This chapter shall be known as the "Historic Preservation Ordinance of the City of Ceres."

(Ord. No. 2020-1059, § 1, 3-23-2020)

The purpose of this chapter is to promote the public health, safety, and general welfare by providing for the identification, protection, enhancement, perpetuation, and use of improvements, buildings, structures, signs, objects, features, sites, and places within the City that reflect special elements of the City's historic, architectural, aesthetic, and other heritage for the following reasons:

A.

To safeguard the City's heritage by providing for the protection of landmarks representing significant elements of its history;

B.

To encourage public knowledge, understanding, and appreciation of the City's history;

C.

To foster civic and neighborhood pride and a sense of identity based on the recognition and use of historic and cultural resources;

D.

To promote the enjoyment and use of historic and cultural resources appropriate for the education and recreation of the people of the City;

E.

To preserve diverse and harmonious architectural styles and design preferences reflecting phases of the City's history and to encourage complimentary contemporary design and construction;

F.

To enhance property values and to increase economic and financial benefits to the City and its inhabitants;

G.

To strengthen the economy of the City by protecting and enhancing the City's attractions to residents, visitors, and tourists;

H.

To identify, as early as possible, and resolve conflicts between the preservation of historic and cultural resources and alternative land uses;

I.

To conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment.

(Ord. No. 2020-1059, § 1, 3-23-2020)

For the purposes of this chapter any exterior change or modification of any historic or cultural resource including, but not limited to, exterior changes to or modifications of architectural details, visual characteristics, grading, surface paving, erection of new structures, removal of trees or other natural features, disturbance of archaeological sites or areas, and the placement or removal of any exterior objects such as signs, plaques, light fixtures, walls, fences, steps, paintings, and landscape accessories affecting the exterior visual qualities of the property shall be deemed an alteration.

(Ord. No. 2020-1059, § 1, 3-23-2020)

The Planning Commission is hereby designated to be the official authority for the administration of this Historic Preservation Ordinance, in accordance with the powers and duties, and subject to such exceptions as provided in this chapter. The Planning Commission may appoint a subcommittee as may be expedient, composed of members of the community who have expressed an interest in historic preservation, for the purpose of identifying and inventorying potential historic sites or landmarks within the City. The Planning Commission shall obtain professional technical expertise in the area of historic preservation from established organizations, institutions, public agencies, or other commissions when deemed prudent.

(Ord. No. 2020-1059, § 1, 3-23-2020)

The Planning Commission shall have the following powers and duties:

A.

Establish criteria for, conduct, and keep current a comprehensive survey and register of historic and cultural resources within the boundaries of the City.

B.

Adopt specific guidelines for the designation of landmarks, and landmark sites, subject to the provisions of section 18.35.060 of this chapter.

C.

Review and comment upon the conduct of land use, housing and redevelopment, improvements, and other types of planning and programs undertaken by any other agency of the City, the County, or State, as they relate to the historic and cultural resources of the community.

D.

Adopt prescriptive standards which may be used by the Planning Commission in reviewing applications for permits to construct, change, alter, modify, remodel, remove, or significantly affect any historic or cultural resource.

E.

Recommend to the City Council the purchase, with public-private funds as such may become available, of property interests for purposes of historic preservation.

F.

Investigate and report to the City Council on the use of various federal, State, local, or private funding sources and mechanisms available to promote historic preservation in the City.

G.

Approve or disapprove, in whole or in part, applications for permits pursuant to this chapter.

H.

Cooperate with local, County, State, and federal governments in the pursuit of the objectives of historic preservation.

I.

Render advice and guidance, upon the request of the property owner or occupant, on the restoration, alteration, decoration, landscaping or maintenance of any historic or cultural resource including landmark, landmark site, historic district, or neighboring property within public view.

J.

Participate in, promote, and conduct public information, education, and interpretive programs pertaining to historic and cultural resources.

(Ord. No. 2020-1059, § 1, 3-23-2020)

For the purposes of this chapter, an improvement may be designated a historic landmark or historic site by the City Council pursuant to section 18.35.070 of this chapter if it meets the following criteria and other criteria established by the Planning Commission pursuant to section 18.35.050 of this chapter:

A.

It exemplifies or reflects special elements of the City's cultural, aesthetic, or architectural history; or

B.

It is identified with persons or events significant in local, State, or national history; or

C.

It embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship; or

D.

It is representative of the notable work of a builder, designer, or architect.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Historic landmarks and historic sites shall be established by the City Council in the following manner:

A.

Application. Any person may request the designation of an improvement as a historic landmark or the designation of a historic site by submitting an application for such designation to the Planning Commission. The Commission or City Council may also initiate such proceedings on their own motion.

B.

Preliminary determination. The Commission shall conduct a study of the proposed designation and make a preliminary determination based on such documentation as it may require, as to its appropriateness for consideration. If the Planning Commission determines that the application merits consideration, it shall schedule a public hearing.

C.

Written decision. The Commission shall file its decision in writing with the City Clerk and the Director of Community Development. If the Planning Commission decides not to hold a hearing, the City Clerk shall mail notice of such decision to the applicant.

D.

Public hearings. Public hearings shall be noticed and held on applications in the manner required by law and in accordance with provisions of section 18.32.160 of this title.

E.

Notice of recommendation. The Planning Commission shall conduct a public hearing and shall provide a reasonable opportunity for all interested parties to provide input regarding each historic designation. At the conclusion of the public hearing, but in no event more than 30 days from the date set for the initial public hearing or any continuance thereof for the designation of a proposed historic landmark or historic site, the Planning Commission shall recommend, in writing, approval in whole or in part, or disapproval in whole or in part of the application. Such written determination shall contain a description of the actual property or properties to be designated and shall be filed with the City Clerk and the Director of Community Development. Such decision shall be mailed to the applicants and the owners and occupants of the proposed designated historic site or historic landmark. Notice shall also be mailed to any other interested parties as may request a copy thereof.

F.

Council approval. The City Council, within 30 days of receipt of the recommendations from the Planning Commission, shall by ordinance approve the application in whole or in part, or shall by motion disapprove it in its entirety. The City Council shall hold a public hearing on the proposed ordinance.

G.

Notice of Council decision. The City Clerk shall notify the Director of Community Development of any official designation adopted by ordinance by the City Council. The Clerk may also file with the County Recorder of Stanislaus County a certified copy of the ordinance together with a notice briefly stating the fact of said designation and a summary of the effects said designation will have. The City Clerk shall mail a copy of the ordinance approving said designation or a copy of the minute order showing disapproval of said designation, to all applicants and the owners and occupants of the proposed designated historic site or historic landmark and to any other person who requests a copy.

H.

Failure to send notice. 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 proceedings in connection with the proposed designation. The Planning Commission and City Council may also give such other notice as they may deem desirable and practicable.

I.

Work permits. No building, alteration, demolition or removal permits for any improvement, building, or structure relative to a proposed historic site or historic landmark shall be issued while the application therefor is pending. Exceptions may be considered in case of hardship as provided by section 18.35.150 of this chapter.

(Ord. No. 2020-1059, § 1, 3-23-2020)

It shall be unlawful for any person to tear down, demolish, construct, alter, remove or relocate any improvement, or any portion thereof, which has been designated a historic landmark pursuant to the provisions of this chapter, or to alter in any manner any exterior architectural feature of such a historic landmark or on a historic landmark or historic site, without first obtaining written approval to do so in the manner provided in this chapter, nor shall the Director of Community Development, or any other office of the City grant any permit to carry out such work on a designated historic landmark or historic site without the prior written approval of the Planning Commission.

(Ord. No. 2020-1059, § 1, 3-23-2020)

The following procedures shall be followed in processing applications for approval of work covered by this chapter:

A.

Applications for approval to pursue work on a designated historic site or historic landmark shall be made to the Director of Community Development who will then present such applications to the Planning Commission.

B.

All such applications shall be accompanied by plans and specifications describing the proposed work as well as any other materials considered by the Planning Commission to be reasonably necessary for the proper review of the proposed project.

C.

The Planning Commission shall complete its review and make a decision within 50 days of the date of receipt of the application. Whenever the application is to tear down, demolish, construct, alter, remove, or relocate any improvement, or any portion thereof, which has been designated a historic landmark pursuant to the provisions of this chapter, the Planning Commission shall hold a public hearing thereon. The Planning Commission may hold public hearings on other applications as it deems necessary. All decisions, interim and final, shall be made at regular meetings of the Planning Commission. The Planning Commission's decision shall be in writing and shall state the findings of fact and reasons relied upon in reaching its decision.

(Ord. No. 2020-1059, § 1, 3-23-2020)

The Planning Commission, or the City Council upon appeal, shall issue an approval for any proposed work as described in section 18.35.080 of this chapter based upon the following criteria and any other criteria as determined by the Planning Commission pursuant to section 18.35.050 of this chapter:

A.

In the case of any property located within a historic landmark, the proposed work would not detrimentally alter, destroy, or adversely affect any exterior architectural feature; or

B.

In the case of construction of a new improvement, building, or structure upon a historic site, the exterior of such improvements will not adversely affect and will be compatible with the external appearance of existing designated improvements, buildings, and structures on said site.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Any interested party may appeal any decision by the Planning Commission pursuant to section 18.35.100 of this chapter by filing a notice of appeal with the City Council not later than ten days after the Planning Commission's decision. Such notice shall be accompanied by a fee as may be established by the City Council. The appeal shall be administered as set forth in chapter 18.34 of this title.

(Ord. No. 2020-1059, § 1, 3-23-2020)

A.

Nothing in this chapter shall be construed to prevent any and all reasonable uses of any property or properties covered by this chapter as are not in conflict with the purposes of this chapter, including the ordinary maintenance or repair of said property that does not involve a change in design, material or external appearance thereof.

B.

Due to the peculiar conditions of design and construction in historic resources where structures were sometimes built close to lot lines, and where ownership patterns have changed over the years, it is sometimes in the public interest to retain the historic appearance of a neighborhood by making an exception to normal setback, parking, landscaping, fencing, and screening requirements of this title, where such an exception does not interfere with the public health or safety. Where it is deemed that such an exception is warranted and will not adversely affect neighboring properties, the Planning Commission may authorize such exception to this title.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Nothing in this chapter shall be construed to prevent any measures of construction, alteration or demolition necessary to correct the unsafe or dangerous condition of any structure, or feature or part thereof, covered by this chapter, where such condition has been declared unsafe or dangerous by the Director of Community Development or the Fire Chief, and where the proposed measures have been declared necessary by such officials to correct such condition; provided, however, that only such work as is reasonably necessary to correct the unsafe or dangerous condition may be performed. In making a determination as to whether such work is reasonably necessary as aforesaid, the above-mentioned officials shall refer to the State Historical Building Code, Health and Safety Code section 18950 et seq.

(Ord. No. 2020-1059, § 1, 3-23-2020)

The owner, occupant, or other person in actual charge of a historic or cultural resource shall keep in good repair all of the exterior portions of such improvement, building, or structure, all of the interior portions thereof when subject to control as specified in the designating ordinance or permit, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature. It shall be the duty of the Director of Community Development to enforce this section.

(Ord. No. 2020-1059, § 1, 3-23-2020)

The Planning Commission need not disapprove an application for permit to carry out any proposed work on a historic landmark or a historic site, if the applicant presents clear and convincing evidence of facts demonstrating to the satisfaction of the Planning Commission that such disapproval will cause immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the proposed work, whether this be property owner, tenant, or resident, or because of conditions peculiar to the particular improvement, building, or structure or other feature involved, and that failure to disapprove the application will be consistent with the purposes of this chapter. In determining whether extreme hardship exists, the Planning Commission shall consider, among others, the following criteria:

A.

Whether denial of the application will diminish value of the subject property so as to leave substantially no value.

B.

Whether reasonable utilization of the property is prohibited or impractical.

If a hardship is found to exist under this section, the Planning Commission shall make a written finding to that effect, and shall specify the facts and reasons relied upon in making such finding. Such finding may be appealed to the City Council pursuant to the provisions of section 18.35.150 of this chapter.

(Ord. No. 2020-1059, § 1, 3-23-2020)

The provisions of this chapter shall be inapplicable to the construction, alteration, demolition or removal of any structure or other feature on a designated historic landmark or historic site where a permit for the performance of such work was issued prior to initiation of proceedings for such designation, and where such permit has not expired or been canceled or revoked, provided that construction is started and diligently pursued to completion in accordance with the City's Building Code.

(Ord. No. 2020-1059, § 1, 3-23-2020)