A.

The city council finds that the character and history of the city are reflected in its cultural, historical, and architectural heritage, that these historical and cultural foundations should be preserved as living parts of community life and development to build an understanding of the city's past so that future generations may have a genuine opportunity to appreciate, enjoy, and understand the rich heritage of the city, that with ever increasing pressures of modernization and urbanization, city landmarks, neighborhoods, and other areas of historical and cultural interest are threatened with demolition, and that pursuant to the provisions of the National Historic Preservation Act of 1966, as amended, the city of Chowchilla 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 individuals undertaking preservation of the city's unique architectural, historical, aesthetic, and cultural heritage.

B.

The purpose of this chapter is to promote the public health, safety, and general welfare, and:

1.

To safeguard the city's unique cultural heritage as embodied and reflected in the city's architectural history and patterns of cultural development;

2.

To encourage and facilitate public knowledge, understanding, and appreciation of the city's prehistoric and historic past and unique sense of place and to encourage public participation in identifying heritage resources;

3.

To promote the enjoyment, celebration, and use of heritage resources appropriate for the educational, cultural, recreational as well as material needs of people;

4.

To preserve diverse architectural styles, patterns of development, and design preferences reflecting phases of the city's history and to encourage complementary contemporary design and construction and inspire a more livable urban environment;

5.

To enhance property values and to increase economic and financial benefits to the city and its inhabitants through incentives for preservation;

6.

To protect and enhance the city's attraction to tourists and visitors, thereby stimulating business and industry;

7.

To identify as early as possible and resolve conflicts between the preservation of heritage resources and alternative land uses by integrating the preservation of heritage resources into the comprehensive planning, management and development processes for both public and private property;

8.

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

9.

To stabilize neighborhoods through the preservation of heritage resources and establishments of heritage resource districts; and

10.

To develop and maintain appropriate settings and environments for heritage resources.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

The heritage preservation commission, as established by Chapter 2.25 of the municipal code, shall have the power and duty to:

A.

Recommend criteria for and supervise and a comprehensive survey of improvements, buildings, structures, archaeological sites, signs, features, landscape, trees, places, areas or other artifacts of architectural, artistic, cultural, engineering, aesthetic, political or social significance to the citizens of Chowchilla;

B.

Provide recommendations and other assistance concerning development and maintenance of a local inventory of the above described heritage resources of the city including the nomination of neighborhoods to be considered by the city council for heritage housing district consideration;

C.

Recommend criteria for designation of heritage resources, and heritage resource districts;

D.

Review and comment upon the conduct of matters undertaken by the city, county or state which have a bearing upon heritage resources including but not limited to land use, municipal improvement, and housing;

E.

Assist in the preparation of standards for the heritage preservation commission to use in reviewing applications for permits which significantly affect any heritage resources or heritage resource district, including permits to construct, change, alter, modify, remodel, or demolish the foregoing;

F.

Review all applications for permits regarding heritage resources site or heritage resource district designated structures that involve exterior alteration or demolition, and approve, disapprove, or approve as modified said applications. All environmental assessments, environmental impact reports and environmental impact statements, which include heritage resources, shall also be reviewed;

G.

Participate in, promote, and conduct public information and explanatory programs pertaining to heritage resources;

H.

Cooperate with other interests and programs developed by both public and private agencies in the fields of museums and the development of city archives;

I.

Promote the restoration, maintenance and operation of heritage resources owned by the city;

J.

Investigate and report to the city council on public or private fund sources and mechanisms available to promote preservation of heritage resources in the city;

K.

Recommend to the city council the purchase of appropriate interests in property for purposes of preservation of heritage resources;

L.

Make other recommendations, perform studies and make deliberations deemed desirable or necessary to the effective functioning of the heritage preservation commission;

M.

Encourage citizen participation in support of heritage resources;

N.

Make available to the public copies of all recommendations, studies, standards and criteria produced in the exercise of the above functions;

O.

Approve demolitions and new construction of replacement structures in any heritage-housing district.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section.

"Alteration" means any exterior change or modification to an improvement or site, which affects the exterior architectural features of property.

"Designated heritage resource" means a heritage resource which has specific elements which are expressly found to meet one or more of the criteria of the National Register of Historic Places as established by the Secretary of the Interior and incorporated by reference into this code and which has been designated and determined to be appropriate for preservation by the city council, pursuant to provisions of this chapter and has been recognized by the state or the nation to be historically significant.

"Designated heritage resource district" means a heritage resources district which has specific elements which are expressly found to meet one or more of the criteria of the National Register of Historic Places as established by the Secretary of the Interior and incorporated by reference into this code and which has been designated and determined to be appropriate for preservation by the city council, pursuant to provisions of this chapter and has been recognized by the state or the nation to be historically significant.

"Exterior architectural feature" means the architectural elements embodying style, design, general arrangement and components of all of the outer surfaces of an improvement. This includes such visual characteristics as paint, color, surface texture, grading, surface paving, materials, accessory structures, trees and other natural features, and exterior objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings and landscape accessories.

"Heritage housing combining district" means a heritage resource district consisting of residential properties which has been designated a heritage housing combining district for the purposes of preserving, protecting, enhancing and perpetuating the appearance of the district which contributes to the cultural or aesthetic heritage of the city.

"Heritage resource" means improvements, buildings, portions of buildings, structures, signs, features, archaeological sites, scenic areas, views and vistas, places, areas, landscapes, trees, or other naturals objects or objects of scientific, aesthetic, educational, political, social, cultural, architectural, or historical significance to the citizens of the city, the region, the state or the nation, which are designated and determined to be appropriate for preservation by the city council, pursuant to provisions of this chapter.

"Heritage resource district" means any geographically definable area containing a concentration or continuity of heritage resources which are thematically related, or which contribute to each other and are unified by a special character, historical interest, aesthetic value, or which represents one or more architectural periods or styles typical to the city, and that has been designated and determined to be appropriate for preservation by the city council, pursuant to provisions of this chapter.

"Improvement" means any building, structure, place, parking facility, fence, gate, wall, work of art, or other object constituting a physical betterment.

"Local register of heritage resources" means a list of heritage resources officially designated or recognized by the city pursuant to provisions of this chapter.

"Preservation" means the identification, protection, conservation, enhancement, perpetuation or rehabilitation of any heritage resource that prevents the deterioration, alteration, destruction or removal of such resource.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Any improvement, building, portion of buildings, structures, signs, features, archaeological sites, scenic areas, views, vistas, places, areas, landscapes, trees, or other natural objects or objects of scientific, aesthetic, educational, political, social, cultural, architectural, or historical significance can be designated a heritage resource by the city council and any area within the city may be designated a heritage resource district by the city council pursuant to provisions of this chapter if it possesses integrity of locations, design, setting, materials, workmanship, feeling, and association, and meets any of the following National Register of Historic Places criteria:

A.

It is associated with events that have made a significant contribution to the broad patterns of local or regional history and cultural heritage;

B.

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

C.

It embodies distinctive characteristics of a style, type, period, or method of construction, or represents the work of an important creative individual, or possesses high artistic value;

D.

It has yielded, or may be likely to yield, information important in prehistory or history.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Heritage resources and heritage resource districts shall be designated by the city council in the following manner:

A.

The heritage preservation commission, city council, or owners or the authorized agents of the owners of property for which designation is requested may request the designation of an improvement as a heritage resource or a heritage resource district by submitting an application for such designation to the director.

B.

Individuals or associations, with permission of the owner or authorized agents of the owners of property for which designation is requested, may also request designation through application as specified below.

C.

The application shall include the following data:

1.

Assessor's parcel number and street address of the site;

2.

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

3.

Sketches, drawings, photographs, or other descriptive material;

4.

Statement of condition of structure; and

5.

Other information requested by the heritage preservation commission.

D.

Each proposal shall be considered by the heritage preservation commission at a public hearing. Notice of the time, place, and purpose of such hearing shall be given by the director in the official newspaper of the city not less than thirty calendar days prior to the date of hearing and by registered mail not less than ten days prior to the date of hearing to the owners of the property as shown on the most recent assessor's roll. The director may also give such additional notice as he or she may deem desirable.

E.

The heritage preservation commission may continue a hearing but not in excess of thirty days from the date originally established for such hearing provided that such thirty-day period may be extended by mutual consent of the heritage preservation commission and the party submitting the application. Said party's consent to an extension of such period shall be presumed unless timely objection is made thereto within the thirty-day period by said party or at the time the matter is continued beyond such period. A record of pertinent information presented at the hearing shall be maintained and made available to the public as a public record.

F.

The heritage preservation commission shall recommend to the city council approval, disapproval, or approval with modifications of the application for designation.

G.

Prior to recommending approval or approval with modifications, the heritage preservation commission shall find:

1.

That the proposed heritage resource, or heritage resource district, has significance; and

2.

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

3.

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

H.

After receiving a recommendation from the heritage preservation commission, the city council shall hold a public hearing. The city clerk shall give notice of the time and place of said hearing by at least one publication in the official newspaper of the city and by registered mail at least ten calendar days prior to the hearing, to the owners of the property as shown on the most recent equalized assessment roll.

I.

Upon the conclusion of the hearing, the city council may approve, disapprove, or approve with modifications the proposed designation as a heritage resource or heritage resource district.

J.

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

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Editor's note— Ord. No. 491-18, § 2(Exh. A), adopted Oct. 9, 2018, enacted provisions designated as § 18.48.040. Inasmuch as section so numbered already exists, said provisions have been redesignated as § 18.48.045, at the discretion of the editor.

Exceptions from dimensional requirements may be granted by the heritage preservation commission in conjunction with a heritage resource alteration permit field in accordance with Section 18.48.080.

A.

Reconstruction of a heritage resource or a structure within a heritage resource district shall be exempt from setback and height requirements if rebuilt as originally constructed.

B.

Additions to heritage resources or structures within heritage resource districts may be granted exceptions from dimensional requirements provided that the following findings can be made:

1.

The proposed work will not adversely affect the exterior architectural characteristics or other features of the heritage resource, nor adversely affect the character of historical, architectural or aesthetic interest or value of the heritage resource and its site; and

2.

In heritage resource districts, the proposed work will not adversely affect the exterior architectural characteristics, nor adversely affect its relationship in terms of harmony and appropriateness, with its surroundings, including neighboring structures, nor adversely affect the character, architectural or aesthetic interest or value of the district.

A.

No person shall carry out or cause to be carried out on a heritage resource or in a heritage resource district any material change in exterior appearance of such heritage resource or heritage resource district through alteration, construction, relocation, or demolition without a heritage resource alteration permit issued by the heritage preservation commission.

B.

The city administrator shall maintain with the building inspection division a current record of designated heritage resources and heritage resource districts. When the building official receives an application for a permit, which indicates possible material change to the exterior architectural features of the building, structure or heritage resource, he shall require an application for a heritage resource application permit.

C.

An application for a heritage resource alteration permit shall be made to the chief building official upon the prescribed form and shall contain the following data:

1.

A clear statement of the proposed work;

2.

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

3.

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

4.

Where the application is for demolition, the necessity for the demolition shall be justified;

5.

Other information deemed necessary by the heritage preservation commission.

D.

The chief building official shall forward all applications to the heritage preservation commission. Upon receipt of an application for a heritage resource alteration permit, the heritage preservation commission shall hold a public hearing. Notice of the time and place of a public hearing shall be given by at least one publication in the official newspaper of the city at least ten calendar days prior to said hearing.

E.

The heritage preservation commission, in considering the appropriateness of the heritage resource alteration application, shall consider, among other things, the purposes of this chapter and the historic architectural value and significance of the heritage resource or heritage resource district, as well as present and prospective effects or hardships upon the owners and occupants of the affected properties. The heritage preservation commission shall take into consideration exterior architectural features of the building or structure in question, other buildings within a heritage resource district, and the position of such building or structure in relation to the street or public way and to other buildings and structures. The United States Secretary of the Interior's "Guidelines for Rehabilitation" shall provide base criteria for evaluating proposed alterations to a heritage resource structure.

F.

The heritage preservation commission may approve, approve with modifications, or disapprove the application.

G.

Prior to the approval, or approved with modifications, the heritage preservation commission shall find that:

1.

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

2.

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

3.

The applicant has demonstrated that the action proposed is necessary to correct an unsafe or dangerous condition on the property pursuant to Section 18.48.090; or

4.

The applicant has demonstrated that denial of the application will result in immediate, undue, or substantial hardship pursuant to Section 18.48.090.

5.

If all of the findings in clauses 2, 3 and 4 above are not made, the permit shall be denied.

H.

The heritage preservation commission may continue action on heritage resource alteration permits for two meetings, not to exceed fifty-five days from the date of the public hearing for purposes of reaching a mutually acceptable solution has not been achieved, the application shall be finally granted or denied.

I.

Within seven days following upon approval of an application, the heritage preservation commission shall issue a heritage resource alteration permit, one copy of which shall be forwarded to the applicant, one copy of which shall be retained in the files of the city administrator and one copy of which shall be forwarded to the chief building official. In addition, a copy shall be forwarded to any other requesting department or agency, which will be affected by the permit.

J.

The applicant may appeal the action of the heritage preservation commission to the city council.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Applicants for permits authorizing demolition of any structure listed within the latest edition of the city of Chowchilla's Local Register of Heritage Resources shall show, prior to issuance of such a permit, that they have advertised such structure as being available for removal or relocation intact.

B.

A program of advertising shall be considered to meet the requirements of this section if it continues for sixty consecutive days, both (1) as a display or classified advertisement of a character commensurate with the significance of the affected structure, published not less frequently than once each week during the sixty-day period within one or more local daily periodicals having substantial circulation within the Chowchilla area, and (2) as one or more signs on the affected premises, legible from the public right-of-way. Each such advertisement or sign shall indicate the city administrator or his or her designee, and the telephone number of such official, as a source of further information.

C.

The owner of any affected structure shall be entitled to make its availability contingent upon such reasonable conditions as are calculated to protect the owner, the city of and other interested parties from damage or loss of any nature, to protect the structure from excessive damage, and to permit the owner to select among competing relocation or removal proposals.

D.

At least sixty days prior to issuance of a permit authorizing demolition or relocation of any structure described in this section, the owner thereof shall provide written notice of proposed demolition or relocation plans to the heritage preservation commission, in care of the city administrator.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

None of the provisions of this chapter shall be construed to prevent any measures of construction, alteration, removal, demolition or relocation necessary to correct the unsafe or dangerous condition of any structure, other feature, or part thereof, where such condition has been declared unsafe or dangerous by the chief building official or the chief of the department of public safety. Provided, however, that when the structure is a heritage resource or is in a heritage resource district, and where the proposed measures have been declared necessary by such official to correct the said condition, only such work as is necessary to correct the unsafe or dangerous condition may be performed pursuant to this section. The heritage preservation commission shall be informed of such work in advance whenever practicable.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The heritage preservation commission may approve a heritage resource alteration permit to carry out construction, demolition, material change or relocation of a heritage resource or in a heritage resource district, if the applicant presents facts clearly demonstrating to the satisfaction of the heritage preservation commission at a public hearing that failure to receive such approval will cause an immediate undue and substantial hardship. If hardship is found to exist under this section, the heritage preservation commission shall make a written finding to that affect and shall also specify in writing the facts relied upon in making such finding.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this chapter that does not involve a change in design, material or external appearance thereof, nor does this chapter prevent the construction, reconstruction, alteration, restoration, demolition or removal of any such feature when the chief building official certifies to the heritage preservation commission that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the uses of the state historical building code, as set forth in Chapter 8.02 of the Chowchilla Municipal Code.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The owner, occupant, or other person in actual charge of a heritage resource or an improvement, building or structure in a heritage resource district 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 by reason of designation 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 chief building official to enforce this section.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The following actions by the heritage preservation commission may be appealed by any interested party to the city council:

A.

A determination made after a public hearing of whether to recommend designation as a proposed heritage resource or heritage resource district;

B.

The heritage preservation commission's decision to grant, grant as modified, or to deny a heritage resource alteration permit.

Any interested party may appeal by filing a notice of appeal with the city council not later than fifteen calendar days after the heritage preservation commission's decision. Said notice shall be accompanied by a set fee in an amount to be determined by the city council. The city council shall schedule a public hearing to be held no later than thirty days after the notice of appeal is filed and shall render its decision within thirty days of said hearing date.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Each heritage resource alteration permit shall expire and become null and void in the event that it has not been exercised within two years after the date on which it was granted.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Reasonable extensions of time not exceeding one year may be granted by the city administrator by miscellaneous plan application if it is determined that there have been no changes of circumstances or that no substantive changes have been made to the application since a special development permit was approved. Extensions are only valid if approved before the pending expiration date and are measured from that date. An extension may be granted for any time length up to a maximum of one year. Additional extensions may be granted provided that the total of all extensions shall not exceed one year from the date of the expiration of the original approval. If an application for extension is denied, the decision may be appealed to the city council pursuant to Section 18.48.130.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Any person violating or permitting the violation of or who fails to comply with the terms and conditions of a heritage resource alteration permit granted pursuant to this chapter shall be guilty of an infraction, and upon conviction thereof shall be punishable as set forth in Section 18.48.140 of this code.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

In addition to the regulations of this chapter, other chapters of the code and other provisions of law govern the approval or disapproval of applications for permits or licenses covered by this chapter, the chief building official shall have the authority to implement the enforcement thereof by any of the following means:

A.

Serving notice requiring the removal of any violation of this chapter upon the owner, agent, occupant or tenant of the improvement, building, structure or land.

B.

Calling upon the city attorney to institute any necessary legal proceedings to enforce the provisions of this chapter, and the city attorney is hereby authorized to institute any legal actions toward that end.

C.

Calling upon the chief of public safety and authorized agents to assist in the enforcement of this chapter. In addition to any of the foregoing remedies, the city attorney may maintain an action for injunctive relief to restrain or enjoin or to cause the correction or removal of any violation of this chapter, or for an injunction in appropriate cases.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)