A.

The purpose of the Historic Preservation (HP) Overlay Zone is designed to protect, for the benefit of present and future generations, the architectural and historic integrity of certain historically significant properties located within the City of Del Mar, as may be so designated by the City Council pursuant to this Code.

B.

It is the further intent of this overlay zone to provide for the long-term continued preservation of such designated historic landmark properties by providing for the architectural control of such properties, and by providing for flexible designation of permitted uses more befitting the economic viability of the historic structures occupying said properties than may otherwise exist under the permitted use provisions of the underlying zone.

Property within the HP Overlay Zone shall be designated by ordinance to be depicted upon the City zone map. (Zoning map boundaries modified per Ord. 642)

Allowable uses in the Historic Preservation (HP) Overlay Zone shall be those allowed by the underlying zone, subject to the regula-tions and restrictions of the underlying zone; except that, following public hearing, the City Council may permit use of a designated historic landmark property other than those uses permitted by the underlying zone, subject to such conditions and restrictions as the City Council deems appropriate. Where no specific use, or conditions or restrictions thereto have been so designated, the permitted uses and development criteria of the underlying zone shall apply.

Within the HP Overlay Zone, no building, improvement, structure or portion thereof, shall be erected, constructed, demolished, relocated, converted, altered or enlarged, nor shall any lot or premises be excavated or graded unless approved by the Design Review Board in accordance with this Code and the following:

A.

That all development demolitions, relocations, conversions, or other alterations occurring on designated historic landmark properties shall be in keeping with the architectural style and scale characterizing the period of history in which the structure was built, and shall be in keeping with the landscaping and architectural features which caused the property to be so designated as a historic landmark.

B.

Restoration efforts utilizing forms, materials, textures, colors, and landscape features common to the period of history when the designated landmark was constructed shall be encouraged. Where necessary, alternative building regulations shall be applied pursuant to Part 2 of Title 24 of the California Administrative Code, entitled "The Historical Building Code."

C.

Demolition and/or significant diminution of designated historic landmarks shall be permitted only if there are no viable alternatives for saving the landmark, and such alternatives have been fully addressed in an Environmental Impact Report filed pursuant to the California Environmental Quality Act.

Following review and recommendation by the Planning Commission and public hearings as are required for amendments to this Chapter, the City Council may designate any property located anywhere within the corporate limits of the City to be a designated historic landmark property, provided, however, that for each such designated landmark, specific findings are made that the designated property contains artifacts of archaeological or paleontological importance and/or structure(s) of historic significance. For purposes of this Section, historic significance shall mean any structure and/or use of a property which possesses a unique architect-ural style typifying a period of California or Del Mar history; any property and/or structure which is listed on a site or federal register of historic places; any property and/or structure which marks or represents a specific historic event; and/or any property and/or structure which typifies the historic character of a specific area of the City.