(a)

It is hereby found that structures, sites and areas of special character or special historical, architectural or aesthetic interest or value have been and continue to be unnecessarily destroyed or impaired, despite the feasibility of preserving them. It is further found that the public health, safety and welfare require prevention of needless destruction and impairment, and promotion of the economic utilization and discouragement of the decay and disuse of such structures, sites, and areas. The purpose of this article is to promote the health, safety and general welfare of the public through:

1.

The protection, enhancement, perpetuation and use of structures, sites and areas that are reminders of past eras, events and persons important to local, state or national history, or which provide significant examples of architectural styles of the past or are landmarks in the history of the city's architectural styles, or which are unique and irreplaceable assets to the city and its neighborhoods, or which provide for this and future generations examples of the physical surroundings in which past generations lived;

2.

The development and maintenance of appropriate settings and environment for such structures;

3.

The enhancement of property values, the stabilization of neighborhoods and areas of the city, the increase of economic and financial benefits to the city and its inhabitants, and the promotion of tourist trade and interest;

4.

The enrichment of human life in its educational and cultural dimensions by serving aesthetic as well as material needs and fostering knowledge of the living heritage of the past;

5.

The preservation of the city's status as a certified local government.

See article IX, Historic Preservation Commission, of Chapter 2 of this Code for establishment, powers, and duties.

For the purpose of this article, unless the context clearly requires a different meaning, the words, terms and phrases hereinafter shall have the meaning given them in this section.

"Alteration" means any change in the character, composition, or structure of a landmark or resource requiring issuance of a building permit.

"Architectural feature" means the architectural elements embodying style, design, general arrangements, and components of the exterior of any building or structure, including, but not limited to, the kind, color, and texture of the building materials and the style and type of all windows, doors, lights, signs, and other fixtures.

"Building" means any structure used or intended for supporting or sheltering any use or occupancy.

"California State Historical Building Code (SHBC)" refers to Health and Safety Code, Part 2.7, Division 13, §§ 18950-18961, as incorporated into the most recent California Building Code (CBC), which provides alternative building regulations for the rehabilitation, preservation, restoration, or relocation of qualified structures as defined by the SHBC.

"Certified local government (CLG)" means a local government that has applied for and received certification as a CLG from the state office of historic preservation (OHP) and the National Park Service. To qualify as a CLG, the local government must meet certain certification criteria and enter into a certification agreement with OHP.

"Character-defining feature" means the architectural features of a building, structure, object, or historic district that help convey the significance of the historic resource.

"City staff" means City of Colusa employees or contract employees from any city department or agency, which may be called upon by the heritage preservation commission as deemed necessary.

"Cultural landscape" means a geographic area associated with a historic event, activity, or person or exhibiting other cultural or aesthetic values.

"Demolition" means for the purpose of this article, any act or failure to act that destroys, damages, or removes in whole or in part a historical resource such that its historic character and significance is destroyed.

"Heritage preservation commission" or HPC established and governed pursuant to the provisions of this article.

"Historic and cultural significance" is determined by considering whether a resource:

1.

Has significant character, interest or value, as part of the development, heritage, or cultural characteristics of the city, state, or nation;

2.

Is associated with the life of a person significant in the past;

3.

Is associated with a historic event with a significant effect on society; or

4.

Exemplifies the cultural, political, economic, social, or historic heritage of the community.

"Historic district" means a geographically or thematically definable area within specific boundaries possessing a significant concentration, linkage, or continuity of sites, buildings, structures, and/or objects united by past events or aesthetically by plan or physical development and designated by the city council, pursuant to the procedures prescribed in this article.

"Historic site" means a site officially designated as such by a federal, state, or local agency as being of historic significance or importance.

"Integrity" is the ability of a landmark or resource to convey its significance. To retain integrity, a landmark or resource must retain most of the following aspects that loosely relate to the historic landmark or resources' significance: location, design, setting, materials, workmanship, feeling, and association.

"Inventory" means a list of historic resources designated for special consideration either by federal, state, or local agency.

"Landmark" means a building, structure, object, cultural landscape, site, or archaeological site designated as a city landmark by the city council, pursuant to the criteria and procedures set forth in this article. Any property listed on the California Register of Historical Resources and/or the National Register of Historic Places shall be considered a landmark for the purposes of this article.

"Maintenance" means the process by which a property owner maintains or improves the condition of a historic resource or landmark.

"Object" means a material thing of functional, aesthetic, cultural, educational, architectural, historical, or scientific value that may be, by nature or design, moveable yet related to a specific setting or environment.

"Office of historic preservation (OHP)." The OHP is a division of the California Department of Parks and Recreation whose mission, in partnership with the people of California and governmental agencies, is to preserve and enhance California's historic heritage as a matter of public interest so that its legacy of cultural, educational, recreational, aesthetic, economic, social, and environmental benefits will be maintained and enriched for present and future generations.

"Relocation" means the removal of a historic resource or landmark from its original site and placement at a new site.

"Resource" means a building, structure, object, cultural landscape, site, or archaeological site designated as a resource by the heritage preservation commission, pursuant to the criteria set forth in this article. All properties included on the city's historical resources inventory, as updated pursuant to the motion made by the planning commission at its March 24, 1993, meeting are resources for the purposes of this article.

"Secretary of the Interior's Standards and Guidelines for the Treatment of Historic Properties" means non-regulatory standards and guidelines for archeology and historic preservation published by the Secretary of the Interior. They provide technical advice about archeological and historic preservation activities and methods.

"Site" means the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains historical or archaeological value regardless of the value of any existing structure.

"Survey" is the accepted method of systematically studying historic resources. It includes statements of significance according to the criteria set forth in this article and, when available, a physical description and a photograph of each historic resource, legal information from title or assessment records, and a statement of any potential threats to the integrity or continued existence of the resource. The information is recorded onto a survey sheet and kept as a historic resources inventory. Information from the survey is used by the heritage preservation commission to identify historic resources it recommends for designation.

(a)

The city council may by ordinance designate:

1.

Landmarks.

2.

Historic districts.

(b)

Each designating ordinance shall include a description of the characteristics of the landmark or historic district which justify its designation, and a list of any particular features that are to be preserved, and shall specify the locations and boundaries of the landmark site or historic district.

(c)

The property designated shall be subject to the controls and standards contained in this article. In addition, the property shall be subject to the following further controls and standards if imposed by the designating ordinance:

1.

For a publicly owned landmark, review of proposed changes in major interior architectural features.

2.

For a historic district, such further controls and standards as the city council finds necessary or desirable, including but not limited to facade, set-back and height controls.

(d)

The city council may amend or rescind a designation only by ordinance, after planning commission and city council hearings as required for original designation.

(e)

Initiation of Designation Proceedings. Initiation of designation proceedings shall be by resolution of the city council or planning commission, or by the written application of the property owners. Applications for designations shall be filed with the planning department upon forms prescribed by the planning director, and shall be accompanied by all data required by the planning commission. The date of initiation is the date the resolution is adopted or a valid application is filed.

1.

To facilitate such designation proceedings, the HPC shall periodically establish a list of potential landmarks deserving official landmark status, and submit such list, with the signed consent of the property owner(s), for review and potential action by the planning commission.

2.

An application for designation of a historic district must be subscribed by the signed consent of one hundred percent of the properties (as represented by one legal owner's vote per parcel) in the proposed district.

(f)

Where planning commission and city council hearings are required, the proceedings for recommendation, and for referral in cases where the city council does not follow the recommendation, shall be the same as those provided in article 36 for rezoning.

(g)

Hearing by Planning Commission. The planning commission shall hold a public hearing on the proposal, with notice given as provided for rezoning in article 36.

1.

Action and Time Limit. The planning commission shall consider the degree of conformity of the proposed designation with the purposes and standards of this article and the general plan. The planning commission shall approve, approve with modifications, or disapprove the proposal within ninety days after the initiation of designation proceeding.

2.

Notice of Action. The planning commission shall promptly notify the applicant of action taken. If the planning commission approves or modifies the proposed designation in whole or in part, it shall transmit the proposal, together with a copy of the resolution of approval to the city council.

(h)

Designation by City Council. The city council shall hold a public hearing concerning the designation. Notice of time and place of the hearing shall be given in the time and manner provided for the giving of notice of the hearing by the planning commission. The city council may deny, approve, or modify and approve, the recommended designation provided by the planning commission.

(i)

Notice of Designation by City Council. When a landmark or historic district has been designated by the city council, the city clerk shall promptly notify the owners of the property included therein. The city clerk shall cause a copy of the designating ordinance, or notice thereof, to be recorded in the office of the county recorder.

(a)

Conformity Required. Construction or alteration work for requiring a city permit is prohibited on a landmark or in a historic district unless approval by the heritage preservation commission has been granted as provided in this section.

(b)

Permit Required. No person shall do any work listed below without first obtaining permit approval from the HPC:

1.

Exterior alteration to a landmark.

2.

Interior alterations that would affect the exterior of a landmark.

3.

Construction of any type on a landmark or within a historic district unless excepted by the designating ordinance, or of a type which does not affect the exterior appearance of the landmark or district or any structure on the site or in the district.

(c)

The planning department shall maintain a current record of landmarks and historic districts. Applications for permits to do work on a landmark or historic district shall be submitted to the planning department for processing. Applications shall include plans and specifications showing the proposed exterior appearance, color and texture of materials, and the proposed architectural design of the exterior of the structure. Where required by the heritage preservation commission, applications shall also show the relationship of the proposed work to the environs. If the application does not provide sufficient information for review by the heritage preservation commission, the planning department shall request the omitted information from the applicant, and the applicant shall supply it.

(d)

Decision, Time Limitation. The heritage preservation commission shall ascertain whether the proposed work conforms to this article and with the provisions of the original designating ordinance. The heritage preservation commission shall approve, approve with conditions, disapprove or suspend the application within sixty days after the filing of a complete application with the planning department.

(e)

Suspended Action. To obtain sufficient time for steps necessary to preserve the structure concerned, the heritage preservation commission may suspend action on an application to permit construction or alteration, for a period not to exceed one hundred eighty days. The city council may, by resolution, extend the suspension for an additional period not to exceed one hundred eighty days, if the resolution is adopted not more than ninety days and not less than thirty days prior to the expiration of the original one hundred eighty day period. During the suspension period, the heritage preservation commission may consult with civic groups, public agencies, and interested citizens, make recommendations for acquisition of property by public or private bodies or agencies, explore the possibility of moving one or more structures or other features, and take any other reasonable measures.

(f)

Review Criteria and Findings for Proposed Alteration. The issuance of a building permit for a proposed alteration to a landmark or to a property within a historic district shall be approved only if the following findings can be made:

1.

On a landmark, the proposed work will neither adversely affect the exterior architectural characteristics or other features of the landmark (and, where specified in the designating ordinance for a publicly-owned landmark, its major interior architectural features) nor adversely affect the character or historical, architectural or aesthetic interest or value of the landmark.

2.

In historic districts, the proposed work will neither adversely affect the exterior architectural characteristics or other features of the property which is the subject of the application, nor adversely affect its relationship, in terms of harmony and appropriateness, with its surroundings, including neighboring structures, nor adversely affect the character, or the historical, architectural or aesthetic interest or value of the district. In any event, applications shall not be granted for work which violates standards included in the designating ordinance.

3.

The effects of the proposed work on the landmark is consistent with the applicable standards for preservation, standards for rehabilitation, standards for restoration, and standards for reconstruction as included in the Secretary of the Interior's Standards for the Treatment of Historic Properties.

4.

The proposed action is consistent with the goals and policies of the city's general plan.

(g)

Showing of Hardship in Cases of Proposed Alterations, or Constructions. If the applicant presents facts clearly demonstrating to the satisfaction of the heritage preservation commission that failure to approve the application will create immediate and substantial hardship because of conditions peculiar to the particular structure or other feature involved, the heritage preservation commission may approve such application even though it does not meet the standards set forth in either this article. The decision of the HPC is appealable to the city council. Applications for permits to complete repairs, resulting from damage by fire, flood, calamity or other acts of God, shall be exempt from any review by the HPC.

(a)

Proposed demolition or removal affecting a designated historic district, landmark, or resource that would require a demolition permit from the building department is subject to review by the heritage preservation commission (HPC) prior to issuance of a demolition permit.

(b)

For a historic district or landmark, any application for a demolition permit for which the HPC cannot make the findings below shall be deemed inconsistent with the provisions of this section and referred back to the applicant:

1.

Decision, Time Limitation. The HPC shall determine whether the application would conform to this article and the provisions of the designating resolution and shall approve, approve with modifications, disapprove, or suspend (in accordance with section 30.05(e).) the application within sixty calendar days after the filing of a complete application with the city.

2.

Review Criteria and Findings for Proposed Demolition. The issuance of a permit for the proposed demolition of a landmark or structure within a historic district shall be approved only if the following findings can be made:

a.

Demolition of the landmark or property within a historic district would correct a public safety hazard or nuisance condition, as defined by the international building code and verified by the building official in consultation with the city manager;

b.

No economically feasible alternatives to demolition of the landmark or property within a historic district exist to restore or repair the resource to a state that would abate the threat posed to public safety;

c.

Application of the standards and requirements of the California Historic Building Code would not correct deficiencies resulting in the unsafe or dangerous conditions of the designated resource; and

d.

Relocation of a landmark is not a feasible alternative to demolition.

(c)

For any proposed demolition and/or removal affecting a resource, for which a demolition permit issued by the city building department is required, the city planner shall take the proposed project to the HPC for review and advisory comments at their next regularly scheduled meeting. Upon request of the applicant, a special meeting of the HPC may be called subject to public noticing requirements.

1.

Time Limitation. The HPC shall provide any advisory comments within forty-five calendar days of receipt by the city of a complete application for the project.

(d)

Notwithstanding any other provisions of this section, the HPC shall be notified by planning staff of permit applications for demolition or removal of buildings fifty years or older that do not have a historic designation. The HPC may direct planning staff to invite the applicant to bring the project for advisory review by the HPC. Time limits applicable to processing of the permit by the building department shall apply.

Based on the following criteria, the city council, on recommendation of the heritage preservation commission may, by resolution, designate, historic districts, historic landmarks, or historic resources.

(a)

Criteria for Designation of a Historic District. To be designated as a historic district, a geographically definable area must possess a significant concentration, linkage, or continuity of sites, buildings, structures, or objects that retain a high degree of integrity and are representative of a specific time period, or are united by past events, aesthetic character, or by plan or physical development; and meet at least one of the following criteria for designation:

1.

A significant proportion of the properties convey a sense of historic or architectural cohesiveness through their design setting, materials, workmanship, or association;

2.

The area is associated with a historically significant period in the development of the community or is associated with special historical events;

3.

A significant proportion of the properties embody distinctive characteristics of a style, type, period, or method of construction, or are a valuable example of the use of indigenous materials or craftsmanship; or

4.

A significant proportion of the properties represent the work of notable builders, designers, engineers, or architects; or

(b)

Criteria for Designation of a Landmark. To be designated as a landmark, a place, object, structure, or site must retain a high level of historic and architectural integrity and meet at least one of the following criteria for designation:

1.

It represents the first, last, only, or most significant of a special or exemplary element of the city's cultural, social, economic, political, aesthetic, engineering, architectural, or natural history, such that is has regional, state, or national importance;

2.

It is identified with a person or persons or event having a profound influence on regional, state, or national history;

3.

It embodies distinctive characteristics or is an outstanding example of a style, type, period, method of construction, or architectural design or is an example of the use of unique local materials or craftsmanship determined to have regional, state, or national importance;

4.

It represents the work of a notable builder, designer, engineer, or architect recognized at the regional, state, or national level; or

5.

It has potential to yield archaeological, ethnographic, or anthropological information with regional, state, or national importance.

(c)

Criteria for Designation of a Historic Resource. To be designated as a historic resource, a property must retain physical integrity and meet at least one of the following criteria for designation:

1.

It reflects important element(s) of the city's cultural, social, economic, political, aesthetic, engineering, architectural, or natural history;

2.

It is identified with a person or persons or event significant in local history;

3.

It embodies important characteristics of a style, type, period, or method of construction of local historical importance;

4.

It represents the work of a notable local builder, designer, or architect; or

5.

It may yield important archaeological, ethnographic, or anthropological information about the city's past.

(a)

Applicability.

1.

No application for a permit to construct, alter, demolish or remove any landmark in a proposed historic district, filed subsequent to the date of initiation of proceedings to designate the landmark to or historic district, shall be approved while the proceedings are pending; provided, however, that if final action on the designation has not been completed one hundred eighty days after initiation of designation proceedings, the permit application may be approved.

2.

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

(b)

Unsafe or Dangerous Conditions. None of the provisions of this article shall prevent any measures of construction, alteration, or demolition necessary to correct the said condition, provided, however, that only such work as is absolutely 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 building official or the fire marshal, and where the proposed measures have been declared necessary, by such official, to correct the unsafe and dangerous condition and as is done with due regard for preservation of the appearance of the structure involved may be performed pursuant to this section. In the event any structure or other feature shall be damaged to such an extent that if, in the opinion of the aforesaid officials, it cannot reasonably be repaired and restored, it may be removed in conformity to normal permit procedures and applicable laws.

(c)

Duty to Keep in Good Repair. The owner, lessee, and other person in actual charge or possession of a landmark or of a structure in a historic district, shall keep in good repair all of the exterior portions of such landmark or structure, all of the interior portions thereof when subject to control as specified in the designating ordinance, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior portion.

(d)

Enforcement.

1.

Duty to Administer and Enforce. It shall be the duty of the planning director, or authorized delegate, to administer and enforce the provisions of this article. Upon request, the building official shall assist the director of planning in the performance of this duty.

2.

Inspection of Premises. In the performances of his duties, the planning director and authorized employees of the planning department shall have the right to enter any building or premises for the purposes of investigation and inspection; provided, that such methods of investigation and inspection shall comply with all current laws including section 12C-6.

(e)

Methods of Enforcement. In addition to the regulations of this article, the other portions of the zoning ordinance and this Code governing the approval or disapproval of applications for building permits or other permits or licenses affecting the use of land or buildings, the planning director shall have the authority to implement the enforcement thereof by serving notice requiring the removal of any violation of this article upon the owner, agent, tenant or occupant of the building or land, or upon the architect, builder, contractor or other person who commits or assists in any such violation.

(a)

Appeal from any action taken by the heritage preservation commission or by the planning commission on recommendation from the heritage preservation commission under the provisions of this article shall be made in writing to the city council within ten calendar days from the date of the action taken by the heritage preservation commission or the planning commission. An action of the heritage preservation commission or the planning commission made pursuant to this article is final eleven calendar days following the date of the action unless a written appeal is filed.

(b)

Appeals may be filed by the applicant or any aggrieved party. Such application for appeal shall be submitted to the planning department at city hall and shall be accompanied by a fee in the amount as established by resolution of the city council.

(c)

Within fifteen calendar days of the filing of any such appeal, the heritage preservation commission and/or planning commission shall forward all documents pertaining to the action to the city council for review. The city council shall hear the appeal within forty-five calendar days of the filing of the appeal.

(d)

The city council shall consider the record and such additional evidence as may be offered and may affirm, reverse or modify, in whole or in part, or make and substitute such other additional decision or determination as it may find warranted under the provisions of this article. The determination of the city council on the appeal shall be final.

(e)

The decision of the city council shall be expressed by a document, a copy of which shall be provided to the petitioner, planning commission, and heritage preservation commission within ten calendar days of the conclusion of the hearing.

(Ord. No. 484, § 2, 3-5-2013)