques, or
markers, and from time to time issue commendatlons to owners of cultural
resources who have rehab1litated their property in an exemplary manner.
v. Undertake any other action or activity necessary or appropriate to
the implementation of its powers or duties to fulfill the objectives of
cultural resource preservat1on.
7. CULTURAL RESOURCE DESIGNATION CRITERIA
For the purposes of this chapter, an improvement, natural feature, or
site may be deslgnated a cultural resource by the Historic Preservation
Commission and any area wlt~in the Clty may be designated an historlC dlstrlct
by the Commission pursuant to Section 8 1f it meets the criteria for llsting
on the National Reglster of Historlc Places or the following;
A. It exempllfies or reflects special elements of the Clty'S cultural,
social, economic, pol itical, aesthetic, engineering, architectural, or natural
hlstory;
B. It is identified with persons or events Significant in local, state,
or national history;
C. It embodies distinctive characteristics of a stylet type, perlod, or
method of construction, or is a valuable example of the use of indigenous
materials or craftsmanshlp;
D. It is representative of the work of a notable builder, designert or
archltect;
E. It contrlbutes to the significance of an historic area, belng a
geographically definable area possessing a concentration of h1storic or scenic
properties or thematically related grouplng of propert1es WhlCh contrlbute to
each other and are unlfled aesthetically by plan or physical development;
F. It has a unlque location or singular physical characteristics or is
a V1ew or vista representing an established and faml1iar visual feature of a
neighborhood, community, or the Clty of
G. It embodl es el ements of arch; tectural desi gn, deta il , materlal Star
craftsmanship that represent a slgnlficant structural or architectural
ach1evement or innovation;
H. It is simllar to other distinctive propertiest sltes, areas, or
objects based on a historic, cultural, or architectural motif.
I. It reflects significant geographical patternst lncludlng those
associated with dlfferent eras of settlement and growth, partlcular
transportation modes, or distinctive examples of park or community planning.
J. It is one of the few remaining examples in the City, region, state,
or natlon possessing dist1nguish1ng characterlstics of an architectural or
histor1cal type or speclmen.
7
8. CULTURAL RESOURCE DESIGNATION PROCEDURES
Cultural resources and historic dlstricts shall be establ ished by the
Clty Councll in the following manner:
A. Any person or group may request the designation of an improvement as
a cultural herltage resource or the designatlon of an hlstorlc district by
submitting an application for such designation to the Commiss1on. The
nominatlon application shall contain sufficient documentatlon and lnformation
indicating how the nominated resource meets the criterla for designation as
indicated in this ordinance. The Commission or City Councll may also inltiate
such proceedings on their own motion. Notiflcatlon of the nominat1on shall be
sent to the property owner(s) and occupant(s} of the property within thirty
(30) days of the receipt of the nomlnatlon.
B. The Commission shall make a prelimlnary determlnation based on the
documentation required as to whether the nom1nation appl ication is approprlate
for conslderation. If the Commisslon determines that the appl1catlon merits
conslderation, but only If it so determlnes, it shall schedule a public
hearing wlth due speed.
C. The Commisslon's declsion to schedule or not to schedule a pUblic
hearing shall be 1n writlng and shall be filed with the Director of the
Development Department (City Planning) and the City Clerk. Notlce of a
decislon not to schedule a public hearing shall be given by mall to the
ap~icant.
D. No bUll ding, alteratlon, demol ition, or removal permits for any
lmprovement, buildlng, or structure within the proposed hlstorlc d1strlet or
relatlve to a nOffilnated cultural resource shall be issued while the publ ic
hearing or any appeal r~ated thereto is pending.
E. In the case of a proposed cultural resource and cultural resource
slte, notlce of the date, ~ace, time, and purpose of the hearlng shall be
give~ by first class mail to the appllcants, owners, and occupants of the
improvement at least thirty (30) days prior to the date of the public hearlng,
using the name and address of such owners as shown on the latest equallzed
assessment rolls, and shall be advertised at least onee In a newspaper of
local circulation.
F. In the case of a proposed hlstoric distrlct, not1ce of the date,
place, time, and purpose of the hearlng shall be glven by first class mall to
the appl ieant, owner, and occupant(s) of all propertles wlthin the proposed
distrlct at least thlrty (30) days prlor to the date of the public hearlng,
using the name and address of such owners as shown on the latest equalized
assessment rolls, and shall be advertised flve consecutlve days 1n a dally
newspaper of general c1rculatlon.
G. At the conclusion of the publ lC hearing, but in no event more than
thirty (30) days from the date set for the lnltial public hear1ng for the
des1gnat1on of a proposed cultural resource or historic dlstr1ct, the
Commlssion sha11 recommend approval in whole or 1n part, or disapproval 1n
whole or in part, of the appl ication in wrltlng. The Commlssion's
recommendation shall inc1ude flndlngs of fact relatlng to the criterla for
8
designation in Section 7 that constitute the basis for its decision and shall
transmit lts recommendation to the City Council, the property o\<mer, and the
applicant.
H. The City Council, within thirty (30) days of receipt of the
recommendations from the Commission, shall by ordinance approve the
appl ication in whole or in part, or shall by motlon disapprove it in its
entirety. Recommendations by the Commisslon for designations shall be acted
on by the City Councll within thirty (30) days. If the Council falls to act
within the thirty (30) day period, the recommendation of the Commission for
designation shall be deemed approved.
I. Failure to send any notice by mail to any property owner where the
address of such owner is not a matter of publiC record shall not invalidate
any proceedlngs in connection wlth the proposed designatlon. The Commisslon
and Cauncll may also give such other notice as they may deem desirable and
pract1cable.
J. The Commission shall not recommend that a resource be removed from
the City's list of deslgnated cultural resources unless it lS discovered that
the information relied on by the Commission and the City Council in making the
or1ginal designation was erroneous or false, or that circumstances wholly
beyond the owner's control have rendered the resource ineligible for
designation based on the criteria listed in Section 7 and it would be
1 nfeaS1 bl e to restore the resource.
K. Designations must be recorded with the County of
Department of
9. CERTIFICATE OF APPROPRIATENESS (PERMITS)
A. All permlts for alteratlon, restoration, rehabil1tatlon, remodel lng,
additlon, change of use, demolition or relocat10n for deslgnated cultural
resources and properties located in h1storic districts shall require a
Certlficate of Appropriateness from the Commission.
B. All permlts for work on a designated cultural resource shall follow
the procedures listed below in processing applications for obtaln1ng
Certlflcates of Appropriateness and approval of work covered by this chapter.
C. No perm1ts for work on a nominated cultural resource shall be
awarded until el igibll ity for designatlon has been determined or the
deslgnation process has been intiated 1n accordance with thlS sectlon and a
Certiflcate of Appropriateness, if appl lcable, has been secured.
D. Any work or project by the Clty of or
its agents that can result in changes to the character or use of potentlal
cultural resources~ hlstoric districts, or neighboring property wltl-Jln publ1C
view shall follow procedures outlined below for obtaining a Certlflcate of
Appropriateness. The proposed work or proJect shall follow the Secretary of
the Interior's Standards for Rehab1litat1ng Hlstoric Buildlngs and the
Standards for Hlstorlc Preservation Projects.
9
E. All applications for Certificates of Appropriateness shall be
submltted to the Commission for approval. The Development Department
(Planning Department) shall report any appl ication for a permit to work on a
designated cultural resource to the Commission and its staff. The applicant
is encouraged to confer with Commlssion staff prlor to submitting an
appl i cation.
F. The Commission shall promulgate and publ ish such standards as are a
necessary supplement to the provisions of this article to inform property
owners and the general publ ic of those standards of review by whiCh
applications for Certlficates of Approprlateness are to be Judged.
G. In evaluating applications for Certiflcates of Appropriateness, the
Commission or the City Councll upon appeal shall consider the existing and
proposed architectural style, design, arrangement, texture, materials, and any
other factors wlth regard to the original distinguishing architectural
characterlstics of the designated resource. Using the Secretary of the
Interior's Standards for Hlstoric Preservation Projects as a gUlde, the
Commlssion or Clty Councll upon appeal shall approve the issuance of a
Certlficate of Appropriateness for any proposed work if and only if lt makes
the following findlngs:
10 With regard to a deslgnated resource, the proposed work wlll
neither adversely affect the signlficant architectural features of the
deslgnated resource nor adversely affect the character of historlcal,
arch1 tectural , or aestheti c 1 nterest or val ue of the desi gnated resource and
its site.
2. Wlth regard to any property located within an hlstorlC
district, the proposed work conforms to the prescrlptive standards and design
gUldelines for the district adopted by the Commlssion, and does not adversely
affect the character of the dlstrict.
3. In the case of construction of a new improvement, addltion,
bUllding, or structure upon a designated cultural resource site, the use and
exterior of such improvements will not adversely affect and wlll be compatlble
with the use and exterior of existing designated cultural resources, improve-
ments, buildings, natural features, and structures on sald site.
H. Applications for Certiflcates of Appropriateness shall be flled
wlth the Clty.S Development Dlrector (Planning Department) for processing.
Applicatlons shall lnclude plans and specifications showlng the proposed
exterior appearance and texture of materials and the proposed architectural
design of the exterlor of the structureo Where required by the Commission,
appllcations shall also show the relatlonshlp of t~e proposed work to the
surrounding environs. Applications for new constructlon in hlstoric dlstrlcts
shall also lnclude information pertaining to scale, massing, relationship to
site and streetscape, landscaping, and signage. The application shall be
accompanied by any other information that the Commission determines is
required for them to make an lnformed Judgment of the proposed work accordlng
to the standards of review in Sectlon 9.
10
I. The Commission shall estab1 ish guidelines for determinlng which
types of app11cations for Certlficates of Approprlateness should be set for
publ ic hearlng. The Development Director (Plannlng Dlrector) or the Commisslon
may set a pu~ic hearing if of the opinion that a hearing is in the pub11C
i nteres t.
If a publ ic hearing is held~ it shall be scheduled not more than
sixty (60) days from the date of applicatlon. Notice of the hearlng shall be
given by sending written notice to all property owners and residents within
500 feet of the property for which application has been made. Notices shall
be mailed no less than ten (10) days prior to the hearing. Failure to send
any notice by mail to any property owner or resident where the address of such
owner is not a matter of publ ic record shall not invalldate any proceedlngs in
connection with an application for a Certificate of Appropriateness.
J. Public testimony shall be taken on any appl1cation for a Certiflcate
of Appropriateness for due Commlssion consideration.
K. If the Commission fails to conslder an applicatlon for a Certif1cate
of Appropriateness withln ninety (gO) days of the date of submlSS10n of the
application~the Director of Development (Director of Planning) shall issue the
Cert1ficate of Approprlateness. If an appeal to the CHy Council is flled
withln ten (10) days from the date of a Comm1ssion decision on an applicatlon~
no Certificate of Appropriateness shall be issued untll the outcome of t~e
appeal is determlned by the Clty Council.
After the permlt has been lssued~ the Director of Developme~t
(Planning Director) or hiS/her designee shall. from tlme to time, lnspect the
work approved by the Commission in order to assure compliance. If the work is
not being performed in accordance with the Certificate of Approprlateness, a
stop work order shall be issued and all work shall cease.
L. A Certiflcate of Appropriateness shall become vOld unless
construction is commenced within 18 months of the date of issuance.
Certlf1cates of Appropriateness may be renewed for a 36-month period by
applying to the Commission staff. If the project is not completed withln
36 months after the explration of the last building permit, a new Certif1cate
of Appropriateness shall be required to complete work.
M. If no building or other permit is required to pursue work on a
deslgnated resource~ whoever 15 responsible for the work, whether it is the
tenant, resident~ or property owner, shall apply for a Certiflcate of
Appropriateness to the Commlssion staff directly.
N. Such appl ications for a Certificate of Approprlateness shall be
accompanled by such materials as are required by the Commisslon and are
reasonably necessary for the proper review of the proposed project.
O. In re Vl ew 0 f Cert ifi ca tes 0 f Appro pri a ten ess sou ght 1 n order to
Wholly or parti ally remove or demollsh a cul tural resource, cul tural resource
site. or hlstoric district. the Commis51on may approve or d1sapprove the
issuance of said certificate or certlflcates.
11
P. For any designated cultural resource, the Commission may give a
Certificate of Appropr1ateness on approval of the Planning Comm1ss1on for a
change of use of a property provided the following findings can be made:
1. The change of use is required for an adaptive re-use of the
resource and 1S compatible with the neighborhood in which 1t is located.
2. The adaptive re-use of the resource will result 1n substantial
restoration of the signif1cant architectural features, facade, or structure of
the resource in conformance with the Secretary of the Interior's Standards for
Preservation Projects.
3. The change of use will not impair the architectural, aesthetic,
historical, or natural 1 ntegr1ty of the resource.
4. The change of use will occupy only the orlg1nal square footage
of the resource or any portion thereof. In the case of a slngle structure, if
the structure conta1ns more than five resldential units, one un1t must be
retained in whole as a res1dential unlt.
5. The appl icant has made reasonable efforts to secure the facade
or other features of the resource in perpetuity.
6. The change of use is to a use of the following types:
a) Small-scale office uses with limited employment and
visitatlon needs, lncludlng but not limited to offices for an architect,
landscape architect, interior deslgner. graphic artist, real estate broker,
consulting firm, attorney, and artist studios, or
b) Retail sale of items related to local history and hlstOrlC
preservation, including not but limited to antlques, books, art, and
handlcrafts; provlded that such use is clearly inc1dental to all other
principal uses on the site and does not exceed 700 square feet in floor area.
Q. The Commisslon may lncorporate 1n any Certiflcate of Appropriateness
such condltion or conditions, if any, as the Comm1ssion may flnd necessary or
desirable to effect the purposes of this ordlnance and may speclfy that
certaln of such conditions shall be covenants running wlth the land.
R. IIhen the Comm1ssion has approved a plan for the preservatlon of a
cultural resource, historic district, or neighborhood conservatlon area which
sets forth particular development standards, an application to the Commisslon
to do work consistent with the approved plan deve10pnent standards may be
approved by the staff person designated by the Commlsslon. If such staff
person does not approve the appllcatlon, it shall be processed as set forth in
thi s cha pter.
10. STATE HISTORIC BUILDING CODE
The Ca1 lfornla State Historic BU1ld1ng Code (SHBC) provides alternative
building regulations for the rehabi11tatlon, preservatlon, restoratlon, or
relocation of structures deslgnated as cultural resources. The SHBC shall be
used for any designated cultural resource in the City's bUll ding permit
procedure.
12
11. PRESERVATION EASEMENTS
Preservatlon easements on the facades of build1ngs designated as a
cultural resource may be acqulred by the City or nonprofit group through
purchase. donatlon, Dr condemnatlon pursuant to Cal ifornia Civil Code 815.
12. TRANSFER OF DEVELOPMENT RIGHTS
A. The Commission may authorize, upon approval of the City CDuncll, the
transfer of unused development rights from designated cultural resources to
other parcels 1n the city as part of a specific plan provided that:
1. The designated resource must be rehabllitated to the Secretary
of the Interior's Standards for Historic Preservation before it is el iglble to
sell unused development nghts,
2. The TOR amount that can be transferred from a site is
calculated by deducting the denslty of the deslgnated resource from the base
floor area ratlo allowed on the resource site,
3. The receivlng site cannot increase its density more than 2.5:1
beyond the base zoning.
13. CERTIFICATE OF ECONOMIC HARDSHIP
A. Appl ication of a Certificate of Econornlc Hardshlp shall be made on a
form prepared by the Historlc Preservatlon Commission. The Commlsslon shall
schedule a publlC hearing concerning the application and provide notice in the
same manner as in Section 8 of thlS ordinance, and any person may testify at
the hearlng concerning economlC hardship in the same manner as provided in
Sectlon 8 of this ordlnance.
B. The Cornmlsslon shall review all the evidence and information
required of an appllcant for a Certlflcate of Economic Hardship and make a
determlnation withln forty-five (45) days of receipt of the appl icatlon
whether the denial of a Certificate of Approprlateness has deprived, or will
deprive, the owner of the property of all reasonable use of. or economic
return on, the property. Written notlce of the determination shall be
provlded in the same manner as required by Section 8.
C. If the appl i cant presents facts and cl ear evi dence demonstrati ng to
the Commlsslon that fallure to approve the appl ication for a Certlflcate of
Appropriateness will cause an immediate extreme hardshlp because of conditlons
pecul iar to the particular structure or other feature involved. and the damage
to the owner of the property is unreasonable ln comparlson to the beneflt
conferred to the community, the Commission may approve or cond1tionally
approve such certlficate even though it does not meet the standards set forth
herein. TtJe Commlssion shall hold a publ ic heanng in order to determlne
whether a Certificate of Appropriateness wlll be approved or denled. A
Certificate of Economic Hardship shall be accompanied by a written
determination, based on the following findings:
1. Denial of the applicatlon will dlffilnlsh the value of the
subJect property so as to 1 eave substantlall y no val ue,
13
2. Sale or rental of the property is impractical, when compared to
the cost of holdlng such property for uses permitted in this zone,
3. An adaptive reuse study has been conducted and found that
uti1 ization of the property for 1 awful purposes is prohibited or impractical,
4. Rental at a reasona~e rate of return is not feasible,
5. Denlal of the Certlficate of Approprlateness would damage the
owner of the property unreasonably in comparison to the benefit conferred on
the community, and
6. All means involving City sponsored incentives, such as transfer
of development rights, tax abatements, financial assistance, buildlng code
modlflcations, changes in the zoning ordlnance, loans, grants, and
reimbursements, have been explored to relieve possible economlC dlsincentlves.
D. The Commission shall be authorized to request the appl icant to
furnish material eVldence supporting hlS request for a Certificate of Economlc
Hardship or shall furnish evidence or testimony to complete the applicatlon
for Certificate of Economic Hardship including any or all of the followlng:
1. Cost estlmates of the proposed construction, alteration,
demol i ti on, or removal, and an estimate of the addi ti anal cost (s) that waul d
be incurred to comply wlth the recommendations of the Commission for issuance
of a Certlficate of Appropriateness.
2. A report from a 1 icensed englneer or archltect with experience
in rehabilltat10n as to the structural soundness of any structures on the
property and their sUltability for rehabilitatlon.
3. Estimated market value of the property in its current
condltlon; estimated market value after completion of the proposed
construction, alteratlon, demolitlon, or removal; after any changes
recommended by the Commlsslon; and, in the case or a proposed demol itlon,
after renovation of the existlng property for cantlnued use.
4. In the case of a proposed dernol ition, an estimate from an
archl tect, developer. real estate consul tant, a pprai ser, or other real estate
professional experienced 1n rehabil itation as to the economlC feaslbillty of
rehabllltatlon or reuse of the eXlstlng structure on the property and ltS
market value for contlnued use after rehabll itation.
5. For income-produclng properties, lnformatlon on annual gross
lncome, operating and malntenance expenses, depreciation deductlons and annual
cash flow after debt serVlce. current property value appralsals, assessed
property valuations, real estate taxes, and any other lnformation considered
necessary by the Commission to determine whether substantlal evidence of
economlC hardshlp exists.
6. Remalning balance on any mortgage or other flnanclng secured by
the property and annual debt servlce, if any, for the prevlous two years.
14
7. All appraisals obtained withln the prevlous two years by the
owner or applicant in connection with the purchase~ financing, or ownership of
the property.
8. Amount paid for the property~ the date of purchase~ and the
party from whom purchased, including a description of the relationship, lf
any, between the owner of record or appl icant and the person from whom the
property is purchased~ and any terms of financing between the seller and
buyer; any 1 isting of the property for sale or rent, price asked~ and offers
recelved~ lf any, within the previous two years.
9. Assessed value of the property according to the two most recent
assessments.
10. Real estate taxes for the prevlous two years.
11. Form of ownership or operation of the property~ whether sole
proprietorship, for-profit or nonprofit corporation, 1 imited partnershlp,
Joint venture~ or other.
12. Any other information, including the income tax bracket of the
owner, applicant~ or princlpal investors in the property consldered necessary
by the Commlssion to a determination as to whether the property does Yle1d or
may yield a reasonable return to the owners.
E. In considering an application for a Certificate of Econom1c
Hardship, the Commission must make a find1ng that without approval of the
proposed demolition~ alteration, remodeling~ removel, or constructlon~ all
reasona~e use of or return from a designated landmark or property withln an
historic dlstrict ~ll be denied a property owner. In this context~ personal,
famlly, or financial difficultles, loss of prospective profits, and
neighboring violations are not Justlflable hardshlps. In the case of a
proposed demolition, the Commisslon must make a find1ng that the designated
landmark cannot be remodeled or rehabilitated 1n a manner which would allow a
reasona~e use of or return from the property to the property owner.
F. In the case of a finding of economlC hardshlp, this finding shall be
accompanled by a plan developed by the City and/or applicant to relieve
economic hardship. This ~an may lnclude, but is not limlted to, property tax
relief, loans or grants from the City or other private sources~ acquisition by
fee purchase or eminent domaln~ use of the State HistorlC Buildlng Code~
redevelopment funds, development fees for historic preservation, changes in
appl icable zoning regulatlons, transfer of unused development rights~ or
relaxation of the provlsions of this ordinance sufficlent to allow reasonable
beneflcial use or return from the property. The Commission and the City shall
have a period not to exceed one hundred twenty (120) days to make
recommendations and develop and adopt a plan in order to relieve economic
hardship and to allow the ap~icant a reasonable use of, and economic return
from, the property or otherwise preserve the subject property.
G. If, by the end of thlS one hundred twenty (120) day period, the
Commission has found that without approval of the proposed work, the property
cannot be put to a reasona~e economic return therefrom, then the Commission
shall issue a Certificate of Economic Hardship approving the proposed work.
15
certifies to the Commission that such actlon 15 required for the public safety
due to an unsafe or dangerous condition WhlCh cannot be rectified through the
use of the Cal ifornia ~tate Historic Building Code and when such architectural
feature can be replaced according to the Secretary of the Interior's Standards.
17. ENFORCEMENT AND PENALTIES
A. Any person who vlolates a requirement of this ordlnance or falls to
obey an order lssued by the Commission or comply with a condition of approval
of any certificate or permlt issued under thlS chapter shall be guilty of a
mlsdemeanor and subject to provisions of Sectlon 1200(a) of this Code.
B. Any person who constructs, al ters. removes, or demol ishes a cul tural
resource ln vlolatlon of this chapter shall be required to restore the
buildlng. object. site, or structure to its appearance or settlng prior to the
vlolation. Any action to enforce thlS provision may be brought by the Clty of
or any other interested party. This civil remedy shall
be ln addition to, and not in lleu of. any crlminal prosecution and penalty
and other remedy provided by law.
18. SEVERABILITY
If any section, sentence, clause, or phrase of this chapter is for any
reason held to be invalid or unconstltutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the
remalnlng portlons of this chapter. The City Council hereby declares that it
would have passed this ordlnance and adopted this chapter, and each section,
sentence, clause, or phrase thereof! lrrespective of the fact that anyone or
more sectlons, subsections! sentences, clauses, or phrases be declared inval ld
or uncons ti tu tl anal.
PASSED, APPROVED, AND ADOPTED this
day of
, 19
:.la yo r
ATTEST:
City Cl erk
0- 6453H
17
If the Commission flnds otherwise, lt shall deny the application for a
Certlficate of Economic Hardship and notify the applicant by ~ail of the flnal
deni al .
H. If approval of a Certiflcate of Economic Hardship will result in the
demolition of a nominated or designated cultural resource, the applicant shall
be required to provide documentation of the resource proposed for demolltlon
to the standards of the Historic American BUllding Survey. Such documentation
may include photographs, floor plans, measured drawings, archeological survey,
or other documentation stipulated by the Commisslon.
14. APPEALS
Any action by the Commission may be appealed by any interested party to
the City Councll lncludlng but not limited to the following:
A. The Commission's declsion not to hold a publ ic hearlng on an
applicatlon for des1gnation of a cultural resource or historlc dlstrlct;
B. A determination made after a public hearlng not to des1gnate a
proposed cultural resource or historlc district;
c. The Commission's decision to grant or to not grant a Certificate of
Appropriateness or Certificate of Economic Hardship.
Any interested party may appeal by filing a notice of appeal with the
City Council not later than ten (10) days after the Commission's wrltten
decision has been filed wlth the Clty Clerk. Sald notice shall be accompanled
by a set fee 1n an amount to be determined by the Clty Counc,l. The City
Council shall schedule a publ ic hearlng to be held no later than thirty (30)
days after the notice of appe~ is filed, and shall render its declsion wlthln
t~irty (30) days of said hearing date.
15. DUTY TO KEEP IN GOOD REPAIR
The owner, occupant, or other person in actual charge of a cultural
resource or an lmprovement, building, or structure in an historlC distrlct
shall keep in good repalr all of the exterior portions of such lmprovement,
building, or structure, a11 of the interior portions thereof when subject to
control as specified 1n the designating ordinance or permit, and all interlor
portlons thereof whose ma1ntenance is necessary to prevent deterloratlon and
decay of any exterior architectural feature.
It shall be the duty of the 8irector of Development (Planning Department)
to enforce this section.
16. ORDINARY MAINTENANCE M~D REPAIR
Nothing in this chapter shall be construed to prevent the ord1nary
maintenance or repair of any exterior architectural feature in or on any
property covered by this chapter that does not lnvolve a change In des'gn,
:nateri al , or external appearance thereof, nor does th15 ordl nance prevent the
construction~ reconstructlon~ al teratlon~ restoratlon. demolltion, or removal
of any such architectural feature when the Director of Development (Plannlng)
16
M~c.\.'1 VYt~Yl--t- 13
West's
.
<
ANNOTATED
CALIFORNIA CODES
"'-----~
GOv~RNl\'IENT CODE
Sections 50280 to 50290
Volume 36
1986
Cumulative Pocket Part
]tfTT,LC) ACT
~
See.
50280.
50280.1.
50281.
50281.1.
50282.
50284.
50285.
50286.
50287.
50288.
50289.
50290.
ARTICLE 12
HISTORICAL PROPERTY CO~~RACTS
Restriction of use of property; application of
o'..mer
Qualified historical property
Required provisions of contract
Contract fee
Rene~al; nonrenewal; notice; protest; recordationj
effect
Cancellation; glounds
Cancellationj noticej hearing
Cancellation; feej paycent
Action to enforce contract; parties
Acquisition of property by eminent domain; car.cel-
lation of contractj inapplicability to determi~ation
ot value
;~~exation by city of property ~~der contract to
county; rights ar.d duties of city
Consultation with state cc~ission
t ~ZSG. R.ero1rt1on or ll.W of property; Ippha1kJft of owner
C:>aD :.'le lC':lh~cOll of an aW'Cu or tile alt!nt a{ LC O~l!r of ~y q'J-IW1e-d hatancJ ~rooerty. u
d~f:Jt-d :.:r. St<:-:~u 5O'!SQ 1 ~.l! ;ei'~l&t:"l'l! :.ad)" of 'ct'], tQl.l.D.ty, OJ' cty UlQ eclUlty m.s.y ~ll~ ~
t..~1I 0",",111' ?r 3~e.,t t.o ~5trl~ ~l-te ~.. of :"! ?ro-per:y ..n 1 ,..I....'l:::~r whll:., c.he iegts~t1vl! :Joey ::e-e:r-.s
~olble :D Q.,-:y oct ~e j:lui'pc$U at t..':..3 ar-.-c!t ~ ai V-:Cll! 13 lCOm:I:eDcn( Tl".h ~on ~'l91
of D.aotu 3 of ?.r. 2 of Dn"Ulon 1 of Co'l! !WVl!!:tl.e a.cd Ta;ucol:l C::ode. The cont:"1Ct sh1ll ~t ~'e
re-q o:n - e '1 t.s .Jt Se<:!< 0 n.5 502S 1 llld S02.S2.
(.~en~e-j by St;J.~ 1985. c::. %5. il -, t 1.7)
BlrtClr'fe2J SoU
n. 19':":' am<!ndm~llt .-o.badnted ~ A.m-
el. 1.9 (eo...mecClllC 1rltb S<<'=loa 43:91 ot
Chapter 3H for " ~r.Jcl. 1 (C'QmEllt~aDl
wia SK:::oa 11611 ot Cbapur ~-.
l"'Gf"t:lU I 5oJ"-SQ, lddeod ~1 S t:lt1.197Z. e.
lZ3:. p. z:r.8. I 1, wu fe=Tl:n!:.er~ I
3O:r.9.2 l.Ild &mInded by Sl.aUl~, e.
n ,. 1311, Il~j.
T~
s~ WUt'1 Call!or.:rl.a CoJ. Form&. G<lnr=tDt.
Llhrvy RtfUU1ca
Hta1t.!l U1d EnTironmel1t c:!;::l2:5..5(8). CJ.!!. J:ita.lth aDd EnTiro,=a.l1t If 81 K
.eq~ l.ll5 It Ie<!:.
--
Ur'ld..nT.... If\C11Qt.. CJ'l:l/'\g" Of' ~t10t1. !)y am~~;';
I sc:s4.I. Qu&lll1ed hinoriaJ proput}'
HQuald'ied hutanaJ property" for p~ o{ th.!.I U':lel., me.L'lJ prrnttly oVlled proput1l1'luch
it not Ul!mpt from property '"_"'''oon Llld wtuch al"tI eIther ot the tolloWllli" .
lal Laud U1 to'l. S'atlo~.s..I ~lPSur of H"'!3wf"'e pl~ or ~oc:t.te<llft a ~.Jtered \!5t.:)r.c dl3trJc#.. AS
der:lled :n S<<txlD 1191-~bl oC Tide 26 of tb. Cod. of F~l!n.i ~i'Uar.oo.L
{bl Uated LII llIY 5~t.r. cty. .-oUllty, or City :l.lld COlUlty o(C:C".aI /"l!i"..stu of \u.osUlnal or arthl~
aUy Sl(tU.:1a.r:1t m~. places, or fa.ndm2.rb. '
(Added by 5tatl 1985. e. 96:i. po . f 2.)
t ~I. Jkqui.red llrnYiJlona of eontract
· · · Ar.y eontnct l!nt.l!nd into under thIS ~c!e .sha.U eonQUl the to!lOWUlC provuioaa:
(~} The tu:n of ~. ctll1tn.ct 1hall ~ {or 1 ""''''"lum puOod of 1~ yun.
(b) Where apptiobl.. the CODtr3Ct shall pror.de th tollowtnlr.
(l) For th. preHtvaCOD ot to':!.l! qu.aur.~ r.c!ltorw pro~~"ty and., .....hftl n~uy, to mto~ OI.lld
/"l!r.1biL.....at..e lb.e ;:l'Qperty :.0 cOI".fonn to the I"J:es ud r!i"J!.aCOtlS of the Off~ ot Hl=ltore r.-eserva.
con of t....e 15ep.ut:n.ent ot Pub and R.e. '.:aCOD..
. . 6
f~ For the p.tl"od1e l!u.rrt1'.1t:on.s of tl:.. UlUno/" and eX"'...l!.I"Ol' of the p/"l!'~ by the a.ss~r. the
O~;::an:.::.ecto' ?vla ~d Reo:r!l.t1on. and the Stata Bo..rrl ot Equali%4con 1.1 '7\11 be r.tCe.!lury to
deter:un. the OI'l"Cer'.s CQmp!iacee W'Ith to'l. C'Oot:r3.ct.
13\ For It to bt b,nr:.u.i 'Jpoo.. and ;nun to tl-e benefit ot 111 !UC~SOl"'S Ul Lr.tRrnt of d:e owner A
SU~l' ~ t!::"':~:s( ltu.il have t.':e ~e nghb :lnd obl:.-a::oo..s u.ndel' tb. contract a3 :.h or...o.a.I
owr.er ;l'ho l!l:lt.e:-eQ..IltO ~.e cont.1Ct.
(A=e~c!.ed. !:Iy 5t4~ :985, e. 9035. p. u_, f 3)
HlstonaJ N'o~
!"l~' I" t ~T.:Sl. addt<:i by St.Lu.197'2. eo
t:!Z2. p. 2316. f 1. YU [UUJIl 0. red I
~9 4 lAd lCI~r.ded. b7 S~u.l..9'iW, e-
m. ,. 1318. f l:A
t ~1S11. Contncl fee
~. !'i".31acve x.dy ~nt.l!nni' Into a ccn~ d~-"W. :::1 :.Iu..s u-"-e'e ~r :-tq~.," t.lu.t tl-.. ?M~-e!"!)'
OWTU. U ;a COOClt:OO to enteMr lZItD to,e COl'l~ ;a1 a fee not to ~'t...'"l!oed ':..':e ru.son.a..b!e cu:!! ")(
a.d.::l1:l13:.t r.n r t.~ j::"':l iMJn.
{A.:!ctd ~.,. Suu :?8S, e. 965,,, . _ _, , ....)
f S<lZS%. ~n.yal: nOnrtflewu; nou"t p,f13test: t'K'orf!u1o~ dYed.
(a) Each er>ntn.ct slull proV"d. tr~t on the Ullllve1"!.U"y ~at.t ol :...". eontr..c: or !uch I)to':er d..CC'.:.a.l
da~ 11 LS st:~_':td ~ ':..~. con~ a yeu sW bot lGC~ ~utomanoll1 \.0 ~.hot lO.lt:al '<!!'T:l 'J~ :....
CCC~ct :u:..!~ .ot:ce ot :lOr-4"el'ew'!1 :oS ~vell u proV"'d.ed ..Il :.~ ~COft.. If ~"e pro~t":"j )wner or
ti'e eC.3laOTe b-ody :l!:!ll'e3 III any 'ieu not Ul ~''14!'' t!:. COn~ t.."lat ;:Jart"'f silaU !t:"'I'e N"l":t"...m
ML:'l! of llotL-e!'.cev1lQf ....~e C'On~t on U:e otter ~"'!"i III uh a.nc-e ot :..'1. UUll.:1.I "'I!re"'~ d.ate of the
C'On~ t"n!o!:S.S ~ "oo~ :oS !.l!t'V.d !ly th. O\Vtlor at 'U3t ~ daY3 prOf :0 o:.'le ~"e~ ~:.. or ::y
t.':e 'ep1aCVl! x.r7 .t 'eut ioJ days pror ~ lb. re:r.eW'aJ ~t4, oc.e ?UZ sltaU lU~ml!.c.c1l1y ~ :uldeU
ttl ~e ~ uf ~e contnct. 4
(~l Upoll I"l!'C'tl;t :y to':, ow-:.r of .I llOO~ tram L". 'f!r'..slaOV' body ot ::ol\M!...e....u, the QW'ller m...y
:r-Ul! I o;n"!:-~n prot.Ht Jl :.."1. IlOtlCll ot <:on."'I!'.e.-a.L Ti, 'ei".3LacTa body mar. :It a:lY Com. pf"'or ~
t.... rl!ne\ll'1J iUU!. W1t.!ldn\lt' ~'le nOQe. ot :lOllnlll!wa.l.
.ut~ . . · irIdIeat. d$~ ~ tmIH'Idl'l'loJnt
(e) If t.he lei\3!,J,!1n body or the owner sU'VtS QOCCI ot Ult.eot 10 1..01 'feu not eo n:r.ew to':,
Cl)n~ t.~, n:~Cl\i eontract shall remlUllld effect (or tl:. O~C'e or t.h ~n<XI ~~l.Oir su:ce the
OI""(UUl UK".lCQQ or the wt rentw.! of m. C'OIltnct, as to':, o.u rn.1y be.
(d) Th. Qwur shaU fu.-nuh the leT~laa.,. body ;nth ~ Ln!ornuOOQ · · . the leg'.3lat:ve 'oooy
shall requJn '11 or-;Ju to enable it to deur:n:ne tl':. ellg'bl:Jt"1 of :..'1. property Illvolved.
(e) '0 latu th.ul 20 days a.fter a cry or C'OlUlty e!lterll lD~ . eoncn.ct Wlth 3J1 owner punu.a..at t.o
thu utld.. t.'lt clerk of the legulaovl body shail r!C1lrd W'lLi. the county re-corder a copy ot the
cootnCt. whlc.h shall d~cnbe the propertT subJect t.'len:tO . .. from and alter t.,'l. tlme of t.'1e
r-eeor-'...aco~ t!lI.S eolltra.c:t shall 1m; an: . oocca t..':e:e-of ~ ill pe~o!U u :s ai!ol'1:!ed by tr.e l"KOrd:ni
]a oq of th:.s suc.e. -
(,Amended by SUt.1.19S5. Co 965, p. . f 3.)
---- - -------- ----------..-..........
. 5a2M CalleelIattOIl: p-oundl
The !er,.\]au'I'e body may c::uleel I eonO'Ut if it det.e:TllU\e! ,~t the owner Iu.s breac!1ed 1..D1 of the
eondltl~M of the ecnf.n.et. pro"ded lor m thts artlc:e or h.u Llowed the proper:: ;0 .detenorate to the
poomt mat It DO ]oniu mHU tre SU'idu6 ror I q'Jal1f'ed ~tor1al propertY The leg-..slaove
body f1"J.y ilio t:1!leel a contr?.et If It det.erttines c:at the Olner hu fUied :.0 ~ston! or reh.abiliUte
t.h e prope rt)' 1lI the rru.n.:ler . pectfied 111 the COD tn o:t.
(Amend~ by Sla~ 1985. e. ~. p. . t 1.)
~ 50285. Ca.nceDadon; notice; hearing
No contract shall be c:aneeIed under Secoon 50284 untll after the
leglslatl\e body bas given notice of, and has held, a public hearing on
the r::ar...er. ~Otlce ot the heanng s.hall be rr.arled to the last knOl,1,-ll
addr1::ss of each owner of property Wlt.lun the hlstonc zor.e and shall
be publlshed pursuant to Section 6061.
(Added. by St.atA.1972, e. 1442. p. 8161. f L)
~ 50286. Canceilation; fee; payment
It' a contract IS canceled tiOOer ~..ion 50284. the owner shall
pay a canC1"ll::lton tee ot 1272: percent at the full value af the proper-
ty at the t.rne at c:a.ncellatlon, as determmed by the county asscsscr
Wl thout reg-ard to any re:::. u. iction on SUdl property imposed pursuant
to thio;; artlc!e. The car.cellation fee shall be paid to the Controller, at-
suc.b. t:i.n:e and in suc."l manner as the ControUe.r shall prescnbe, and
$h~n be ce?C5}ted in t-'1.e State General Fund.
(Added by Sta~ 1972. e. 1442, p. 3161. '1. A=ende-d by Stal3 1978. c.
1207, p. 3814. ~ 5. overatJve Ian. 1. 1581.)
mrtoriW Now
Th. 1975 I..ClUl:!O.11.( c!lIl.llr~ the Ull-
C'eiaCol:l (ei! !/'e1D ~ :>4~I1C ot the .....
seua;f n..1zl. to 12~ p.l"'C9QC ot the tlill
nlu..
~n.:d.~ dat.. .ppUcaCOtl to 1981-32
tacal reu a..o.d t!.IaJ yean therulu r', and
ler.Jla:d.TI c:llmt !.l:I ;loOltllOD.ecneuc ot ooer-
.dn da~ at 3t.1a.l9'1'8. eo l2Q1', ~ 3872.
... m..ron.eaJ. ~ot. DJ1.du Edue.C. . 11-
19':"3 un.c.d.c:.e lit at ~ JeetiOll 1.ll0Q41 r'
ICT, u=.!.... g.1l-t;UI CuD..lt. .1..C1tnd. :-;0. 60.
19'TI -;'8 :.. .ppl'O'~ ~1 l!a TOte". ':>eea.m.
op.nc.... JIlL. 1. 1981. u S C....1. ~o. t30
...u IPllr1)9e-d at t~. StlK'U stllt.r.d.
,,1~':loU held ~o.... 6. 19jD. S" Eiiuol'1w
~ot. iJ,Zc.r EduncoQ Cod_ J 11.
9 50287. A.ctfon to enforce contrad; partlee
~ an alternative to cancellation ot the contract for breach at
any condition, the county, city. or any landowner may br.ni any ac.
tiOD in court necessary to enforce a contract including, but not limit.
ed to, an action to eruorce the contract by spedllc performance or In.
junction.
(Added by StaLs.1972. e. 1442, p. 3161, 11.)
~ 50288. Ac.qtiliition ot property by emInent domain; ca.ucella.-
tlon at eontrs.ct; tnappUc:abillty to determinat:loD of
value
In tlle event that pro{:erty subject to contract under tMi~ article
Is acquired in whole or in part by pminent dOP'1~in or other acquisi.
tion by any entity authonzed to exercise the power ot emment do-
II:I;!in, and the acqulSition is detennu ed by the leglslatlve body to
frustrate the pur-~ ot the contract, such contract shall be ca!:lce1ed
and no (ei! shall be imposed under Section 50286. Such contract shall
be ~med null and VOid tor all purposes ot determinmg the value ot
the property so acquired.
(Added by Stab.1972. Co 1442, p. 3161, 11. Amended by St..ats.1974. c. 544,
p. W2. ! 19.)
HIst4r1a! Sote
~I mol u::tudmeat J.naad.d, th. Me-
tioa .;Ci.OQt eb4::lp.
E::I::ct Do"'.;" ~lT.
Cbrvy R,tenoca
C.J.3. E'ml,,~t DeI'U.1.1l. 'M.
~ 50289. ,-'nneXAt!oo by city of property UDder oontn.d to COlJl1.
ty; rlght5 and datl:es of city
In the event that property restncted by a contract WIth a county
under this arocle Is annexed. to a city, the Clty shall succeed to all
rights, duties. a.."d powers ot the county under suc..h contract.
(A~ded by Sut.a 1972. c. 1<<2. p. 3161, 11.)
t 5<J Z"t. Coru \II a.tiOA ~ th .taU e1)rt\l!US.Iwa
Lx21 aie~e:~ LCd a~en of quU!ied h13tor-cal proj:ler::u ::n.a.y consult ;n~ th. S~t.t ,Hutol"'e:Ll
~~..:.:o=u Cort:~lI011 . . . (or ll! adYlU Uld eou::3el Otl lI".......L...S releVJ..Dt to hlJItorr:a.a propoerty
eo::: t::'U'"-1
(A.:::c~ed by SU~ 1985, Co 965. P -, t 8)
-- -
L.!hrvy R.tere:oeet
HuIu J.nd E:n1l"OlUDellt <t=2S.5.. 88 to 00, ~. 104..
C..].3.. B' e aJ t.!I t.r.d EI:1 ri N)llm ell t It 61 tA 1Z8. 12$. 132. 133-
6l5, 69. n to 13. 18 to SO, 82 to 86, H2. 1-H to U3.
- --
110, U~ to 12S,
l~, 13'i' to HOt
.ME.1l{f
Dlv.l
ax rate
ats.1977 .
3l5.1984,
f the first
pUl'S\Wll
Taxauon
folloW1~
'lslnbuted
enue and
ton 8 of
i" If It 15
...rude 12
1 of Title
quahnecl
ent code,
HISTORICAL PROPERTY t 439.2
Pt.l
which IS subject to a rustoncal property contract executed. pursuant to Article
12 (commencing WIth Section 50280) of Chapter 1 of Part 1 of DIVIsIon 1 of
TIlle 5 of the Government Code.
(Added by Slats 1977. c. 1040. P 3153, ~ 4 Amended by Slats.. 1985, c. 965, 4 9.)
HUtor1ca1 Note
The 1985 amendment subsuMed -as defined (colDlDenclng with SectIon 5031) of Chapler 1
In Scct10n S02SO 1 of the Go...emment Code- of Dmslon 5 of lh.e P..lbll(; Resources COOc-;
for -meeting the reqwremenu of Anlcle 3 Uld made ~ grammauca.l change
~ 439.2. Valuation; capitalIzation of income method; determination
When valUlng enforceably restncted hlstoncaI property, the county assessor
shall not consider sales data on SimIlar property, we- ether or not enforceably
restncted, and shall value such restncted rust oneal property by the capltali.za.
tlon of Income .method in the foIlowmg manner'
(a) The annual Income to be capitalized shall be detennllled as follows.
(1) \Vhere sufficient rental Information IS available, the income shall be the
falr rent which can be Imputed to the restr1cted hlstoncal property beIng
valued based upon rent actually receIved for the property by the owner and
upon typical rentals received in the area for similar property in SimIlar use
where the ov.l1er pays the property tax. \\'hen the restncted hlstoncal
property bemg ...alued IS actuaUy encumbered by a lease. any cash rent or Its
eqUl...alent considered In determmmg the fair rem of the property shall be the
amount for ~hlch the propeny would be expected to rent were the rental
payment to be renegotIated 10 the lIght of current conditions, mcludmg
applIcable prO\'SlOnS under whlch the property IS enforceably resmcted.
(2) \~bere suffICIent rental Information IS not available, the Income shall be
that ~hlch the restncted rustonca1 property bemg valued reasonably can be
eXpe1:ted to j'-:eld under prudent management and subJ~t to applicable provi.
slons under which the property IS enforceably restncted.
(3) [f the parties to an Instrument which enforceably restncts the property
st:pulate therem an amount WhiCh constitutes the mlrumum annual Income to
be c20olt.allzed. then the Income to be Cdpnahzed shall not be less than the
amount so stipulated.
For purposes of thIS section Income shall be determIned In accordance v,.,th
["1..lies and regulatlOns ISSUed by the board and wlth thlS sectlOn and shall be
the dIfference bet\l.'een revenue and expenditures. Revenue shall be the
amount of money or money's wonh, Including any cash rent or Its eqUIvalent.
....h1Ch lhe property can be expected to )'ldd to an owner-operator annually on
'he a\erage from any use of the property permitted under the terms by which
(he propeny IS enforceably restrIcted.
b~T";.dltures shall be any outlay or a\-erage annual allocatIOn of money or
mor:e!'s v,.orth that can be faIrly charged agamst the re\eOue expected to be
rece:\ed durmg the penod. used In computmg such revenue. Those e,;,pendl-
:ures to be charged agamst revenue shall be only those whIch are ordmary
and necessary In the prod.ucllon and maIntenance of the revenue for that
399
J
r
. .
~
-
~ 439.2 PROPERTY TA.XATION-ASSESS\tE.'\"l
OIl' I
penod. Expendltures shall not mclude depletlOn charges. debt ret\remem
mterest on funds Invested In the property. property taxes, corporatlon lncom~
taxes. or corporatlOn franchise taxes based on mcome.
(b) The capltahzatlOn rate to be used in valumg owner.occupled single
famIly dwelhngs pursuant to thIS artIcle shall not be der1\ed from sales data
and shall be the sum of the followmg components:
(1) An mterest component to be determmed by the board and announced
no later than September 1 of the year precedmg the assessment year and
WhlCh was the )'1eld rate equal to the effectl\'e rate on con\'entlOnal mongages
as determmed by the Federal Home Loan Bank Board, rounded to the near-
est y. percent.
(2) An hlstoncal property nsk component of 4 percent
(3) A component for property taxes which shall be a percentage equal to
the estlmated total tax rate applicable to the property for the assessment )'ear
hmes the assessment ratIo
(4) A component for amortlzatlon of the irnpro\.ements whlCh shall be a
percentage equivalent to the recIprocal of the remalOlng life.
(c) The capnahzanon rate to be used In valUing all other restncted h1stor:-
cal pro pert) pursuant to thiS article shall not be denved from sales data and
shall be the sum of the foBowmg components.
(1) An Interest component to be determined by the board and announced
no later than September 1 of the year precedmg the assessment }ear and
whIch was the ),e1d rate equal to the effective rate on con\.ennonaI mortgages
as determined by the Federal Home Loan Bank Board, rounded to the near
est 1/. percent
(2) An hlstoncal property nsk component of 2 percent.
(3) A component for property ta'Xes which shall be a percentage equal to
the estimated total tax rate applIcable to the proper:y for the assessment )ear
tlmes the assessment ratio.
(4) .\ component for amortIzatIOn of the ImprO\ernents -w!'llch shall be a
percentage eqUivalent to the recIprocal of the remaLnlng hfe.
(d) The value of the restncted hlstoncal property shall be the quonent of
the Income determined as pro\.,ded an SUCdlvlslOn (a) dlvIded by the capnah
zatlon rate determIned as pro....Ided m subdIVISion (b) or (c).
ee) The ratIo prescT'bed In SectIon 401 shall be applied to the value of the
property determmed to subdlvls10n (d) to obtam Its assessed value
(Added by Slats 1977, C 1040, P 3 I 53. ~ 4 J.menc!ed b:- Slats 1984, C 678. ~ 2~)
HUtor1.c.al .....ote
The 1984 aMendment c!e~eted from the m.
lrOOuclory par~aph. 'the board for purposes
of sur-eys reqUIred 'v Secllon 1 g I ~ of t~:S
code and' precedmg l'le coumy asses.sor~
Ubrsry RdereDcu
Sute and I..D=I Ta.x.auon. Lane. ~ 119
400
C/ED:PB:SF:AS
PCjLCRPT
Council Mtg: 9/25/90
santa Monica, California
TO:
Mayor and city council
FROM:
city staff
SUBJECT:
Landmarks Commission's Report on Potential
Ordinance Revisions and Incentives for
Preservation.
Landmarks
Historic
INTRODUCTION
This report recommends a series of revisions to the City's
Landmarks Ordinance and Demolition Ordinance as well as discusses
a variety of incentives to encourage the preservation of historic
resources in Santa Monica.
The Landmarks Commission began the
~
process of addressing revisions to the Landmarks Ordinance by
appointing a subcommittee of three Landmarks Commissioners and
one former Commissioner to prepare recommendations for the full
Commission's review.
Over the last 12 months the Landmarks
commission
has
reviewed
and
conceptually
approved
the
recommendations and requested that they be forwarded to the city
council for consideration.
In addition, Planning staff has
prepared a series of recommendations to clarify certain
technical processing aspects of historic district applications.
These issues surfaced during the processing of the Third Street
Neighborhood Historic District application.
- 1 -
BACKGROUND
In 1989, the Landmarks Commission established a subcommittee on
the issue of ordinance revisions in order to address a number of
problems experienced by the Commission. The Com~ission has been
concerned regarding the ordinance's effectiveness in protecting
landmarks, the criteria used to designate landmarks, problematic
procedures in both the Landmarks and Demolition ordinances, and
the need to develop a variety of incentives to encourage property
owners to protect their historic structures through landmark
designation.
Through the assistance of City staff, the subcommittee has
studied ordinances, draft ordinances, and preservation plans of
other California communities such as Santa Barbara, pasadena,#
West Hollywood, and Redlands as well as model ordinances from the
State Office of Historic Preservation. In formulating these
recommendations the subcommittee considered both concerns raised
by the commission in their review of landmark applications, as
well as the concerns expressed by the community regarding issues
of neighborhood preservation.
RECOMMENDED ORDINANCE REVISIONS
1. Combine Landmark and Historic District Criteria
Problem: Currently the historic district criteria is broadly
defined. Combining the historic district criteria with
the carefully defined landmark designation criteria
will make the analysis of what does or does not qualify
- 2 -
as
a historic district less vague
for
future
applications.
Revision: Merge criteria for individual landmarks and historic
districts. The following statement would be added to
section 9607 of the Landmarks Ordinance and section
9609 would be eliminated.
"The Landmarks Commission may approve the landmark
designation of a structure, improvement, natural
feature or object or recommend to City Council the
approval of an area for designation as a historic
district if it finds that the structure, improvement,
natural feature, object or area meets the following
criteria."
..
Justification: This would clarify and simplify key issues that
must be evaluated on to make a determination regarding
an individual structure or an area's merit as a
landmark or district.
This method is used by the state Office of Historic
Preservation (OHP) in their Model Ordinance and by the
City of West Hollywood.
2. Add New Criteria to Existing Designation Criteria
Problem: Need for criteria that address issues such as community
planning development trends, uniqueness and thematic
districts.
- 3 -
Revision: Expand designation criteria. The fOllowing additional
criteria would be added as Sections 9607 (E), (F), and
(G) of the Landmarks Ordinance.
1. It contributes to the significance of an historic
area,
being
a
non-contiguous
grouping
of
thematically related properties or a definable
area possessing a concentration of historic,
scenic, or thematic sites, and which contribute
to each other and are unified aesthetically, by
plan, physical development, or architectural
quality.
2. It reflects significant geographical patterns,
including those associated with different eras of
.-
settlement and growth, particular transportation
modes,
or distinctive examples of park or
community planning.
3. It has a unique location, singular physical
characteristic or is an established and familiar
visual feature of a neighborhood, community or
the City.
Justification: These findings are recommended in the OHP Model
Ordinance and were included in the West Hollywood
ordinance. Finding I has been modified to address the
issue of a district composed of non-contiguous sites.
criteria
such
as
these
broaden
the
scope
of
preservation efforts in the City, creating the ability
- 4 -
to recognize and protect a wider range of sites and
areas.
In addition, these criteria will enable the
commission to be more specific in the findings
supporting a landmark or historic district designation.
3. Refinement of Existing Landmark Designation criterion
Problem: Inability to recognize structures that are significant
as unique examples of an architectural or historical
type.
Revision: Section 9607 (D) of the Landmarks Ordinance would be
clarified to address issues of innovation and unique,
one of a kind, structures.
Existing Criterion D:
..
lilt
embodies
distinguishing
architectural
characteristics valuable to a study of a period, style,
method of construction, or the use of indigenous
material or craftsmenship.1I
Proposed Revision of criterion 0:
lilt
embodies
distinguishing
architectural
.
characteristics valuable to a study of a period, style,
method of construction, or the use of indigenous
material or craftsmanship, or is a unique or rare
example
of
an
architectural
design,
detail
or
historical type valuable to such a study."
- 5 -
Justification: Modification of this existing criterion stresses
the importance of structures that are unique or the
last remaining examples of a type. The ability to
designate landmarks based on these issues is important
because a structure's significance increases as it
ages, when there are fewer examples of its type, or if
it demonstrates unique, unusual qualities which cannot
always be defined as distinguishing architectural
design.
4. Thematic Districts
Problem:
Inability to recognize types of structures with
common theme that are located on scattered parcels
historic districts.
a
as
~
Revision: Change
section
sites.
the
9602
historic district
to specifically
definition stated in
include non-contiguous
Justification: This is a simple change to the ordinance that
would allow a thematic district if a scattered grouping
of structures met the significance criteria. The
National Register of Historic ~laces permits the
designation of multiple properties based on a related
theme rather than solely geographic boundaries.
- 6 -
5. Cultural Resource Sites
Problem: Inability to recognize structures that contribute to
the cultural identity of the City but are not
sufficiently distinguished to merit landmark or
district designation.
Revision: Adopt a new designation to recognize structures of
secondary architectural or historic merit.
Justification: This type of designation is essentially to
increase public awareness of preservation issues and to
give structures or sites that merit recognition under this
category limited protection from demolition. Demolition
of Cultural Resource Sites could be stayed for 180 day~
which could then be extended for an additional 180 days.
This time could be used to work with the property owner
and other interested parties in an effort to maintain the
property on site or relocate it within the city. Cities
such as Santa Barbara, Riverside, and Davis have similar
designations.
6. Recordation of Landmarks and Historic Districts
Problem: Need to improve public knowledge, particularly in the
realty community, of structures that are designated as
landmarks or included in a historic district.
Revision: Record all designated landmarks and structures within
historic districts with the County Recorder.
- 7 -
Justification: This would insure that potential buyers of City
landmarks would be aware of the property's status.
7. Maintenance Requirements
Problem: Need to clarify for owners of landmarks the meaning of
good maintenance and repair.
Revision: Strengthen the requirements for maintenance and repair
of city landmarks and structures within historic
districts.
Justification: Specifying in the ordinance the type of
maintenance an owner must perform, including securing
the property from vandals and complying with building
code regulations, protects landmarks from demolitions....
by neglect as well as notifies property owners of their
responsibilities.
8. Reconsideration of Applications
Problem: The pace of development in the City can quickly alter
the composition of structures with potential landmark
significance. Buildings previously denied designation
may gain significance if similar buildings are
demolished leaving fewer examples of its type in the
city. In addition, the evaluation of a building can
change if a better / more thoroughly researched
application is submitted for review.
- 8 -
~
Revision: Amend the time limit for reconsidering disapproved
applications for landmarks and historic districts by
allowing the Commission to waive the five year limit if
new information is available.
Justification: ~he ordinance currently requires a five year
delay before a landmark application can be
reconsidered. During the same amount of time, a
development project could be processed, approved, and
constructed. This creates the possibility that a
building, previously denied designation, could gain
significance in less than five years. The Landmarks
commission should have the opportunity to reevaluate
their decisions to insure that structures are not
..
demolished due to the Commission's inability to act.
In addition, if substantial new information is
presented to the Commission on a potential significant
structure they should have the ability to reopen the
application process at any time. Therefore, the five
year time limit could be waived by the commission if
substantial new information is presented, or if it is
determined that a building has gained significance due
to the demolition of other, similar, structures.
- 9 -
9. Required Commission positions
Problem: Maintain the Commission's credibility in evaluating
issues of architectural history.
Revision: Increase the number of "requiredll
Landmarks Commission to include
Architectural Historian.
positions on
the category
the
of
Justification: An Architectural Historian's expertise is
essential when evaluating if a potential landmark is
representative of the City's architectural history, of
the work of a noted architect, or embodies
distinguishing architectural characteristics from a
particular era. ~
10. Public Notification
Problem: Currently, the ordinance only requires that property
owners be notified of public hearings on landmark
designation, historic district designation, certificate
of appropriateness applications and certificate of
economic hardship applications.
Revision: Require that notification of public hearings on
landmark issues be sent to both property owners and
residents within the specified radius.
Justification: Although staff administratively requires
notification of residents, to insure
public
- 10 -
participation, the ordinance should be amended to
include all residents within the mandated radius.
11. Automatic Approval Provision
Problem: The intent of the Certificate of Appropriateness
application is to protect landmarks and to insure that
additions and alterations are compatible with the
historic building. Therefore, the burden should not be
on the Landmarks Commission to render decisions on
these applications in a time not to exceed 90 days.
Revision: Eliminate the automatic approval provision of
Certificate of Appropriateness applications.
Justification: If the Landmarks commission is unable to render a~
decision on a Certificate of Appropriateness
application after one 45 day continuance, the
commission believes that the application should not be
automatically approved, but rather denied without
prejudice, enabling the applicant to refile the request
at any time.
staff has concerns with a procedure that would
automatically deny an application because the City has not
been able to take action on the application within a
specified time. Therefore, staff recommends that the
applications comply with the same regulations as other
development pernd ts in the ci ty and be subj ect to the
requirements of the state Permit streamlining Act. This
- 11 -
requires that projects without environmental review be
acted upon within six months, and projects subject to
environmental review be acted upon within one year.
12. Building Interiors
Problem: Potential need to protect significant building
interiors that are routinely open and accessible to the
public.
Revision: Include significant interiors in landmark designations.
Justification: Significant interiors would be incorporated into
the landmark designation of a structure only if the
interior were routinely open to the public. Although
it is not anticipated that such a provision could be...
used frequently, a broadening of the commissionts
powers to include interiors would insure the protection
of significant public spaces.
Staff Comment: Staff is concerned that this provision should
only apply to specific portions of the interiors of
public buildings under publ ic ownership. staff
recommends that this application be limited to the
lobby of city Hall and the pier Carousel ground floor.
13. Permit Definition
Problem: Once the Landmarks Commission determines that an
application for landmark or historic district
designation merits formal consideration the issuance of
- 12 -
a permit to authorize the alteration of demolition of
the potential landmark or structure within a proposed
district is prohibited. However, since many different
types of permits are issued by City departments,
administrators, boards, and commissions, the ordinance
should specifically define what encompasses a permit to
avoid leaving this issue open to interpretation.
Revision: clarify the definition of a permit in sections 9608(E)
and 9610(E) .
Justification: Staff recommends that the definition of a permit
be clarified by listing each applicable permit by name
as follows: Any permit approved or issued by the
Zoning Administrator, the Planning commission, the~
Architectural Review Board, the Landmarks commission,
the Rent Control Board, or the Building Officer. Since
one or more of these permits are necessary as part of
the development process, staff believes it is critical
to stop work at the earliest possible opportunity since
the proposal could threaten the existence of a future
City landmark.
14. Timeline Clarification
Problem: While the Landmarks Ordinance requires that the city
Council hearing on a historic district application must
occur within 60 days of the Landmarks Commission I s
recommendation, when this 60 day clock begins is not
clearly stated.
- 13 -
Revision: Clarify the timelines specified in Sections 9610(G) and
(H) of the Landmarks Ordinance regarding the scheduling
of a public hearing before the City Council on a
historic district application.
Justification: Although the City Council may extend by motion
the time per iods for the process ing of landmark or
historic district designation applications, staff
believes that the Landmarks Ordinance should be more
specific as to the commencement of these timelines.
Demolition Ordinance Revisions
1. 30 Day Landmarks Commission Review Period
Problem: The current 30 day delay for review of demolition~
permi ts is not sufficient time for the Commission to
review and take action on a demolition permit and could
result in the loss of significant cultural resources.
Revision: Amend the existing Demolition Ordinance to allow the
Landmarks Commission 60 days to review demolition
permits.
Justification: An additional 30 days to review demolition
permits would insure that permits filed a few days prior
to the Landmarks Commission's regular meeting are
adequately reviewed. A longer review period also provides
the Commission with the time to research structures with
potential landmark merit.
- 14 -
2. Pre-1930 Rule
Problem: This issue addresses the age of the structures that are
reviewed automatically by the Landmarks Commission
prior to approval of a demolition permit. The current
pre-1930 rule ignores the fact that buildings gain
significance as they grow older and fewer examples of a
type remain.
Revision: Amend the existing Demolition Ordinance to require that
the demolition of structures older than 50 years be
reviewed by the Commission rather than just buildings
constructed prior to 1930.
Justification: The 50 years or older rule is a simple, commonly
used standard that recognizes the relationship betwee;
the progression of time, history, and preservation. In
addition, a rotating time line eliminates the need to
revise the ordinance in the future. The Landmarks
Ordinance also does not have an age eligibility
requirement, therefore, an overly restrictive age
cutoff in the Demolition Ordinance is inconsistent,
particularly since this cutoff date is useful primarily
as an administrative convenience. Further, the
National Register uses this 50 years or older standard
in determining a property's routine eligibility for
designation. It is important to note that the National
Register does permit buildings of less than 50 years to
be designated, however, a higher evaluation standard is
- 15 -
used.
Preservation Incentives
The following is a list of incentives that could be adopted to
encourage property owners to designate their sites and structures
landmarks. While the city I s Historic Resources Inventory has
identified many sites and structures as potential local
landmarks, Santa Monica only has 18 extant landmarks. Although
owner consent is not required by the ordinance, owner cooperation
is highly desirable. Therefore, in exchange for preserving
significant structures and in order to encourage property owners
to designate their buildings landmarks to increase the number of
landmarks and historic districts in the City, a variety of
preservation incentives should be considered.
..
1. Reduction in Building Permit Fees
Building permit fees for preservation work for
designated landmarks or structures within historic
districts would be reduced. For example, landmarks
could receive a 50% reduction from the standard fee
amount.
2. Reduction in certificate of Appropriateness Fees
Application fees for Certificate of Appropriateness
applications would be adjusted based on the nature of
the work being proposed. Higher fees could be imposed
on major projects such as a building relocation or
complete building restoration, while fees for small
- 16 -
projects or alterations could be eliminated.
cities, such as Los Angeles, Pasadena, and
Hollywood, have no fees for Certificate
Appropriateness applications.
Many
West
of
3. Architectural Review Board
currently, alterations to city landmarks not located in
the R-l zoning district are subject to a two tiered
design review process. First, property owners must
obtain the Landmarks Commission's approval of the
certificate of Appropriateness application. This
process requires a public hearing and public
notification. Following this approval, the project
design must be approved by the Architectural Review.,A
Board. Given that the composition of the Landmarks
Commission and the Architectural Review Board is
similar and that the Landmarks Commission also pays
particular attention to the issues of historic
integrity and compatibility, eliminating the
Architectural Review Board requirement would be cost
and time efficient for both the applicant and City
staff.
4. streetscape Improvements
Neighborhoods designated as historic districts could
become priority areas for undergrounding of utility
lines, or for receiving new street lights and signage
- 17 -
that is in keeping with the character of the historic
area.
5. zoning Incentives.
Consider reducing parking requirements and allowing
minor setback variances to facilitate the construction
of small addi tions to existing structures and
Conditional Use Permits to encourage the adaptive reuse
of historic structures.
6. Reactivate Funding for a Plaque Program.
In recognition of the historic designation, City
landmarks and areas designated as historic districts
are be eligible to receive plaques from the city. The~
program is existing but has not been funded for many
years. The language on the plaques would be subject to
the approval of the Landmarks Commission, pursuant to
Municipal Code Section 9605(F).
7. Mills Act.
The Mills Act is a state law that enables the owner of
a qualified historic building to enter into a contract
with the city and receive property tax relief in
exchange for preserving, maintaining, or to restoring
the historic structure, if necessary. A qualified
historic building is defined as "a privately owned
property which is not exempt from property taxation"
and is either listed on the National Register of
- 18 -
Historic Places or is listed in a local register of
historically or architecturally significant sites,
places, or landmarks. The contract requires the County
Tax Assessor to re-evaluate the property using a
capitalization of income method rather than market
value.
The result is a substantial reduction in
property taxes for post-Proposition 13 properties. The
city of Rancho Cucamonga has recently implemented the
Mills Act.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impact. However, should the Council decide to
amend the Landmarks Ordinance to reduce permit fees, an analysi~
will be conducted to determine the financial impact that will
occur.
RECOMJJ.\ENDATION
It is respectfully recommended that the council direct the City
Attorney's office to prepare revisions to the Landmarks Ordinance
as recommended by staff in this report and to direct Planning
staff to prepare a report outlining the specific components of
the recommended preservation incentives.
Prepared by: Paul Berlant, Director of Planning
Suzanne Frick, Principal Planner
Amanda Schachter, Associate Planner
Planning Division
Community and Economic Development Department
Attachments:
A. State Office of Historic Preservation Model
Historic Preservation Ordinance.
B. Mills Act
- 19 -
STATE OF CALIFORNIA - THE RESOURCES AGENCY
GEORGE DEUKMEJIAN, Governor
OFFICE OF HISTORIC PRESERVATION
OEPARTMENT OF PARKS AND RECREATION
POST OFFICE BOX 942896
SACRAMENTO, CALIFORNIA 94:<:9&0001
(9161445-8006
A~hVYl<.Y\--\- A
~
~
MODEL
HISTORIC PRESERVATION ORDINANCE
CERTIFIED LOCAL GOVERNMENT PROGRAM*
INTRODUCTION
Attached is a uModel Historic Preservation Ordinance" that may be used by
local governments interested in qualifying for the federal Certified Local
Government Program as administered by the California State Office of Historic
Preservation. It may also serve as a model for any jurisdiction interested in
seeking an effective and reasonable means of considering preservation of its
historic properties within the context of local or regional land-use planning.
This ordinance is intended for use by cities and counties, even though the
text refers only to cities and their administrative institutions.
Substitution of terms appropriate to the type of local jurisdiction involved ~
should be a relatively easy task.
Since each community is unique, this ordinance may be modified as necessary in
order to be responsive to local needs and conditions. Such modifications
should be prepared or at least examined by attorneys familiar with ordinances
and with historic preservation and land use legislation and case law.
Although modifications may be necessary, they should not depart from the model
so radically as to jeopardize the ability of a community to qualify as a
Certified Local Government.
Draft ordinances may be submitted for review to the National Trust for
Historic Preservation, Western Regional Office, One Sutter Street, Suite 707,
San Francisco, CA 94104 and to the Certified Local Government Program,
California State Office of Historic Preservation, P.O. Box 942896, Sacramento,
CA 94296-0001 in connection with applications for Certified Local Government
status.
*This model ordinance may be amended without notice in response to changing
requirements of the Certified Local Government Program, legislation, or case
1 aw.
Sect 1 on l.
Sectlon 2.
Sectlon 3.
Sect 10 n 4.
5ectlOn 5.
Section 6.
5 ec t 1 0 n 7.
5ectlon B.
Sectlon 9.
S ec t 1 0 n 10.
Section 1l.
5 ec t 10 n 12.
Sectlon 13.
Sectlon 14.
Sectlon 15.
Sectlon 16.
Sectlon 17 .
Sectlon lB.
MODEL
HISTORIC PRESERVATION ORDINANCE
CERTIFIED LOCAL GOVERNMENT PROGRAM
CONTENTS
~aqe
Tltle. . .
1
1
2
2
4
Purpose. .
Area of Appllcatlon.
Definitions. . . . . .
Hlstorlc Preservatlon Commisslon
Powers and Dutles of the Commlsslon.
5
Cultural Resource Deslgnatlon Criterla . .
7
Cultural Resource Deslgnatlon Procedures.
8
Certlficate of Appropriateness (Permit
Procedure a nd en te rl a). . .
9
State Historlc BUlldlng Code.
. . 12
Preservation Easements. . . .
. . 13
.13
Transfer of Development Rights
Certlficate of Economlc Hardshlp .
. . 13
Appea 1 s. . .
. . 16
Duty to Keep 1n Good Repair.
. 16
Ordinary Malntenance and Repalr.
, ..
. . . .:&.0
Enforcement and Penaltles. .
17
. . 17
Severabl1ity . . . . . . .
..................
HISTORIC PRESERVATION ORDINANCE
1. TITLE
ThlS chapter shall be known as the Historic Preservatlon Ordlnance by the
City of
2. PURPOS E
Whereas, the Clty Council of the City of
determined:
has
A. That the character and history of the City are reflected 1n 1tS
cultural. historlcal, and architectural heritage,
B. That these hlstorlcal and cultural foundations should be preserved
as livlng parts of COlTlllunity llfe and development to bUlld an understandlng of
the CltylS past so that future generatlons may have a genuine opportunlty to
appreciate, enJoy. and understand the rlch heritage of the City.
C. That in the face of ever increasing pressures of modernlzatlon and
urbanlzatlon, City landmarks, nelghborhoods. and other areas of hlstorical and
cultural lnterest are threatened with demol ition.
D. That pursuant to the provislons of the Natlonal H1StOrlC
Preservatlon Act of 1966. as amended. the City of joins
with prlvate concerns, the State of Callforma. and the United States Congress..
to develOp preservation programs and activities to glve maXlmum encouragement
to agencies and lndividuals underta~lng preservatlon of the Clty'S unique
archltectural, historlcal, aesthetic. and cultural heritage.
E. Therefore, the purpose of thlS chapter is to promote the publlC
health. safety. and general welfare and:
1. To safeguard the Clty'S unique cultural herltage as e~bodled
and reflected in the Clty'S archltectural history and patterns of cultural
develoJlTlent;
2. To encourage and faCllitate publ ic knowledget understanding,
and appreciation of the City's historic past and unlque sense of place;
3. To foster C1V1C and neighbor~ood pride and a sense of identity
based on the recognitlon and use of cultural resources;
4. To promote the enjoyment, eel ebrati on, and use of cul tural
resources appropnate for the education and recreation of tile people of tile
Clty;
5. To preserve dl verse architectural styl es, patterns of
developnent. and deslgn preferences refiecting phases of the Clty'S history
and to encourage complementary contemporary deslgn and constructlon and
ins pi re a more 1 i va bl e ur ban enVl ronment;
1
6. To enhance property values and to increase economic and
financ,al benefits to the City and its lnhabltants through the exploration of
creati ve financial 1 ncentives for preservatlon;
7. To protect and enhance the City1s attract10n to tourists and
V1S1tors thereby stimulatlng business and industry;
8. To ldentlfy as early as posslble and resolve conf1lcts between
the preservation of cultural resources and alternative land uses;
9. To lntegrate the preservation of cultural resources into publlC
and prlvate land use management and development processes;
10. To conserve valuable materlal and energy resources byongoing
use and malntenance of the existlng built environment;
11. To stablllze neighborhoods through the preservation of cultural
resources and establ lshment of hlstoric dlstricts and conservatlon zones;
12. To promote public awareness of the beneflts of preservation;
13. To lncrease the economic beneflts of preservation of cultural
resources to the Clty and its lnhabitants; and
14. To encourage publ ic participation in identlfYlng and preserving
hi stori cal and archi tectural resources thereby, ncreas. ng commun1 ty pn de 1 n
the City's cultural heritage.
..
3. AREA OF APPLICATION
ThlS chapter shall apply to all cultural resources with,n the Clty.
4. DEFINITIONS
A. "AlterationU means any change or modlflcation, through pu~,c or
pr1Vate acti on, to the character-defi ni ng or si gn ifi cant physi cal features
of propertles affected by this chapter. Such changes may be changes to or
modlficatlon of structure. archltectural details, or vlsual characterlstics.
grading, surface pavlng, the addltion of new structures, Guttlng or removal of
trees. landscaplng, and other natural features. disturbance of archeologlcal
sltes or areas. and t~e placement or removal of any s1gniflcant obJects such
as slgns, plaques, light fixtures, street furniture, walls, fences, steps.
plantlngs. and landscape accessorles affecting the signiflcant vlsual and/or
~lstorlcal quallties of the property.
B. UCertiflcate of Approprlateness~ is a certiflcate issued by the
HlstorlC Preservatlon Commlssion approvlng such plans, speciflcations,
statements of work, and any other lnfonnatlon WhlCh are reasonably required
by the Commlssion to make a declslon on any proposed alteratlon. restoration,
rehabilltation. constructlon, removal. relocation. or demolltion, in whole or
ln part. of or to a deslgnated resource, resource slte, or to a building or
structure within an ~istoric dlstrlct.
2
C. "Certiflcate of Econoffilc Hardship" is a certif1cate authorizing work
described in the accompanylng Certlflcate of Approprlateness granted by the
Comm1ssion because of extreme flnanclal privatlon or adversity and 1n
accordance wlth the procedures and flndings of this ordinance.
D. "Conservat1on Zone" means an area of the C1ty, whether commercial or
residentlal ~ a majonty of whose bUlldings are 50 years old or older, Wh1Ch
the City wishes to maintain and revital ize so as to emphas1ze their importance
to the past~ present. and future of the Clty.
E. IICultural Resource" means improvements. bUll dings, structures.
slgns, features. sltes. scenlC areas, views and vistas. places, areas.
landscapes, trees, or other objects of sClentiflc, aesthetic. educational,
cul tural. archl tectural . or hl storl cal si gnl fl cance to the Cl tl zens of the
Clty and the State of Cal ifornia. the Cal ifornla reg1on, or the
natlon which may be eliglble for deslgnatlon or deslgnated and determlned to
be appropr1ate for h1storic preservation by the Historic Preservation
Commlssion, or by the CHy Council on appeal. pursuant to the provislons of
thlS chapter.
F. "Demol itl on" means any act or process that des troys 1 n part or in
whol e an i ndl Vl dual cul tural resource or a cul tural resource or other
structure within an historic district.
G. IIDesign GUldelinesll means the principles contalned 1n a document
which illustrate appropriate and inappropriate methods of rehabil ltation and
construction. The purpose of uSlng design guidellnes is to aid design and
dec1sion-making wlth regard to retaining the integrity of scale, deslgn
intent, materials, feeling. patterns of development, and hlstorical character
of a cultural resource or hlstorlC district.
H. 'tDesi gnated Cul tural Resourcell means any improvement or natural
feature that has special hlstorical. cultural, aesthetlc~ or arch1tectural
character. 1nterest, or value as part of the development~ herltage, or ~lstory
of the Clty, the State of Callfornia. or the nation and that has been nomlnated
and deslgnated pursuant to thlS ordinance or nomlnated to the Natlonal Reg1ster
of HlstOflC Places. The designation shall specify the signif1cant exterlor
and 1nterior arch1tectural elements and natural features WhlCh are expressly
found by the Commlss1on to meet one or more of the cr1terla 1n Sectlon 7.
I. uDes1 gnated Sitell means a parcel or part thereof on Wh1 ch a cul tural
resource is or has been situated. and any abuttlng parcel or part thereof
constltuting part of the preffilses on which the cultural resource 15 sltuated,
and WhlCh has been designated a cultural resource pursuant to this ordlnance.
J. "Historic D1StrlCt" means any area contalnlng a concentratlon of
1mprovements which have a special character, histor1cal interest, or aesthetic
value. Wh1Ch possess integrlty of locat1on, design. sett1ng, materlals,
workmans~lp. feel ing. and association, or WhlCh represent one or more
archi tectural peri ods or styl es typi cal to the 111 story of the Cl ty. and that
has been deslgnated an historic dlstrict pursuant to thlS ord1nance or
nomlnated to the Natlonal Reglster of Historlc Places.
3
K. "Improvernentlt means any bUll ding, structure, place. fence, gate.
landscaplng, tree, wall, parklng faCl11ty, work of art, or other object
constltuting a physlcal feature of real property, or any part of such feature.
L. "Natural Featurelt means any tree, plant llfe. geographlcal or
geologlcal site or feature subject to the proviSl0ns of this chapter.
M. "Object" means a material thing of functional, aesthetlc, cultural.
s)1l1bollC, or scientl flC val ue.
N. ItOrdinary Malntenance and Repair" means any work, for which a
bUll ding permit lS nat required by law, where the purpose and effect of such
work is to correct any deterloratlon of or damage to a structure or any part
thereof and to restore the same. to its canditlon prlor to the occurrence of
such deterloration or damage.
O. "Potentlal Cultural Resourcelt means an improve~ent or natural
feature WhlCh may be nomlnated for conslderat1on by the Commiss1on and may be
designated under the condltion that either: 1) more research becomes avallable
regarding its eliglbllity, or 2) the resource is restored to 1tS orlglnal
conditlon, or 3) the resource is one of the few remaining examples in the Clty
of 1 ts type.
P. "Preservation" means the ldentlfication, study. protectlon.
restoratlon. rehabilltation. or acquisition of cultural resources.
Q. "Secretary of the Interior Standards for Rehabilitationlt means the
gUldelines prepared by the National Park Service for Rehabilitating Hlstoric ..
Buildlngs and the Standards for Hlstor;c Preservation Projects prepared by the
National Park Service with GU1delines for Applying the Standards.
R. "Signlflcant Feature" means t~e natural or man-made elements
embodY1ng style or type of cultural resource. design. or general arrangement
and components of an lmprovement, including but not 1 lmlted to, the klnd.
color, and texture of the building materlals. and the type and style of all
windows. doors, llghts, signs. and other fixtures appurtenant to such
improvement.
5. HISTORI C PRESERVATION COMMISSION
A. There is hereby establ ished in the Clty a Hlstorlc Preservation
Commlssion. herelnafter referred to as the "Commlsslon", consistlng of seven
unpald members appointed by the Clty Council. All members of the Comm1ssion
shall have a demonstrated lnterest in and knowledge of hlstorlc preservatlon
and the cultural resources of the C lty.
8. Five commlssioners shall be appointed from among professionals in
the dlSC1~ ines of archltecture, history, architectural hlstory, planning, or
other histor1c preservation~related discipl1nes. such as urban plannlng,
American studles, American CiVll izatlon. cultural geography, or cultural
anthropology. to the extent that such professionals are aval1able in the
community. Two commlssianers shall be lay members who have demonstrated
speclal lnterest, competence, experience, or knowledge 1n l'JlstorlC preserva-
tion. Amerlcan studles. cultural anthropology. cultural geography, or other
historic preservation-related disci~ine.
4
C. A quorum of the Commlssion shall be defined as flve votlng members.
D. The Comml 551 on shall develop and adopt its own operati n9 rul es and
bylaws, thereafter havlng the power and authorlty to perform all of the duties
hereinafter enumerated and prov1ded.
E. The inltlal appointment of the members of t~e Commission shall be as
follows: two for one year, two for two years. and three for three years.
Thereafter, appolntments shall be made for a three-year term.
F. Any vacancy in the offlce of any member of the Commiss1on shall be
fllled 1n 1 ike manner for the unexpired term of such office. As t~e term of
any member of the Commission explres. his successor shall be appointed in l1ke
manner as such member.
6. PO'rJERS AND DUTIES
The Commlss1on shall have the following powers and duties:
A. Adopt procedural rules for the conduct of 1tS business 1n accordance
wlth the prov1Slons of this chapter.
B. Establish criteria and conduct or cause to be conducted a
comprehenslve survey 1n conformance with state survey standards and
of cultural herltage resources withln the boundarles of the City.
and perlod1cally update the survey results.
gUldelines
Publ i ClIe
C. Recommend in accordance W1 th the cri terl a set forth 1 n Sectlon 7 the ..
designat10n of cultural heritage resources includlng indivldual propertles.
landmark sltes. conservation zones, and histor1c distrlcts.
D. Ma1ntain a local reglster of cultural heritage resources consistent
wlth the Natlonal Register of Hlstor1C Places crlter;a lncludlng ~lstoric
dlstrlcts. landmark sltes. and landmarks within the C1ty lnclud1ng all
informatlon requlred for each designatlon.
E. Revlew and comment upon the conduct of land use. hous1ng and
redevelopme~t. munlclpal improvement, and other types of plannIng and progra~s
undertaken by any agency of the Clty, the County, or State, as they relate to
the survey results and cultural heritage resources of the community.
F. Adopt prescrlptive standards to be used by the COQmlSS10n ln
reviewlng appllcatlons for perm1ts to construct~ change. ~ter. modlfy.
remodel. remove, or signiflcantly affect any cultural resource.
G. Conduct negoti ati ons on behal f of the Cl ty Councll regardi ng
recommendatlons for the purchase by the City of fee or less-than-fee 1nterests
ln property, transfer of development r1ghts, easements, or other mechanisms
for purposes of cultural herltage resources prevention.
H. Investigate and make recommendatlons to the City Council on the use
of var10US federal. state, local, or prlvate fundlng sources and mechanlsms
avalla~e to promote cultural resource preservatlon 1n the Clty.
5
1. Approve or disapprove, in whole or ln part. or approve with
cond1tlons, applications for permlts pursuant to Sectlon 9 of thlS chapter.
J. ReVlew all appl ications for permlts. env1ronmental assessments,
enVl ronmental impact reports, envi ronmental lmpact statements, and other
similar documents as set forth in thlS ordlnance, pertalning to deslgnated and
potential cultural resources. or related nelghborlng property within publlC
view. The Development Depart~ent shall forward all such documents to tne
Commission for reVlew and comment, prlor to review and approval by the
Planning CommlSSlon as approprlate.
K. Review the actlons and proposed actions and advlse environmental
review processes of all City departments and pub',c agencies concernlng the
effects of their actions, programs. capital improvements, or activities on
deslgnated and potential cultural resources.
L. Consider whether denial of Certificates of Appropriateness (per~lts)
affecting cultural resources results 1n econom1C hardshlp to the property
owner accordlng to t~e procedures outllned in Section 10.
M. Recommend hlring staff, retaining consultants and conductlng studles
as the Comm15sion deems desirable or necessary. by the City Councl1.
N. Cooperate with local. county. state, and federal governments l~ the
purs ui t of the objectl ves of cul tural resource preservati on.
O. Assume whatever responsibilities and duties may be assigned to It by
the state under the Certified Local Government ProviSlons of the Natlonal
Hlstoric Preservatlon Act of 1966 as amended.
..
P. Keep minutes and records of all meetings and proceedings lncludlng
votlng records, attendance. resolutlons, flndings, determinatlons. and
decl Slons. All such materl al shall be publ ic record.
Q. Provide opportumty for duect public partlcipatlon ln all
responsibilltles deleted to the Certified Local Government includlng the
survey and Natlonal Register nomination process. Commlssion meetings shall be
open to the publ1C wlth publlshed agenda and mlnutes in accordance wlth the
Callfornia Open Meeting Act. The published agenda shall be malled in advance
of meetlngs to indlviduals and citizen organizations interested ln the
Commlsslon1s activltles.
R. Render advice and guidance. upon the request of the propertyowner
or occupant, on the restoratlon, alteratlon, decoration. landscaping, or
mal ntenance of any cul tural resource 1 ncl Ud1 ng 1 andmar ks, 1 andmar k s 1 tes .
hlstorlc dlstricts. or neighborlng propertles within pUblic Vlew.
S. Encourage and render advlce and guidance to property owners or
occupants on procedures for inclusion of a cultural resource on the Natlonal
Register of Historic Places.
T. Participate in, promote, and conduct pub11C informatlon, educational.
and lnterpretive programs pertaining to cultural resources preservation.
6
u. Confer recognition upon the owners of landmarks or property or
structures within historlC dlstricts by means of certificates, plaques. or
markers, and from time to tlme issue commendations to owners of cultural
resources who have rehabllitated thelr property in an exemplary manner.
V. Undertake any other action or activity necessary or approprlate to
the im~ementation of its powers or duties to fulfill the obJectlves of
cul tural resource preserva t ion.
7. CULTURAL RESOURCE DESIGNATION CRITERIA
For the purposes of this chapter, an improvement, natural feature, or
site may be deslgnated a cultural resource by the Historic Preservation
Commlssion and any area withln the Clty may be deslgnated an historlc dlstrlct
by the Commission pursuant to Sectlon 8 lf lt meets the crlteria for llsting
on the National Register of Historic Places or the followlng:
A. It exempllfles or reflects special elements of the Clty'S cultural,
soclal, economlC, pol itical, aesthetic, engineering, arch'tectural, or natural
hlstory;
B. It is identlfied with persons or events significant in localt state,
or natl anal hi story;
c. It embodies dlstinctive characteristics of a style. type. period, or
method of constructlon. or is a valuable example of the use of indigenous
materlals or craftsmanship;
..
O. It is representatlve of the wor~ of a notable bUllder, deslgner. or
archltect;
E. It contributes to the signiflcance of an hlstorlc area. belng a
geographically definable area possesslng a concentration of historic or scenlC
properties or thematically related grouping of propertles WhlCh contrloute to
each other and are unlfled aesthetlcally by plan or physical development;
F. It has a unique location or singular physlcal characteristics or is
a Vlew or vlsta representlng an establlshed and faml1iar visual feature of a
nelghborhood, community, or the City of
G. It embodies elements of architectural design, detall, matenals. or
craftsmanship that represent a significant structural or architectural
achievement or 1nnovatlon;
H. It 15 similar to other distinctlve properties, sites. areas, or
objects based on a historlC, cultural, or architectural motlf.
1. It reflects signiflcant geographical patterns, includlng those
associated wlth different eras of settlement and growth. partlcular
transportatlon modes. or dlstinctlve examples of park or community planning.
J. It lS one of the few remalning examples in the City. reglon. state,
or natlon possesslng dlstinguish1ng characterlstics of an architectural or
hlstorlcal type or speclmen.
7
8. CULTURAL RESOURCE DESIGNATION PROCEDURES
Cultural resources and historic distrlcts shall be established by t~e
CltyCouncll in the followlngmanner:
A. Any person or group may request the designatlon of an lmprovernent as
a cul tural hen tage resource or the desi gnati on of an hl stOrl c dl stn ct by
submitting an appl ication for such deslgnation to the Commisslon. The
nomination application shall contain suff1cient documentatlon and lnfonnatlon
lnd1cating how the nominated resource meets t~e crlterla for designatlon as
indicated in thlS ordlnance. The Commission or Clty Councll may also initiate
such proceedings on thelr own motion. Notification of the nomination shall be
sent to the property owner(s) and occupant(s) of the property wlthin th1rty
(30) days of the recelpt of the nomlnation.
B. The Commisslon shall make a preliminary determlnation based on the
documentation requlred as to whether the nomination appl icat10n lS approprlate
for conslderatlon. If the Commlsslon determines that the application merlts
consideration~ but only if it so determines. lt shall schedule a public
hearing With due speed.
c. The Commissionts decision to schedule or not to schedule a pub11c
hearing shall be 1n writing and shall be flled with the Director of t~e
Development Depart~ent (City Planning) and the City Clerk. Notlce of a
declsion not to schedule a pu~ic hearing shall be given by mall to the
applicant.
D. No bUildlng. alteration, demol 1tion, or removal permits for any
improvement~ bUlldlng, or structure within the proposed hlstorlC distrlct or
relative to a nominated cult~ral resource shall be issued while the publlC
hearlng or any appeal related thereto 1S pending.
~
E. In the case of a proposed cul tural resource and cul tural resource
s1te, notlce of the date, place, time, and purpose of the heanng shall be
give1 by first class mall to t~e appllcants, owners. and occupants of the
lmprovement at least thlrty (30) days prior to the date of the pu~ic Mearlng,
USing the name and address of such owners as shown on the latest equallzed
assessment rolls, and shall be advertised at least once In a newspaper of
local circulation.
F. In the case of a proposed historic distrlct, notice of the date,
place. tlme, and purpose of the he~rlng shall be gl'1en by flfst class mall to
the appl lcant, owner, and occupant(s) of all propertles wlthin the proposed
dlstrlct at least thlrty (30) days prior to the date of the public hearlng,
using the name and address of such owners as Shown on the latest equalized
assessment rolls, and shall be advertlsed five consecutive days in a daily
newspaper of general circulation.
G. At the conclusion of the publ ic hearlng. but in no event more than
thirty (30) days from the date set for the initial public hearing for the
deslgnatlon of a proposed cultural resource or historic district, the
Commlsslon shall recommend approval in whole or in part. or dlsapproval ln
whole or in part, of the appl ication ln writlng. The CommiSSion's
recoll1ilendatlon shall 1 ncl ude fl nd1 ngs of fact rel atlng to the criter1 a for
8
~
deslgnatlon 1n Sectlon 7 that constltute the basls for lts declSlon and shall
transmit 1tS recommendat1on to the Clty Council. the property m"mer, and the
appl i cant.
H. The Ci ty Council t Wl thl n thi rty (30) days of rece1 pt of the
recommendations from the Commisslon, shall by ordinance approve the
appllcatlon in whole or in part. or shall by motion dlsapprove it In its
entirety. Recommendatlons by the Commlssion for designat10ns shall be acted
on by the City Councll within thirty (30) days. If the Councll falls to act
with1n the thirty (30) day perlod. the recommendation of the Commiss1on for
des1gnatlon shall be deemed approved.
I. Failure to send any notice by mail to any property owner where the
address of such owner lS not a matter of publlC record shall not lnvalldate
any proceedlngs 1n connection w1th the proposed deslgnatlon. T~e Commisslon
and Counc11 may also give such other notlce as they may deem deslrable and
practl cabl e.
J. The Commission shall not recommend that a resource be removed from
the City's 11st of deslgnated cultural resources unless it is dlscovered that
the lnformatlon relied on by the Commission and t~e City Councll in maklng the
on gi nal desi gnatl on was erroneous or fal se. or that ci rcumstances wholl y
beyond the owner's control have rendered the resource lnellgible for
designatlon based on the criteria listed 1n Sectlon 7 and it would be
1 nfeas 1 bl e to res tore the resource.
K. Designatlons must be recorded with the County of
De pa rtr.1ent 0 f
.a
9. CERTIFICATE OF APPROPRIATENESS (PERMITS)
A. All permits for alteratlon. restoratlon. rehab1l1tatlon. r€'l1odellng,
addltlon, c~ange of use. demolltlon or relocation for deslgnated cultural
resources and properties located in hlstoric dlstricts shall requlre a
Certlficate of Appropriateness from the Commisslon.
B. All pennlts for work on a designated cLJltural resource shall follow
the procedures listed below ln processing applications for obtalnlng
Certlflcates of Appropriateness and approval of work covered by thlS chapter.
C. No perml ts for work on a nomi nated cul tural resource s hall be
awarded untll el igi bi 1 ity for des 1 gnatl on has been determl ned or the
des1gnatlon process has been lntlated 1n accordance wlth thlS section and a
Certlflcate of Appropriateness. lf appl lcable, has been secured.
D. Any work or project by the Clty of or
ltS agents that can result In changes to the character or use of potentlal
c~tural resources, historlC distr1cts, or neighborlng property with1n pu~ic
Vlew shall follow procedures outl ined below for obtainlng a Certlflcate of
Approprlateness. The proposed work or project shall follow the Secretary of
the Interior.s Standards for Rehabllitatlng Hlstorlc BUlldlngs and the
Standards for Historlc Preservatlon Projects.
9
E. All applications for Certificates of Approprlateness shall be
submi tted to the Comml SSl on for a pprova 1. The Devel 0 ]Jilent Department
(Planning Department) shall report any appl lcation for a permit to wor~ on a
designated cultural resource to the Commlss1on and its staff. The appl,cant
is encouraged to confer with Commlsslon staff prlor to subm1ttlng an
application.
r
F. The Commiss1on shall promulgate and publ ish such standards as are a
necessary supplement to the provislons of thlS article to inform property
owners and the general publ ic of those standards of review by which
applicatlons for Certlficates of Appropriateness are to be Judged.
G. In evaluating appl ications for Certificates of Appropriateness, the
Commlssion or the City Councll upon appeal shall conslder the existing and
proposed archltectural style, deslgn, arrangement. texture, materials, and any
other factors with regard to the orlglnal dlstlngulshing archltectural
characteristics of the designated resource. Using the Secretary of the
Interlor's Standards for Historlc Preservatlon Projects as a gUlde, the
Commission or Clty Councll upon appeal shall approve the issuance of a
Certlflcate of Appropriateness for any proposed work If and only if lt makes
the following findlngs:
1. With regard to a designated resource, the proposed work will
neither adversely affect the slgnificant architectural features of the
designated resource nor adversely affect the character of historical.
archltectural, or aesthetic interest or value of the designated resource and
its s 1 te .
..
2. Wlth regard to any property located wlthin an historic
district, the proposed work conforms to the prescriptive standards and deslgn
guidelines for the distrlct adopted by the Commission, and does not adversely
affect the character of the distrlct.
3. In the case of eons trueti on of a new improvement. add1 ti on,
bUll dl ng, or structure upon a desi gnated cul tural resource sHe. the use and
exterior of such improvements wl1l not adversely affect and will be compat1ble
wlth the use and exterior of existing deslgnated cultural resources. lmprove-
ments. bUll dings, natural features, and structures on said site.
H. Applieatlons for Certlficates of Appropriateness shall be fl1ed
wlth the CltylS Development Dlrector (Plannlng Department) for process1ng.
Applications shall include ~ans and speclflcatTons showlng the proposed
exterlor appearance and texture of materials and the proposed architectural
deslgn of the exterlor of the structure. Where required by the Commlsslon.
appl icatlons shall also show the relatlonshlp of the proposed work to the
surrounding enV1rons. Applications for new construction in historic d1strlcts
shall also include lnformatlon pertaining to scale, massing. relatlonship to
site and streetscape, landscaping, and signage. The application shall be
accompanied by any other information that the Commission determlnes lS
required for them to make an informed Judgment of the proposed work accordlng
to the standards of reVlew in Section 9.
10
1. The Commlssion shall establlsh guidel ines for determlnlng WhlCh
types of applications for Certlflcates of Approprlateness should be set for
publ ic hearlng. The Development Director (Plann1ng Director) or the Commisslon
may set a publlC hearing if of the oplnlon that a hearing lS In the publlC
i nteres t.
If a public ~earing is held~ it shall be scheduled not more than
Slxty (60) days from the date of appllcatlon. Notlce of the hearing shall be
given by sending written notice to all propertyowners and residents wlt~in
500 feet of the property for WhlCh application has been made. Notices shall
be malled no less than ten (10) days prior to the ~earlng. Fa11ure to send
any not1ce by mail to any property owner or resident where the address of such
owner lS not a matter of publlC record shall not inval ldate any proceedlngs ln
connection with an application for a Certlficate of Appropriateness.
J. Publ lC testimony shall be ta~en on any apolicatlon for a Certlficate
of Approprlateness for due Commisslon conslderation.
K. If the Commission fails to consider an appl icatlon for a Certificate
of Appropriateness w1thln ninety (90) days of the date of submisslon of the
appl ication~the Dlrector of Development (Dlrector of Plannlng) shall issue the
Certlficate of Approprlateness. If an appeal to the Clty Council is filed
w1thln ten (10) days fram the date of a Commission decision on an application,
no Certlficate of Appropriateness shall be issued until the outcome of the
appeal is deterllllned by the City Council.
After the permlt has been issued. the Dlrector of Developme~t
(Plannlng Director) or hiS/her deslgnee shall. from time to time. inspect the
work approved by the Commlssion in order to assure compl1ance. If the work 1S
not being performed in accordance with the Certlficate of Appropriatenesst a
stop work order shall be issued and all work shall cease.
L. A Certiflcate of Appropriateness shall become vOld unless
construction is commenced within 18 months of the date of issuance.
Certificates of Appropriateness may be renewed for a 36~month perlod by
applying to the Commission staff. If the proJect is not completed wlthin
36 months after the expiration of the last building permitt a new Certiflcate
of Appropriateness shall be required to complete work.
11. If no bUlldlng or other permlt is required to pursue work on a
designated resource. whoever is responslble for the work, w~ether it lS the
tenant. residentt or property owner. shall apply for a Cert1flcate of
Appropriateness to the Commisslon staff directly.
N. Such appl1cations for a Certificate of Appropriateness shall be
accompanled by such materials as are required by the Commission and are
reasonably necessary for the proper review of the proposed project.
o. In review of Certlflcates of Approprlateness sought in order to
wholly or partlally remove or demol ish a cultural resource. cultural resource
site. or historlC district. the Commission may approve or disapprove the
lssuance of said cert1ficate or certificates.
11
P. For any deslgnated cultural resource. the Commission may give a
Certlflcate of Appropriateness on approval of the Planning Commission for a
change of use of a property provided the followlng flndings can be made~
1. The change of use is required for an adaptlve re-use of the
resource and is co~patible wit~ the neighborhood 1n WhlCh it is located.
2. The adaptlve re-use of the resource w1ll result ln substantlal
restorat1on of the slgnificant architectural features, facade, or structure of
the resource in conformance with the Secretary of the Interior1s Standards for
Preservatlon ProJects.
3. The change of use will not impair the archltectural. aesthetic,
hi stori cal. or natural integrity of the resource.
4. The change of use wl11 occupy only the original square footage
of the resource or any portion thereof. In the case of a slngle structure, lf
the structure contalns more than flve resldentlal unlts. one unlt must be
reta1ned in vJhole as a residential unit.
5. The appl icant has made reasonable efforts to secure the facade
or other features of the resource in perpetulty.
6. The change of use is to a use of the followlng types~
a) Sma ll-scal e off1 ce uses with 1 imited employment and
vlsitation needs, lncluding but not llmlted to offices for an archltect,
landscape architect, lnterior deslgner, graphic artlst. real estate broker, ~
consultlng flrm. attorney, and artist stUdl0S, or
b) Retail sale of items related to local hlstory and historlc
preservation, including not but llmlted to antiques, books, art. and
handi crafts; provi ded that such use 1 s cl earl y inci dental to all other
princlpal uses on the site and does not exceed 700 square feet in floor area.
Q. The Commisslon may lncorporate in any Certificate of Appropr1ateness
such condit1on or condltions, if any, as the Commiss1on may flnd necessary or
deslrable to effect the purposes of this ordinance and may speclfy that
certaln of such conditions shall be covenants running with the land.
R. jJ hen the Comml ssi on has a pproved a pl an for the preservatlon of a
cultural resource, hlstoric distrlct, or neighborhood conservation area WhlCh
sets forth partlcular development standards. an applicatlon to the CommiSSlon
to do work consistent with the aporoved plan development standards may be
approved by the staff person deslgnated by the Commlss10n. If such staff
person does not approve the application, lt shall be processed as set forth in
this chapter.
10. STATE HISTORIC BUILDING CODE
The Cal lfornia State Historlc BU11dlng Code (SHBC) provldes alternative
bUllding regulatlons for the rehabl1ltation, preservation, restoratlon, or
relocation of structures deslgnated as cultural resources. The SHBC shall be
used for any deslgnated cultural resource ln the Clty'S bUlldlng permlt
procedure.
12
11. PRESERVATION EASEHENTS
Preservatlon easements on the facades of bUlldlngs deslgnated as a
cultural resource may be acquired by the City or nonproflt group through
purchase, donation. or condemnatlon pursuant to Cal ifornia C1Vll Code 815.
12. TRANSFER OF DEVELOPMENT RIGHTS
A. T~e Comm1ssion may authorize, upon approval of the Clty Council. the
transfer of unused development rlghts from designated ~~ltural resources to
other parcels 1n the Clty as part of a speclfic plan provided that:
1. The designated resource must be rehabllltated to the Secretary
of the Interior's Standards for Hlstorlc Preservation before it 1S el 19lble to
sell unused development rights,
2. The TDR amount that can be transferred from a site 15
calculated by deductlng the denslty of the deslgnated resource from the base
floor area rat10 allowed on the resource sltes
3. The receiving slte cannot 1ncrease its denslty more than 2.5:1
beya nd the base zo nl ng .
13. CERTIFICATE OF ECONOMIC HARDSHIP
A. Appllcation of a Certiflcate of Economlc Hardship shall be Iilade on a
form prepared by the Historic Preservat10n Commission. The Commlsslon shall
schedule a publlC hearing concerning the appllcatlon and provide not1ce 1n the ..
same manner as in Section 8 of this ordinance, and any person may testlfy at
the hear1ng concernlng economic hardship in the same manner as provlded 1n
Sectlon 8 of this ordlnance.
B. The Commlssion shall review all the eVldence and information
required of an applicant for a Certificate of Economic Hardsh1p and make a
determlnat10n wlthin forty-five (45) days of receipt of the appllcatlon
whether the denial of a Certificate of Appropriateness ~as deprived, or wl11
deprive. the owner of the property of all reasonable use of. or economic
return on, the property. Wrltten notice of the determlnat10n shall be
prov1ded ln the same manner as required by Section 8.
C. If the appllcant presents facts and clear evidence demonstratlng to
the Commlsslon that failure to approve the appl icatlon for a Certlflcate of
Appropriateness wlll cause an immedlate extreme hardshlp because of condltlons
pecullar to the partlcular structure or other feature lnvolved. and the damage
to the owner of the property lS unreasonable in comparison to the benefit
conferred to the community, the Commission may approve or conditlonally
approve such certlflcate even though it does not meet t~e standards set forth
hereln. The Commission shall hold a publ ic hearing in order to determ1ne
whether a Certlflcate of Approprlateness will be approved or denled. A
CertlflCate of Economlc Hardshlp shall be accompanled by a written
determlnatlon, based on the following findings:
1. Den1al of the application will dlminish the value of the
subJect property so as to leave substantlally no values
13
2. Sale or rental of the property 1S impract1cal. when compared to
the cost of hold1ng such property for uses perm1tted ln thlS zone,
3. An adaptive reuse study has been conducted and found that
utilization of the property for lawful purposes 1S prohlblted or Impractical,
4. Rental at a reasonable rate of return is not feasible.
5. Denlal of the Certlficate of Appropriateness would damage the
owner of the property unreasonably ln comparison to the benefit conferred on
the cor.munity. and
6. All means 1nvolving City sponsored incentives, such as transfer
of development rights, tax abatements. financial assistance, bUlld1ng code
modlflcations. changes In the zonlng ordlnance, loans, grants, and
relmbursements, have been explored to relleve posslble economlC dlslnce~tlves.
O. The Commlsslon shall be authorlzed to request the appl icant to
furnish materlal eVldence supporting hlS request for a Certlficate of Economic
Hardship or shall furnish eV1dence or test1ffiony to complete the appl ication
for Certificate of Econoffilc Hardsh1p including any or all of the following:
1. Cost estimates of the proposed construction, alteratlon,
demolition, or removal. and an estimate of the additlonal cost{s} that wOtlld
be incurred to comply with the recommendations of the Commisslon for lssuance
of a Cert1ficate of Appropriateness.
2. A report from a 1 icensed engineer or arch1tect wlth exper1ence ..
in rehab1l itation as to the structural soundness of any struct:Jres on the
property and the1 r suitabi 1 ity for rehabll itati on.
3. Estlmated market value of the property in Its current
co ndl t1 on; es ti mated market val ue after compl etl on of the proposed
construction, alteration, demolltiont or removal; after any changes
recommended by the Comm1ssion; and, 1n the case of a proposed demol itlon,
after renovation of the existing property for contInued use.
4. In the case of a proposed demolltion, an estimate from an
arch1 tect, developer. real estate consul tant. a ppra 1 S er. or other real estate
professlonal exper1enced ln rehabil 1tatlon as to the economlC feaS1J1llty of
rehab111tation or reuse of the eXlsting structure on the property and its
mar~et value for contlnued use after rehab1l itatlon.
5. For 1ncome-producing propertles, informat1on on annual gross
1ncome. operatlng and maintenance expenses. depreciatlon deductlons and annual
cash f1 ow after debt servi ce, current property val ue a ppra 1 sal s, assessed
property valuations, real estate taxes, and any other information considered
necessary by the Commission to determlne whether substantIal evidence of
economlC hardshlp eXlsts.
6. Rema1nlng balance on any mortgage or ot~er financ1ng secured by
the property and annual debt serV1cet if any, for the prevl0US two years.
14
4'
7. All appralsals obtained with1n the previous two years by the
owner or applicant 1n connection wlth the purc~ase, financing, or owners~lp or
the property.
B. Amount pald for the property, the date of purchase, and the
party from whom purchased. lncluding a descript10n of the relatlonsh1p, ,f
any, between the owner of record or appllcant and t~e person from whom the
property is purchased. and any terms of financlng between the seller and
buyer; any 1 1sting of the property for sale or rent, price asked, and offers
received, if any, within the prevlous two years.
9. Assessed value of the property accordlng to the two most recent
ass essments .
10. Real estate taxes for the prevlous two years.
11. Form of ownershlp or operation of the property, whether sole
proprietorship. for-profit or nonproflt corporatlon, 1 imited partnershl~,
Joint venture, or other.
12. Any other lnformatlon. including the income tax bracket of the
owner. appllcant, or prlnclpal investors 1n the property consldered necessary
by the Commisslon to a determination as to whether the property does yield or
may Yleld a reasonable return to the owners.
E. In considering an appl ication for a Certiflcate of Economlc
Hardship, the Commission must make a finding that wlthout approval of the
proposed demolition. alteration, renodel1ng, r8Tlovel, or construction, all
reasonable use of or return from a deslgnated landmark or property withln an
historic district will be denied a property owner. In thlS context, personal,
fam1ly, or f1nanclal difflculties, loss of prospective profits, and
nelghboring violatlons are not Justlflable hardships. In the case of a
proposed demolitlon. the Commission must make a findlng that the designated
landmark cannot be remodeled or rehabll1tated in a manner WhlCh would allow a
reasonable use of or return from the property to the property owner.
..
F. In the case of a flnding of economic hardship. this finding shall ~e
accompamed by a plan developed by the City and/or applicant to relleve
economic hardship. ThlS plan may 1nclude~ but is not limlted to, property tax
rel1ef, loans or grants from the City or other private sources. acquiSition by
fee purchase or eminent domain, use of the State Historic BUlldlng Code.
redevelopment funds, development fees for h1storic preservation. changes ln
appl1cable zoning regulations, transfer of unused develoJ1Tlent rlghts, or
relaxation of the prov1sions of thlS ordinance sufflcient to allow reasonable
benefIcial use or return from the property. The Commlss;on and the Clty shall
have a period not to exceed one hundred twenty (120) days to make
recommendations and develop and adopt a plan:" order to rel ieve economIC
hardshlp and to allow the applicant a reasonable use of. and economlC return
from, the property or otherwise preserve the subject property.
G. If, by the end of thlS one hundred twenty (120) day period, the
Commlssion has found that without approval of the proposed works the property
cannot be put to a reasonable economic return therefrom, then the Commlsslon
shall lssue a Cert1f1cate of Economic Hardship approving the proposed work.
15
If the Commisslon finds otherwlse, It shall deny the appllcatlon for a
Certlflcate of Economic Hardship and notlfy the appl1cant by ~all of the flnal
deni al .
.
H. If approval of a Certiflcate of Economlc Hardsh1p will result ln the
demolition of a nominated or designated cultural resource, the applicant shall
be requlred to provide documentatlon of the resource proposed for demolltlon
to the standards of the Historic American Buildlng Survey. Such documentatlon
may include photographs, floor plans. measured drawings. archeolog1cal survey,
or other documentatlon stipulated by the Commisslon.
14. AP PEALS
Any action by the Commisslon may be appealed by any interested party to
the Clty Council lncluding but not lim1ted to the follow1ng:
A. The Commlsslon1s decision not to hold a publ1C hearlng on an
application for deslgnation of a cultural resource or historlc distrlct;
B. A determination made after a publ 1C hearing not to designate a
proposed cultural resource or historic dlstrict;
C. The CommlsS1on's declsion to grant or to not grant a Certiflcate of
Approprlateness or Cert1ficate of Econoffi1c Hardshlp.
Any interested party may appeal by fll ing a notlce of appeal wlth the
City Council not later than ten (l0) days after the Commlsslon's wntten
decision has been flled wlth the Clty Clerk. Sald notice shal1 be accompanled"
by a set fee in an amount to be determined by the Clty Council. The City
Council shall schedule a public hearing to be held no later than thlrty (30)
days after the notice of appeal 15 flled. and shall render lts declslon wlt~l1n
thirty (30) days of said hearlng date.
15. DUTY TO KEEP IN GOOD REPAIR
The owner. occupant. or other person in actual charge of a cultural
resource or an improvement, bUlldlngl or structure 1n an historlC dlstrlct
shall keep 1n good repalr all of the exterior portions of such improvement,
bU11dlng. or structure. all of the interior port1ons thereof when subject to
control as speclfled in the designati~g ordinance or permitl and all interior
portlons thereof whose maintenance is necessary to prevent deterioratlon and
decay of any exterlor arch1tectural feature.
It shall be the duty of the Dlrector of Development (Plann1ng Deparu~ent)
to enforce this sect1on.
16. ORDINARY MAINTENANCE AND REPAIR
Nothing in thlS chapt~. shall be construed to prevent t~e ordlnary
malntenance or repair of any ex ~lor architectural feature 1n or on any
property covered by this chapter that does not lnvolve a change ln design.
materlal. or external appearance thereof, nor does tillS ordinance prevent the
constructlon, reconstruction, alteration. restarat1on. demolit1on. or removal
of any such arch1tectural feature when the Director of Development (Plannlng)
16
f
certlfies to the CommlsSl0n that such action lS required for the publlC safety
due to an unsafe or dangerous cond1t1on which cannot be rectlfied through the
use of the Cal ifornia ~tate Hlstoric Building Code and when suc~ architectural
feature can be replaced according to the Secretary of the Interlor's Standards.
17. ENFORCEMENT AND PENALTIES
A~ Any person who v101ates a requirement of thlS ordlnance or falls to
obey an order lssued by the Commisslon or comply with a condltlon of approval
of any certlficate or perm1t lssued under this c~apter shall be gUl1ty of a
misde~eanor and subject to provislons of Sectlon 1200(a) of this Code.
B. Any person who constructs, alters, removes. or demolishes a cultural
resource 1n v1olatlon of th1S chapter shall be requ1red to restore the
bUlldlng~ object, site~ or structure to its appearance or settlng prior to t1e
violatlon. Any actlon to enforce thlS provislon may be brought by the Clty of
or any other ; nteres ted party. Th1 s ci vi 1 remedy s ha 11
be 1n addlt10n to. and not ln lieu of, any crlmlnal prosecution and penalty
and other remedy provided by law.
18. 5 EVERAB ILITY
If any sectlon. sentence. clause, or phrase of this chapter is for any
reason held to be invalld or unconst1tutional by a declsion of any court of
competent jurlsdlctlon, such decision shall not affect the valldlty of the
remalnlng portlons of t~is chapter. The City Council hereby declares that it
would have passed thlS ordinance and adopted this chapter~ and each section,
sentence, clause, or phrase thereof. lrrespective of the fact that anyone or ;
more sections. subsect1ons~ se~tences. clauses. or phrases be dec1ared lnval id
or unconstltutional ~
PASSED~ APPROVED. AND ADOPTED this
day of
~ 19
11ayor
ATTEST:
Clty Clerk
D-6453H
17
AAo..GVl W\~V\.+ 13
t
West's
.
.
ANNOTATED
CALIFORNIA CODES
~-~~
GOVERN~IENT CODE
..
Sections 50280 to 50290
Volume 36
1986
Cumulative Pocket Part
lwfIJ.r..s ACT
-
Sec.
50280.
50280.1.
50281.
50281.1.
50282.
50284.
50285.
50286.
50287.
50288.
50289.
5C290.
A...'q TIC LE 12
HISTORICAL PROPERTY COtITRACTS
Restriction of use ot property; application of
owner
~ualitied historical property
Required provisions of contract
Contract fee
Re~e~al; nonrenewalj notice; protest; recorcationj
effect
Cancellation; glo~ds
Cancellation; noticej hearL~g
C~~cellationj feej paJ~ent
Action to enforce contract; parties
Acquisition of property by eminent domain; cancel-
lation of contract; inapplicability to dete~nation
of value
;~~exation by city of property under contract to
..
co~~ty; r~ghts and duties ot city
Consultation wl~h 5~ate ccam~s5icn
i sozso. IY~:su''!C'"Jon ot UM at pl"Operty; Ip~lics&n of awna'
C:lOO :,...e l~~ill:::~:::lO!l ot a..'l O~e:r or t.he alent ot Ul o~er ot allY q"'....b!i~ luswr-a.! ~r'Oper":y ~
d~~=l!'d :r. ~~e..5028O L ~':I!! :ef'..!!&!:"I'e ~ o{, o.q, '=Cl\l.l1ty, or aty U1d eou..nty !U.y ~(1~ Wl':....'
t.~e OV!"'l!!' or l~e"l ~ L"!!!t:r.t:'!. :"~l! ~. of ':..~f proper:y on .. 'n.L~cer '~'\l(:..~ tbe ifi".s~t;ve !:locy :H~.s
~ca::)Ie !.oj o..-:-y oot ~ PUl"?O$eS ot :,....,,3 u-..c.!e ~ of Ar':ci, ~.3 lcom:neoe:.."'l( ",..._"l ~oo 4391
of 0..a.;:.t.et 3 of P....-t 2 ot Dl'>!lon .I of t.lo:e ItIver.'Ce u:d Tancoll Code. The <:onC"1C't Ii-.sll ~t ~"ll!
~t:J..~-e~t3 ~ ~O~ 502S1 Uld 502S2.
(A.:.fn~eod by 5u.a 1985. '::.. %.5. ;1 . t 1.1)
BlstoneaJ SOli
n. 19~ l.ltIelldl~aat nlb,droned "Am-
d. 1.9 (C-O<:l:Qt:lC1.:l1 W'\tb Se-c':lQII i391 of
Chepter 3H for '''ArtJcl. T (CQtIlU1It1~r
'W'itb $&<:::011 n81) ot Cb.ptu 5-.
rOr.DU I 50"'...90. .ddrd ~r Srlt.Ll9n. c:..
~~ , :378. t 1. -u re=ll:t:.ered I
~.2 LIld amlDded Dr SUU~. c:.
:r.3. p. ln1. , ~51"
Fornw
~e-e We.tr:'1 Call!o~ Cod. Forma. ~nr11.Q'Dt.
Ubnry aefU'e.Qea
Hu.lth LIld E.aT'\rD~tQr ~ZS~(8)" c.J.8. Sttlt.!l ud 'FJ:i'rirotl..lZl&llt It 51 It
"oq~ l115 It -lilt.
~r"e...,'''' Inclle.at.. eJ'langa Of' JdG!t10ll. )y 1Il'Iltn<:l'~;';
t W"..!G.l. Qua.l1,ned hirtotieaJ proputy
~Qn.lr!';ed hJ.stDnaJ p~' for PUf?OMt o( tha ute!., tour.. pnTIt.t}y 0"Wbed property ..t-.JC:h
J.t IWt enmpt from property tLUOOn Llld wtu.:h :tlHtJ tl".i:v of the tollo1ruli" .
lal LBc.e.:1l.O. to":. Sat:ol'-1llUlr..strr of Ff':.3toMl: P'4Cn or 'oa~ :11 a rq-...tered 'u.stonc d::!tr.~_ u
der~ed. ~'l SeocQQl!. 1191-11b) ot T:t!. Z6 of t.~. Cxl. ot Ft'.:!enJ Rci"l-ar.ona.
lb~ Llleod l.O. U11 ~t.at.e". oty, ~unty, or crq and CUlUlty of!!C"..al C"et'..stu of hlstonc:al or 1."'=~1~
aily !l rn J11C1.1l. t 51 t.!:S. ;1la.ces. or landmuU. '
(Addeod !l.y 5uca 198.5. e- 96.3. Po . , 2.)
t 3MSl. R.equtn-d p't'Orlllon. of CQntnd
· . .. AzJ.y eor.tn.ct ent.em illto Wldu tha ~e!. shall cunam the !ollo~i pror..sioll&:
(al Th. te.r::::I of ~. C(lct:r:1.l:t Jh3.l.I be for a n'I''''1'!lum ;>erod of 11) Tun..
(hI mere applia.bll. t.!le Ct)Qtl':l.Ct sr..alJ pl"OV'.de tt. ColtoW1nlf.
m For t.l:t p~:"'I4t:oo ot ~'llt quahr.ed Io.utor-C1i ;ro~l"t7 a..nd. ....hftl n~2.M", to rHtort 1lld
relo..2.biL-U~ th ?l"O~rty ~ con.!orm to th. r'Jles ~d rei"~~=ollJ ot t.":.. Offctl ot HLjtor'c ~e~,
t::oo' oC th Ot~e:lt ot Puo and R.c n-sc.oa..
.. . ..
[2') For t.1o,e ~f"'cCic e"t1.'~'IIn.a::olU of t!:e Ulteror a.~ e~..tr"or of thl prtClLSlS by :.r.. ~s~r. the
De~ecco{ ?uu ud Rc-c:ucon. 6nd tht Stat.l 8oa.l'd ot Eq'J.2J~col\ u 'My ~ ::KUs.ary to
detAr.:'.11l1 t.'\. owuer', .:ompluc~ ....,th t.1o,e .:olltnct.
13\ for .t to bot blnd.1::.i upoa.. it'd ;nun to to". botnefit of, all 5UCenSOl"S U1 u::til"e'!t of t!:e C'\II"!1U A
~'..:~r ;.u l::~~t !h.aJI have ~~e ~I M(O:Q ~d Obllpt::OClS u.cder U:4 .:-oct.-.ct a.s -.r.e or-.~
o w-::er ;11' ho en~:'eci .n to ::..i e co n t.""lrt
(A=e~ded by SU:S :985, c. %5. po
. ~ 3)
..
HlAor!c.a.I SoU
:or.:::1I" 5 ~)Z31. .Lddt'd lIy SUtl191'2. e-
l~ Po 23'":'8. f 1. "U "Ga..c:lb4r.d I
~3 4 Uld a.mecded by Sta~l..9':i. e-
m. ,. 13:8. f l2.
f 50):$1,1. Cont.nd f"
~. "i".3lar:ve.'Xld,. ect.eMr.i I1lto a COQO"I.C: .j~-~ :I t.'us U".:c1e ~:r ~:ILl"1! ~".a.t t"... ?l")~rty
OWTU. as a COO,OJeOQ 0:.0 ectann( Lnto t.'l. C'Qn~ ~1 & rN cot to ...~~ :.~. reuor6bie C'J:lt ,t
~LS~~r :.'-..s ;l"O(ra.m..
(Adel'd by StatJ :98.5, Co ~5, p_ --, i 4.,)
t 502!2. ~nl"al. nonnnewtJ; nodet: llt'Otal: l"t<'Ol"'da.tJat\: d!'eet
(al E:acb Cl'Ic~ sh&ll ~rn1"d. &.at on ~. annlvfl"!U'1 :bt.t ot 1..'1. C'QQtnl:t ~r 5uch ?t.lo:.er 1.Ccu.a.I
6.tt 1.1 :s s~t'("'_ol:eod :J1 t..':. .:occ-u; 10 ynz ~h..a.ll ~ lCc!tod automlcc:2.lly :.0 toil! lllJCal ',tH''''':\ )[ :h
<:'Oc~n ~C'U "'oc:ee of nor.rerewa.! :3 I""l!.o 1.1 pl"OY"~ .Il. ':.~ ~t:OIL U:Jo.e ;ll"Oper.j" JW11er or
the fi'..!llo.Tl! Ood; iesln! ill 1.o.y 1'11' 'ot to r"!A,W t.!:. ~Qt:"a.c"'~ to'lat ;lUCY ~"aU !l!r'I'e ~:"4n
.,ot.~ of :::oc..-e':e~ at :..... C'Onc-a..ct on to". cc..":u ;:.a.r:y 1O .aUl:c:1! of t.~1 adOUaJ r!newaJ datl of tte
C'Or~ l'l\!at :""l! -ot:.~ :3 ser'l'~ ~1th owr.er at 'ust 90 ~ays pnor ~ :..'le r!~eW':ll ~a or !:ly
tr.l! 'f(":l'ar=vl! X>dv at 'l!:l.3t ;0 Jays prOf t.o the l"Ioe~ ~t.e. Olll yur sh..aJ.1loutomsccaJ..:r ~ &Qc!ed
to ~e tu"'ll <ii :.':e contnct.
(hI t"iXll!. renl~t ~1 to':. O"""lU of a lloCee (rom to'l. '~r.!~cVl body of :lolU't'le....~ the OWTler may
rr.a.i:, , '\lI"n:-~l:l ?Mu-5t af :..":.. IlOo.~ o! ::OlU'to:e..u "Ii. 'l!i".,jrstlTl !)ody may, at a.ay ::om. ?nor ~
:..~. :'!neW'lJ <Uti, W1t.':.dn.. :..~. l'Ioce. of nOlU'tD'''1.l.
.uten.u . . · ~. c-.~ Dy Im4nClIT'lOnt
(el 1! to,:, :eir31Icv, body or ~, OW!ler SU'''I'" 110C~ at intent '0. l.Ily yeu not to rer.e.... :J-.
cor.~.. t.":. t'C.SClli conc-act sr..111 rema.:.o. m ef!e-ct (or :1:, b~ce ot t.", ~no<ll"l!~llIi s~ce tr.e
oriU'.at utc"JCOl1 Of the la.st ren.w.! of tII, C<Jo.tn.ct. u Lie C1S.f aut bot.
(d) 11'.. owt.tr shall f.:1.-,1.3h tb., le6~:~QT' body 71th aJ'V LDlOr":"..1t:Ollo ~ . ~ L'le :ei'"'t~:Jv, ~ody
sh.a.l.l re-qUln III or:u to e:llbl, It to deter"':llr:. t.~. elii'o"iIit=, of ~':. pMperty ll1VO!vtd.
(el ~o :at.tr t.1wI 20 day! U".cr a ory or C'OlUlty e::t.e:3 111to I contnc: Wlt.i UI OWl"er pU1"3u.a..llt :.0
1.1o..J.S utc!e. ...... c1en of t.IJ, \ei'.3Ia.~ve body 3b:..il r~c,.rd W'll..~ '.it COUllt"j ~rder a ~py of l.i.
C'Qlltnct. wllu:.b. s/'.a.Jl d~(r"Ce the pMp.et'tf subJe-ct t.':ereto . ~. From ll1d It~r toi. c:.me o( t."e
~rr'~cor\. th:.! cootnct sr..!1 Impa.r: I COCCI t!:ere-of :.0 all ~nol1.1 u :s Ii!orded by the ~ordU:i
laWl of t.'us s~t.I. -
(.Ame'ldtd by Sl2U.l~5. Co 96S. I). . t 5.}
-- -- --- - .......--------...--------
t s.oZS.c. Y.lleellatlon: potIundl
"""e 'ei".sla.::;ve bOOy may ~C!la. eont:'Ut if It c!et.errome3 that the owr.er h.u bre:&c..'l~ InY of the
l~""'OJ ~. of .Io.e COllO'l.et nl"O\1ded for tI1 th:s I.r.Jc;e Of hs &1:0w~ the prope~ to deter-on:.e to tl':.1
eon............... r . . .. ~ \.... I t;V
poUlt tr.lt It 00 lon.rr mHU the stancia.r6 for L q1.l~hfe-d r.~WTlC1l property lB! t.:3 ~ t
bod)" II'AV ilio t::l..o:cela. C:Ollt:"3.Ct If It detA!mines ~u thf O\VIler ha.s failed to t'eltore of rer..1biliut.e
lilt PI"'O~~ l:I tht [P''''''''!r ,pKl!ied lJ1 the cootn.et.
(AJu'lded by SU!.s 1985. C. ~. P , t 1.)
~ 50285~ Ca.nceDatJon; notice; bearing
No contract shall be canceled under Secuon 50234 untIl after the
legislao..e body has gIven notice at, and has herd. a public hear:.r.g on
the n:.at....er. Nou~ ot t.\::e hearing s..1-:all be rnaIJed to the last kno~-n
adc..-ess of e3ch Q9."I1er of property W1 thm the histone zone and shall
be pl.lbllshed pl.lI'SUa.l1t to $ec+Jon 6061.
(Ad~ed by St.at.!.1972, c. 14-42. p. 3161. f L)
A
~ 50286. CMeeUadon; fee: paymeot
It a contract is canceled umer ~';Qn 50284, the o'W!)er shall
pay a car.cellaoon tee of 1272 percent ot the tun value ot the proper.
ty at the tune ot cancellatJon. as deter:cined by the county assessor
~thOl..'t regard to any rest::riction on such property imposed pursuant
to thl.<:;' artc!.e. The cancellation fee shall be pald to the Controller, at-
such tir::e ~d in such rr.anner a3 the Controller shall;Jrescrlbe, and
SMI1 be ce?OS1ted In the State General Fund.
(Added by SUU.l972, e. 1442. p. 3161. J 1. A.;:eoded by StaU1978. c.
1201. p. 3814. ! 5, opentlve Ian. 1. 1981.)
In.stI2 ric:LI S 011
'I"!:L. Ul'73 smGdI:lUt c.!lurt<l tb. eaA-
C't Ua.COll !M ~ ~'lI1 :50 ;)el'e'lAt of t!I. u-
!uMd ....m. ~Q I2~ ~l'e'Il1t of t..b. t'a.ll
nlu..
~1":1.\::i,.. c!.afa. I~OUC'atioa. to 1981-32
t!.c:.J rev I.lld ~ run tbt M! utif'. and
ler...alad.,. tDtnlt iD pol(1)Onement of ooer-
alin ~te of Suu..l9'18. Co ~. l). J,8';"2.
- H!.It'a"'* ~oc. aDdu Edae-C. . 11.
19'78 UlIttU!.t:UDC ot ~ ~eeCQEI U1Qt)4r.
ac..., 11:1_. ~!1.a(' C,)11It. .\.m_a.d. ~o.. 60.
19"T7-:'8 II IOpro~ed by ~!1e '!'ottn. ~.
op....c:.... 1aJJ.. 1. 1981. u S C....!. ~o. ao
wu ':lOr<:i"t<i at till 10llCtU Hu,""'d.
.IKt:OIlo !laid ~o... 6. 1919. s" Hlatonea!
~QtI w:.der EdllC1l0011 C.>d. . 11.
~ 50287. Action to enforce con tracl; part1es
~ an alternative to cancellation ot the contract tor breach of
any rondltion, the county, city, or any laLdowt:er ~~y br-.ni any ac-
tion in court necessary to enforce a contract tncluding, but not lImlt.
ed to, an action to enIon::e the contract by SJ'<<lllc performance or in-
junctlon.
(Added by Stat.3.1972. e. 1442, p. 3161, ! 1.)
~ 50288. Acqtiliitioa ot prope.Ll by emh:!ent domaln; ea.neeII&-
tloa. of cont::ra.ct; lnappUes.billty to determination 01
value
In the event that prcperty subject to contract under t.his article
is acquired in whole or m part by pminent do:m;tL'1 or other aC1:iuisi-
don by any entity authorized to exerci5e the power ot eminent do-
m;un. and U:.e acqulSitlon is detennu ed by the le-gls1atlve body to
frustrate t..'1e p~ ot the contract, such cont.-act shall be canceled
and no (;:e shall be imposed uncer Section 50286. Such contract shall
be ~IUd null and vOId tor all purpos~ of detenmnmg the value of
Hle prope......ty so acquired.
(A~ded by Stab 1972. c.. 1442., p. 3161. ! 1. Amended by Stab 19'74. c. 5oW.
p. W2, ! 19.)
...
HIstoria.l Sou
-r.:. m~ U::.1l6.I1C u::Ul1d.-d. the Me-
:ioQ ~t.!IOIU e1:un.
f'-~ClC Do--f.. ~lT.
Ubrvy R.fenoca
C..J.3. ~1"U1t C~IUI'=' 1M.
9 50289. A.n.a~~OD by dty 01 properly andel' COotrsct to comz.
ty; rlgbt.5 &lid duties of city
In th e evE! n t tha t property re:stri cteQ. by a co D t.. ""act 'N1 th a. rounty
under this a.rode Is annexed to a Cl ty. the Cl ty shall succeed to all
rights., d\Jt:es, and powen o( the county under such contract.
(Added by S~t.a 1972, c. 1<<2., p. 3161. 5 1.)
t s.o:!t c., lU III t.at1on lFIUl ,l.&.ta COmm.J..NK)D
I....x:2I 'itnc: es ad o'lr1leM of o.llai1f.ed hLStcnoJ ;lrtl;>tI":U :nay c:tlnsult ...,t.; lht SUtI ,Qut.cnc:a.i
ltt~u.~u wr.::.:o'.J"UJ(lD . . - for ~ 1.d~ a.ud cou:saJ all :r~t"..e.n relevUlt :0 batot"12J Ilropoerty
eo:l~..s.
(A:r.:.ded b,. 5~:.s l~, eo ~6.5. p. -, fit)
-- -
Uhrvy Rltt~
E'uli4 I..Il.d E:1T1ro1l.al.o.t <t;::J~.5. 88 to 90, IH. 104. llO. 113 tlf ~
CJ.3. SuJt.h LAd E:!rirolllll.lIC If 61 to I:s. a. 132. 133. 1~. U"l' to BO.
ee.. 6&. n to i3. i3 to 80. 82 to 86. 142. lH to U3.
- - - ~
,
ML.~
my. 1
ax rate
lUSTORICAL PROPERTY ~ 439.2
",,1
WhlCh IS subject to a htstonc.al property contract executed pursuant to Art]cle
12 (commencmg WIth SectIon 50280) of Chapter 1 of Part 1 of D]"'1510n 1 of
TItle 5 of the Government Code.
(Added by Slats 19i7. c. 1040, P 3153. ~~. Amended by Stat:s.1985. c. 965. ~ 9)
HlItorlc:sl Not.
The 1985 mJc'1dment SUbstH1.lted -as defin~ (commencmg WIth SectIon S03!) of Chapler 1
10 Section SOloW 1 of the Government Cede- of O1Vl5lon S of the Pubhc RC50urUS Code-,
for -meetmg the reqwremenu of Antele.3 ~d made a gram.mauc.al dunge..
ll5 1917,
ltS 1984,
f t he first
p~t
Tauuon
folloW11'l1'
15tnbuted
enue ;and
quahhed
ent Code.
~ 439.2. VaJuatfon: capitalIzatIon of Income method; determination
When valwng enforceably restncted lustoncal property, the county assessor
shall not consIder sales data on SImIlar property, w~ ether or not enforeeably
restrlcted, and shall value such restncted historIcal property by the capltahza.
tlOn of Income method In the follol,l/]ng manner;
(a) The: annual Income to be capitalized shall be determmed as follows.
(1) \\'here suffICIent rental mformatlOn IS avaIlable, the Income shall be the
faIr T(:nt whIch can be Imputed to the resIncted hlstoncal property bemg
valued based upon rent actually receIved for the property by the owner and
ut'On tYPIcal rentals receIved 10 the area for SImIlar property m SImilar use
\l, here the O\lrller pays the property tax.. Vtnen the resmcted h1Stonca1
proper:)' bemg \ alued IS actually encumbered by a lease, any cash rent or Its
eauI\alent conSIdered In determmmg the faIr rent of the property shall be the
a~ount for \lr hJch the property would be expected to rent were the rental
~a:-ment to be renegouated In the 11ght of current conditions. mcludtng
applicable prOV'lSiOnS under whIch the property IS enforceably restncted.
(2) \\nere suffICIent rental mfOrma110D IS not avallable. the mcome shall b<!
that."" hleh the restncted h..:stonc.a1 property bemg valued reasonably can be
expected to ~,.,eld under prudent management and subject to applicable proVI.
S10ns under whIch the property IS enfon:eably restncted.
(3) If the pames to an Lnstrument which enforceably restncts the property
slIpulate therem an amount which constitutes the minImum annual mcome to
be capitalIzed. then the Income to be capitalized shall not be less than the
amount so stipulated.
for purposes of thlS sectlon mcome shall be determmed In accordance ......nh
r.:les and regulations ISSUed by the board and with thIS ~ctlon and shall be
the: difference betv.'een revenue and expenditures. Re....enue shall be the
amount of money or money's worth, mcluding any cash rent or Its equIvale:lt.
'A hlCh the property can be expected to )'1eld to an owner-<)perator annually on
tre a\erage from any use of the property permitted under the terms by whIch
:~e property IS enforceably restncted.
E '<jje'1dltures shall be any outlay or a...erage annual allocatIon of money or
:nare;. S \1oonh that can be falrly chargeo against the re\ enue expected to be
recel\(:d during the penod u~d In computIng such revenue. Those expendI'
tures to be charged agalnst revenue shall ~ only those whIch are ordmary
and necessary In the production and maintenance of the revenue for that
399
..
IOn 8 of
i" If It IS
..rtlcle 12
t of TItle
t
t
- t
.t
t
~
. .
~
j
.
-
~ 439.2 PROPERTY TAX..\TIOS-ASSESSME.'il
Dh 1
penod E:x.pe~dllures shall not Include depletion c::arges, debt retlre:nem
interest on funds mvested In the property, property taxes. corporatlOn Incom~
taxes, or corporatlon franchise taxes based on Income
(b) The c.apltalizatlOn rate to be used In valumg owner-occupled smgie
famlly dwellings pursuant to thiS article shall not be den\ed from sales data
and shall be the sum of the followmg components
(1) An mterest component to be determined by the board and announced.
no later than September 1 of the year preceding the assessment year and
whIch was the jle!d rate equal to the effeccl'we rate on com'entranal mortgages
as determmed by the Federal Home Loan Bal"..k Boa:-d, rounded to the "lear-
est y. percent
(2) An hlstoncal property nsk component of 4 percent
(3) A component for property taxes WhlCh shall be a percentage equal to
the esumated total ta...x rate applicable to the property for the assessment jear
tImes rhe assessment rarlO
(4) A component for amortlzatlOn of the Impro\ements which shall be a
percen tage equl'o alent to the recIprocal of the remaInIng hfe
(c) The capnahzat!On rate to be usee In valumg all other restncted hlstOfl
cal proper1: pursuant to thIS amcJe shall not be denved from sales data and
shall be the sum of the followmg components.
(1) An m'erest component to be determmed by the board and anncu:,ced
no late: than September 1 of the )'ear preceding the assessment )ear and
whIch was the }1eld rate equal to the errect:...e rate on con.enrlOnal mortgages
as determined by the Federal Home Loan Bank Boare. rounded to the near
est Y. percent
(2) An hlstoncal property nsk component of 2 percent.
(3) A component for property ta'l::es whIch shall be a percentage equal to
the esumated total tax rate apphcable to the proper.y for the assessrne:1t :ea~
times the assessment rarlO
(4) A component for amOnlZ.3110n of the Impro\ements .....hlCh shall be a
percentage equJvaJent to [he reclprocal of the remaln:ng bfe
(d) The value of the restricted hlstoncal prope:1y shall be the quane'lt ?f
the Income dererrmned as proHded In subdlvls20n (a) dIVIded by the capJtall-
zanoo rate determined as pro\lded 10 subdIVISion (b) or (c).
(e) The ratio prescnbed In SectIOn 401 shall be appiled to the value of the
property determmed 10 subdlvlslon (d) to obtalO Its assessed value.
(J.dded by Sl.m.1977. c 1040, P 3153, ~.4 ~mended b: Sla:s :984, C 678. ~ 2~}
H1.alor1c.:aJ 'iole
The 19a~ amendment deleted. from the In-
:roductolj' jlaragraph. the board for P\.U70s.es
of surveys 'eq\l,~ed bv SectIon 1815 of 1,,5
code and' precedll'l the county ass.e!.50r"
Ubruy Rdere:acu
SUle and Local Tuallon Lane. ~ 119
400
J