El Cajon City Zoning Code
CHAPTER 17
55 HISTORIC PRESERVATION
§ 17.55.010 Title.
This chapter may be known and cited as the "Historic Preservation Ordinance."
(Ord. 4950 § 3, 2010)
§ 17.55.020 Purpose.
The purpose of this chapter is to establish a comprehensive set of reasonable and uniform regulations and procedures to allow for the identification and certification of appropriate historic resources within the city with the objective of preserving them whenever possible, and more particularly to preserve historic resources to:
A.
Effect and accomplish the protection, enhancement, and perpetuation of historic resources that represent or reflect elements of the city's cultural, social, architectural, political, and economic history;
B.
Preserve the heritage of the city by providing for the protection of its historic resources;
C.
Encourage public knowledge, understanding, and appreciation of the city's history;
D.
Stabilize and improve property values and increase economic and financial benefits to the city and its inhabitants;
E.
Foster civic pride in the character and accomplishments of the past;
F.
Promote the use of historic resources for the education, pleasure and welfare of the people of the city; and
G.
Strengthen the economy of the city by protecting and enhancing the city's historic resources for residents, tourists, and visitors.
(Ord. 4950 § 3, 2010)
§ 17.55.030 Boundaries and scope of application.
This chapter applies to all resources, historic and potentially historic, publicly and privately owned, within the corporate boundaries of the city.
(Ord. 4950 § 3, 2010)
§ 17.55.040 Definitions.
For the purpose of this chapter, the following definitions shall apply:
means any exterior change or modification, through public or private action, of any historic resource including, but not limited to, exterior changes to or modification of a structure or any of its architectural details or visual characteristics, such as paint color and surface texture, and the placement or removal of any exterior objects such as signs, plaques and light fixtures substantially affecting the exterior historic qualities of the resource.
means a permanently located structure having a roof, including manufactured housing, but excluding all other forms of vehicles even though immobilized. Where these provisions require, or where special authority granted pursuant to this title requires that a use shall be entirely enclosed within a building, this definition shall be qualified by adding "and enclosed on all sides."
means the permit granted after review by the historic preservation commission of applications to demolish, alter, relocate or remove a historic resource in accordance with and as provided by this chapter.
means the historic preservation commission of the city of El Cajon established by this chapter.
means the city council of the city of El Cajon.
means an act or process that destroys or razes in whole or in part a building or structure or permanently impairs its structural integrity.
means department of community development staff.
means an exterior face or elevation of a building, often used to mean the front of the building, which may be distinguished from the other faces or elevations by elaboration of architectural or ornamental details.
means a decorative or functional device permanently affixed to a site or the exterior of a structure and contributing to its ability to meet historical designation criteria. Fixtures include, but are not limited to, lighting devices, murals, moldings, leaded glass or other decorative windows and decorative hardware.
means any improvement, building, structure or feature, natural or manmade, that is historically significant to the cultural, social, architectural, political, and economic heritage of the city of El Cajon, the state of California, or the United States, and that has been designated as historically significant in the National Register of Historic Places, the state of California Register of Historical Resources, or this historic preservation ordinance.
means an agreement executed between the city and a property owner of an historic resource for a minimum ten-year term providing for property tax savings in exchange for preservation of a designated historic resource.
means any building or structure or other object affixed to and constituting a physical betterment of such property, or any part of such betterment.
means the Historic Preservation Inventory—El Cajon, California; prepared for the city in 1985 by SANDAG or any approved update thereof.
means any tree or other plant material that has been placed, planted or manipulated by man for cultural purposes.
means any:
Work done on any improvement, building, or structure for which a certificate of modification is not needed.
Replacement of any part of an improvement, building, or structure for which a permit issued by the building division is not required by law or where the purpose and effect of such work or replacement is to correct any deterioration, decay of, or damage to such improvement, building, or structure, or any part thereof, and to restore the same, as nearly as may be practicable, to its condition prior to the occurrence of such deterioration, decay, or damage.
means the person or persons appearing on behalf of the resource and shown as the owner of the resource on the last equalized property tax assessment roll of the county of San Diego.
means any individual, association, partnership, firm, corporation, public agency, or political subdivision.
means the identification, study, protection, restoration, rehabilitation or enhancement of historic resources.
means the displacement from a historic resource of any device, feature, fixture, hardware, structural or decorative material contributing to the historic character of the resource or historic resource.
means any improvement, building, structure or feature, natural or manmade that may have historic or cultural significance, but has not been so designated.
means the individual who is doing the work or has hired the work done on a designated historical resource, particularly in the case when the department of community development does not require building permits for the work that is being done.
means the Secretary of the Interior's Standards for Rehabilitations and Guidelines for Rehabilitating Historic Buildings by the United States Department of the Interior, National Park Service.
(Ord. 4950 § 3, 2010)
§ 17.55.050 Historic preservation commission.
Pursuant to this chapter, the planning commission shall sit as the historic preservation commission of the city. Items concerning historic preservation shall be placed on the planning commission's regular agendas.
(Ord. 4950 § 3, 2010)
§ 17.55.055 Powers and duties of the commission.
The commission shall have the power and duty to:
A.
Review and recommend action on the historic resource designation for an improvement, building, structure or feature;
B.
Approve or disapprove, in whole or in part, an application for a certificate of modification regarding the demolition, alteration, or removal of a designated historic resource;
C.
Review and recommend action on requests for Mills Act agreements;
D.
Participate in the process of revising the historic element of the general plan of the city when necessary;
E.
Encourage cooperation between public and private historic preservation groups.
(Ord. 4950 § 3, 2010)
§ 17.55.060 Historic resource designation.
A.
Registration. The legal owner of any property, building, structure or improvement may request its designation as an historic resource by submitting an application for such designation to the department of community development in accordance with this chapter. The commission shall have the responsibility to review such requests at a public hearing and to make a recommendation to the city council as to whether the subject resource is historic or not. The commission shall prepare and transmit a report to the city council of the historical significance of the resource to be designated.
B.
Designation.
1.
Criteria. Criteria and standards for the designation of historic resources may include any or all of the following as applicable:
a.
Exemplifies or reflects special elements of the city's cultural, social, architectural, political, and economic history;
b.
Is identified with persons or events significant in local, state, or national history;
c.
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;
d.
Is representative of the notable work of an acclaimed builder, designer, or architect;
e.
Is identified with a person or persons or groups who significantly contributed to the culture and development of the city;
f.
Embodies elements of outstanding attention to architectural design, detail, materials or craftsmanship;
g.
Is found on the city's historic preservation inventory (inventory); or
h.
Involves a structure, building or improvement constructed at least seventy-five years ago.
2.
Procedure. Historic resources shall be established in the following manner:
a.
Preparation. The application should be prepared by a qualified historic preservation specialist.
b.
Submit an Application. The commission, upon the submittal of an application from the legal property owner, may recommend the designation of any improvement, building, structure or feature, natural or manmade (resource) in the city as an historic resource. The historic resource designation application shall be submitted to the department of community development. It must include a minimum of the following items and information:
i.
Name and address of property owner;
ii.
Assessor's parcel number and address of the site;
iii.
Chain of title and grant deed;
iv.
Description of the proposed resource, including special cultural, social, architectural, political, and economic value of a historic nature;
v.
Sketches, photographs or drawings and listing in the 1985 SANDAG Historic Preservation Survey for El Cajon;
vi.
Statement of condition of structures;
vii.
Explanation of any known threats to the improvement or the site;
viii.
Environmental information re-quested by department staff; and
ix.
Other information as requested or recommended by the department staff.
c.
Set the Date for a Public Hearing. When the application has been deemed complete by department staff, it will be placed on an agenda of the planning commission for a public hearing.
d.
Stop Construction Activity on the Subject Property. When the application (requesting consideration of a historic resource designation) has been accepted as complete and a public hearing date has been assigned (the filing date), the director of community development shall notify the building and fire safety division to accept no further applications for permits to construct, alter or demolish any building, structure, or improvement on the subject property nor to issue any permits that are based on applications made after the filing date, while proceedings are pending on such designation; provided, however, that after one hundred eighty days have elapsed from the date of the notice, if final action on such designation has not been completed, the permit application may be approved.
e.
Public Notice of the Public Hearing. Public notice shall be given, and a public hearing held pursuant to Chapter 17.25 of this title.
f.
Public Hearing. The commission shall provide an opportunity to be heard to each affected owner and other interested members of the public. The commission may, if necessary, continue the consideration of designation to its next regularly scheduled meeting.
g.
Report of Recommendations. The commission shall make its recommendation at the close of the hearing. The commission shall by resolution make a report and recommendation to the city council. If the commission determines that the improvement does not meet historic resource designation criteria, the process shall terminate and the commission shall notify the property owner and applicant of such termination in writing within 10 days of the commission's determination. If the commission determines that the resource warrants historic resource designation and the property owner has consented to same in writing, then the commission shall adopt a resolution incorporating its reasons in support of the proposed designation and transmit the resolution, staff report and minutes to the city clerk.
h.
City Council Hearing. The city clerk, upon receipt of the resolution, shall set the matter for hearing by the city council within 30 days of the date of filing of the commission resolution and shall render its decision at the close of the hearing of the city council.
i.
Notice of Decision. Failure to send notice by mail to any affected 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 commission and city council may also give such other notice, as they may deem desirable and practicable.
(Ord. 4950 § 3, 2010)
§ 17.55.070 Certificate of modification and permit procedures.
A.
Certificate of Modification. No person shall carry out or cause to be carried out on a designated historic resource any of the following activities without a certificate of modification: alteration to such buildings, structures, or improvements, or any part thereof, including construction, demolition, addition, or relocation.
1.
The director shall maintain a current record of designated historic resources and inventory. The department of community development shall require any building permit application on a designated historic resource to be accompanied by an application for a certificate of modification.
2.
If no permits are required by the department of community development to pursue work on a designated historic resource, the party who is doing the work or has hired the work to be done is the "responsible party" and is responsible for the work and its consequences to the designated historic resource. The responsible party shall apply for a certificate of modification prior to any work activity that would disturb said designated historic resource in any way (see Section 17.55.170(A) - Obligations and consequences upon alteration without a certificate of modification).
3.
It may be advisable to have a qualified historic preservation specialist involved in preparing the application. This will depend on the nature of the designated historic resource, the type and extent of the proposed work, and the applicant's level of expertise in historic preservation.
4.
An application for a certificate of modification shall be filed with the department of community development. The application shall contain the following materials and information:
B.
Exceptions to Requirements for a Certificate of Modification. The following items of construction, work or labor on a building, structure, or improvement shall not require a certificate of modification:
1.
Routine maintenance, which does not require a building permit.
2.
All alterations which are entirely interior and do not affect the exterior of the building, structure or improvement.
3.
Alterations in the interest of public health or safety as determined by the city manager or designee.
4.
Demolition in the interest of public health or safety as determined by the city manager or designee. Where it is determined by the city manager or designee, that demolition, removal or alteration of a designated historic resource is immediately necessary in the interest of the public health or safety, a demolition permit may be issued without the owner first obtaining a certificate of modification.
5.
Maintenance and Care.
a.
Ordinary Maintenance and Repair. Nothing in this article shall be construed to prevent the ordinary maintenance and repair of any exterior feature of any designated historic resource that does not involve a change in design, material, color, or appearance thereof. Nothing in this article shall prevent the construction, reconstruction, alteration, restoration or demolition of any such feature for which the building official shall certify is required for public safety because of an unsafe or dangerous condition.
b.
Affirmative Duty to Maintain. Every designated historic resource shall be maintained in good repair by the owner or such other person who has legal possession or control thereof, in order to preserve it against decay and deterioration to the extent practicable.
(Ord. 4950 § 3, 2010)
§ 17.55.080 Notice and public hearing upon application for a certificate of modification.
Within 30 days of the filing of a complete application for a certificate of modification or of a determination by the historic preservation commission that a certificate of modification should be modified, suspended, or revoked, a public hearing date shall be set, public notice shall be given, and a public hearing held by the commission pursuant to Chapter 17.25 of this title. The range of actions the historic preservation commission may take, as well as the criteria the commission must use, are listed below:
A.
The commission shall approve, approve with modifications, or deny each application in writing by resolution, stating the findings of fact and reasons relied upon in reaching its decision.
B.
The commission or the city council, upon appeal, shall issue a certification of modification for the proposed work if, and only if, it determines:
1.
The action proposed is consistent with the purposes of this chapter;
2.
The action proposed is consistent with the Secretary of the Interior's Standards for Rehabilitation; or
3.
The action proposed will not be detrimental to a structure or feature of significant historical value; or
4.
In the case of construction of a new improvement, building or structure, that the exterior of such improvements will not adversely affect and will be compatible with the external appearance of the building or structure; or
5.
The applicant has demonstrated that the action proposed is necessary to correct an unsafe or dangerous condition on the property.
(Ord. 4950 § 3, 2010)
§ 17.55.090 Historic preservation commission-Findings and decision.
Within 40 days of the close of the public hearing, the historic preservation commission shall announce its findings by resolution.
(Ord. 4950 § 3, 2010)
§ 17.55.100 Notice of decision of historic preservation commission.
Within 10 days of the passage of a resolution, as described in Section 17.55.090, by the historic preservation commission, the commission shall on the same date:
A.
Notify the applicant of the commission's action by mailing a copy of the resolution to the applicant at the address shown upon the application; and
B.
File a copy of the resolution with the city clerk.
(Ord. 4950 § 3, 2010)
§ 17.55.110 Appeal of historic preservation commission decision.
The resolution of the historic preservation commission shall be final and conclusive, unless a written appeal is filed with the city clerk no later than 10 days after the actions required in Section 17.55.100 are satisfied, or a written request for review of such action is filed with the city clerk by a member of the city council. The filing of an appeal or request for review shall stay the effective date of such determination or order until such time as the council has acted on the appeal as hereinafter provided.
(Ord. 4950 § 3, 2010)
§ 17.55.120 Transmission of historic preservation commission's record to council.
Upon receipt of a written appeal filed with the city clerk as provided herein, or filing of a written request for review by a member of the city council, the complete historic preservation commission record of the case shall be transmitted to the city clerk.
(Ord. 4950 § 3, 2010)
§ 17.55.130 Council to hold public hearing on appeal.
The city council shall conduct a public hearing as provided in Chapter 17.25 of this title within 40 days of the occurrence of any of the following:
A.
The filing of a written appeal from a resolution of the historic preservation commission granting, denying or modifying an application for a certificate of modification; or
B.
The filing of a written request for review by a member of the city council of a resolution of the historic preservation commission granting, denying or modifying a certificate of modification.
(Ord. 4950 § 3, 2010)
§ 17.55.140 Council recommendation-Referral to historic preservation commission.
The city council may approve, modify or disapprove the recommendation of the historic preservation commission, provided that any modification of the proposed certificate of modification by the city council not previously considered by the historic preservation commission during its hearing may be referred to the commission for report and recommendation, but the commission shall not be required to hold a public hearing thereon. Failure of the commission to report within 40 days after the date of the referral shall be deemed to be a positive recommendation of the proposed modification.
(Ord. 4950 § 3, 2010)
§ 17.55.150 Council to announce findings and decision by resolution.
The city council shall announce its decision and findings by resolution within 30 days of the close of the hearing. Such resolution shall state findings supporting the council's decision granting, denying, modifying, suspending or revoking such certificate of modification.
(Ord. 4950 § 3, 2010)
§ 17.55.160 Decision of the council deemed final.
The action by the city council on appeals shall be by majority vote of the entire council and shall be final and conclusive.
(Ord. 4950 § 3, 2010)
§ 17.55.170 Enforcement and penalties.
A.
Obligations and Consequences Upon Alteration Without a Certificate of Modification.
1.
Demolition, relocation, significant alteration, or removal of any building, structure, or improvement subject to the provisions of this chapter without first obtaining a certificate of modification may result in the charge of an infraction or a misdemeanor, subject to the provisions of the general penalty clause as set forth in Section 1.24.010. Such action is further expressly declared to be a nuisance, and shall be abated by reconstructing or restoring the property to its original condition prior to the performance of work in violation of this article whenever possible. The owner of the property, within 30 days of notice from the director of community development that demolition, relocation, significant alteration, or removal has been performed in violation of this chapter, shall execute and record a covenant in favor of the city to do such reconstruction or restoration within one year of the date of such notice. The form of the covenant shall be subject to approval by the city attorney, and shall run with the land. Upon application to the commission for a certificate of modification, the commission may extend the time for correction, if the owner shows the work cannot reasonably be performed within one year.
2.
For purposes of this section, the demolition shall be presumed to have occurred on the date the city has actual knowledge of the demolition, and the owner shall have the burden of proving an earlier date, if entitlement to an earlier date is claimed.
3.
The director shall cause notice of the applicability of this section to be sent by certified mail to the person shown as the owner on the rolls of the latest equalized assessment roll of the county assessor, and to any other person known to have an interest in the property, as soon as practicable after having knowledge that the provisions of this section are applicable to the property. The date the city first had actual knowledge of the demolition shall be stated in the notice.
B.
Consequences for Failure to Maintain. If the owner refuses upon 30 days' written notice from the city to correct or undertake the maintenance of a building, structure, or improvement, then the city may cause such repair or work to be done, and the owner shall reimburse the city for all costs incurred in doing such work. The cost of the work performed by the city shall constitute a lien against the property on which the work is performed. Restoration or reconstruction may only be required when plans or other evidence is available to effect the reconstruction or restoration to the satisfaction of the director of community development.
C.
Appeal of Decision. The decision of the director that this section is applicable to property may be appealed by the affected owner to the commission, which shall hold a hearing and render a decision on such appeal within 30 days of its filing with the department of community development. The decision of the commission may be appealed to the city council in accordance with the procedures for appeal of a denial of a certificate of modification in Section 17.55.110.
D.
Remedies are Cumulative. The remedies available to the city are cumulative. The city's exercise of civil remedies shall be in addition to, and not in lieu of, any criminal prosecution and penalty.
(Ord. 4950 § 3, 2010)
§ 17.55.180 Certificate of modification revocation.
The historic preservation commission shall, after a public hearing held in the manner prescribed in Sections 17.55.080. through 17.55.160 of this chapter, modify, suspend or revoke any certificate of modification if it is being or recently has been, exercised contrary to its terms or conditions, or in violation of this or any other title of this code, or in violation of any other ordinance of the city.
(Ord. 4950 § 3, 2010)
§ 17.55.190 Historic resource preservation (Mills Act) agreement procedures.
To make historic preservation incentives available to El Cajon residents, the city council authorizes the use of contracts pursuant to California Government Code Section 50280 et seq., alternately known as "Historical Property Contracts" or the "Mills Act.” Such contracts may be entered into at the sole discretion of the city council based on the recommendations of the historic preservation commission in a form to be approved by the city attorney. The intent of such contracts shall be the continued preservation of historical resources.
A.
Prior to submitting an application for a historic resource preservation agreement, the owner shall schedule a pre-application review conference with the department of community development. The purpose of the pre-application review conference is to ensure that mandatory terms of the agreement are understood and that the minimum submittal requirements are met.
B.
Once an application has been determined to be complete, the staff shall forward it to the historic preservation commission to review at a noticed public hearing pursuant to Section 17.55.080. The historic preservation commission shall consider the proposed list of improvements, make recommendations for amendments to the list, and shall make a recommendation to the city council regarding the proposed list of improvements.
C.
Following receipt of the historic preservation commission recommendation, the city council shall consider the historic resource preservation agreement along with the list of recommended improvements at a noticed public hearing. The city council will be provided with information regarding the estimated fiscal impact as a result of the Mills Act designation.
D.
After conclusion of the public hearing, the city council shall either approve, conditionally approve or disapprove the request.
E.
Once the historic preservation agreement has been approved by the city council, the agreement shall be executed by the property owner(s) and the city. No later than 30 days after the agreement is properly executed, the city clerk shall forward the agreement to the county recorder's office for recording. The recorded copy will be returned to the city for submission to the county tax assessor's office for implementation. In accordance with said law, no properly executed Mills Act agreement may take effect until it has been recorded and submitted to the county tax assessor's office. All approved agreements must be executed on or before December 1st of each year in order to take effect for the following property tax year.
(Ord. 4950 § 3, 2010)
§ 17.55.200 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason declared to be void, unconstitutional or invalid for any reason by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The council hereby declares that it would have enacted this chapter regardless of the invalid or proscribed section, subsection, sentence, clause or phrase.
(Ord. 4950 § 3, 2010)