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 historic buildings and structures within the City that reflect special elements of the City's historical heritage for the following reasons:

   A.   To safeguard the City's heritage as embodied and reflected in cultural resources and historic sites;

   B.   To encourage public knowledge, understanding, and appreciation of the City's historic past;

   C.   To foster civic and neighborhood pride and a sense of identity based on the recognition and preservation of cultural resources;

   D.   To promote understanding and appreciation of cultural resources for the education of the people of the City;

   E.   To preserve diverse architectural styles and design preferences of periods of the City's history and to encourage complementary contemporary design and construction;

   F.   To promote public awareness of the benefits of preservation; and

   G.   To take whatever steps are reasonable and necessary to safeguard the property rights of the owners whose building or structure is declared to be a landmark. (Ord. 1212, 11-16-1993)

   A.   The Planning Commission shall have the power and authority to perform all of the duties enumerated and provided in this Chapter and shall act in accordance with its established rules and bylaws.

   B.   For the purposes of this Chapter, the Director, or the Director's designee, shall serve as administrative staff and as secretary to the Commission.

   C.   The Commission shall have the following powers and duties:

      1.   To maintain a local register of cultural resources and historic sites.

      2.   To recommend removal of a designated cultural resource.

      3.   To review and comment upon the conduct of land use, housing, municipal improvements, and other types of planning and programs undertaken by any agency of the City, the County, or the State as they relate to the cultural resources and historical sites within the City.

      4.   To report to the City Council on the use of various Federal, State, local, or private funding sources and mechanisms available to promote preservation of cultural resources and historical sites in the City.

      5.   To review applications for alteration, construction, demolition, relocation, and restoration of proposed or designated cultural resources and approve or deny certificates of appropriateness for such actions pursuant to Sections 15-14-5 through 15-14-7 of this Chapter.

      6.   To cooperate with local, County, State and Federal governments and private organizations in the pursuit of the objectives of historic preservation within the City.

      7.   To ensure that designation of a building or structure as a designated cultural resource shall not infringe upon the rights of private owners to make any and all reasonable uses of such designated cultural resource which are not inconsistent with the purposes of this Chapter. (Ord. 1212, 11-16-1993; amd. Ord. 1315, 1-18-2000; Ord. 1629, 11-16-2021)

   A.   Procedures: Requests for designation of a cultural resource are voluntary and may be made by or with the written consent of the property owner, by filing an application with the Community Development Department. The designation of a cultural resource is strictly voluntary, not mandatory.

      1.   The Commission shall hold a public hearing on the matter as set forth in Chapter 15-28 and provide a written recommendation to the City Council as to whether the building or structure should be made a designated cultural resource.

      2.   After receiving the recommendation of the Commission, the City Council shall hold a public hearing as set forth in Chapter 15-28 and approve or deny the recommendation.

      3.   Any hearing may be continued for any reason by the consent of the City and the property owner. If the property owner does not consent, there may be no more than one continuance for a period not to exceed 31 days if the additional time is needed to conduct further study of the cultural resource. If an EIR or negative declaration is required, the time limits set forth in California Public Resources Code section 21151.5 shall apply.

      4.   The City Council shall declare designated cultural resources by resolution, which shall contain a statement as to why the cultural resource is so designated. Any such resolution shall include a legal description of the property involved, including lot and block number and the name of the property owner. The resolution shall be duly recorded by the City Clerk in the County Recorder's office.

   B.   Criteria: A cultural resource may be declared a designated cultural resource if it meets the following criteria:

      1.   Must be at least 50 years old; and

      2.   It is associated with persons or events significant in local, State, or national history; or

      3.   It reflects or exemplifies a particular period of national, State, or local history; or

      4.   It embodies the distinctive characteristics of a type, style, period of architecture, or method of construction.

   C.   Temporary Stay On Permits Pending Designation: No construction, alteration, demolition, relocation, or restoration shall be allowed and no other entitlement permits shall be issued with regard to any proposed designated cultural resource from the time an application for designation is made until the City Council has made a final decision to either approve or deny the request for designation.

   D.   Removal Of Designation: A cultural resource designation may be removed subject to the same procedures set forth above. (Ord. 1212, 11-16-1993; amd. Ord. 1315, 1-18-2000; Ord. 1629, 11-16-2021; Ord. 1639, 9-20-2022)

The Community Development Department shall maintain a designated cultural resources list which shall include the following information:

   A.   A legal description of each designated cultural resource, the names and addresses of all owners of designated cultural resources, and assessor's parcel numbers of designated cultural resources.

   B.   A legal description of the property included in any historic district, including the special historical, aesthetic, cultural, architectural, or engineering interests or value of the District.

   C.   Sketches, photographs or drawings of structures of all designated cultural resources and other significant buildings or historical sites.

   D.   A statement of the condition of designated cultural resources and other significant buildings or historical sites.

   E.   An explanation of any known threats to any designated cultural resource and other significant buildings or historic sites. (Ord. 1212, 11-16-1993; amd. Ord. 1245, 2-6-1996; Ord. 1315, 1-18-2000; Ord. 1629, 11-16-2021; Ord. 1639, 9-20-2022)

   A.   A certificate of appropriateness shall be required before the following actions affecting a designated cultural resource may be undertaken: construction, alteration, restoration, relocation, and demolition.

   B.   No building permit for any work on a designated cultural resource shall be issued until a certificate of appropriateness is issued in the manner provided for in this Chapter.

   C.   A certificate of appropriateness is not required for any ordinary repair and maintenance as described in Section 15-14-9 of this Chapter. (Ord. 1212, 11-16-1993; amd. Ord. 1629, 11-16-2021)

The Planning Commission may grant a certificate of appropriateness, subject to the process set forth in Chapter 28 of this title. (Ord. 1212, 11-16-1993; amd. Ord. 1315, 1-18-2000; Ord. 1629, 11-16-2021)

   A.    Alteration, Construction or Restoration: A certificate of appropriateness for the alteration, construction or restoration of a designated cultural resource shall not be issued unless the Commission or City Council, on appeal, find all of the following conditions exist:

      1.   The proposed alteration, construction or restoration will not adversely affect exterior architectural features of the building or structure specified in the designation; and

      2.   The proposed alteration, construction or restoration will not adversely affect the special character; special historical, architectural or aesthetic interest; nor the relationship and congruity between the subject structure or feature and its neighboring structures and surroundings, as specified in the designation.

   B.   Demolition: A certificate of appropriateness for the demolition of a designated cultural resource shall not be issued unless the Commission or City Council, on appeal, find one or more of the following conditions exist:

      1.   The structure or building is a hazard to public health or safety;

      2.   The site on which the designated cultural resource is located is required for a public use which will be of more benefit to the public than its use as a cultural resource and there is no practical alternative location for the public use; or

      3.   Denial of the proposed application will result in unreasonable economic hardship to the owner; it is not feasible to preserve or restore the designated cultural resource; and the property owner will be denied the reasonable beneficial use of the property if the application is denied.

   C.   Relocation: A certificate of appropriateness for the relocation of a designated cultural resource shall not be issued unless the Commission or City Council, on appeal, finds that:

      1.   One or more of the conditions set forth in subsection B of this Section exist;

      2.   The relocation will not destroy the historic, cultural or architectural value of the designated cultural resource; and

      3.   The relocation is part of a definitive series of actions which will assure the preservation of the designated cultural resource.

   D.   Exemption for Unreasonable Economic Hardship: A property owner may request an exemption from the provisions of this Chapter on the grounds of unreasonable economic hardship for any alteration, construction, restoration, demolition or relocation of a designated cultural resource.

A property owner requesting an exemption on the grounds of unreasonable economic hardship shall provide the following information; including, but not limited to:

      1.   Ownership and operation of the property, mortgage and financing information, market value, structural integrity, rehabilitation costs, assessed value, real estate taxes, debt service, and potential adaptive re-use.

      2.   For income-producing property:

         a.   Annual gross income from the property for the previous two years;

         b.   Itemized operating and maintenance expenses for the previous two years; and

         c.   Annual cash flow, if any, for the previous two years.

      3.   For low-income owners: a statement of present household income and number of persons in the household. Low-income households shall be defined as meeting the income level established by the U.S. Department of Housing and Urban Development.

      4.   The staff may require that a property owner furnish additional information which would assist the Commission in making a determination as to whether or not the property does yield or may yield a reasonable return to the owner(s) (i.e., pro forma financial analysis). In the event that any of the required information is not reasonably available to the property owner and cannot be obtained by the property owner, the property owner shall file with his affidavit a statement of the information which cannot be obtained and shall describe the reasons why such information cannot be obtained.

The property owner shall have the burden of proof to establish unreasonable economic hardship.

The Commission, or City Council on appeal, may grant an exemption on the grounds of unreasonable economic hardship if it finds that the application of the provisions of this Chapter to the proposed alteration, construction, restoration, demolition or relocation would deny the property owner reasonable beneficial use of the property and a reasonable rate of return on the owner's investment in the property. (Ord. 1629, 11-16-2021)

The owner, occupant, or other person who exercises control over a cultural resource shall keep in good repair all of the exterior architectural features of such improvement, building, or structure, and all of the interior portions whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature. (Ord. 1212, 11-16-1993)

Nothing in this Chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any designated cultural resource that does not involve a change in design, material, or external appearance thereof, nor does this Chapter prevent the construction, alteration, restoration, demolition, or removal of any such architectural feature if the Director certifies to the Commission that such action is required for the public safety due to an unsafe or dangerous condition. (Ord. 1212, 11-16-1993; amd. Ord. 1315, 1-18-2000; Ord. 1629, 11-16-2021)

Nothing in this Chapter shall be construed to prevent the Building Official from issuing a building permit if he determines that the demolition, removal or alteration of a designated cultural resource is immediately necessary to protect the public health, safety or welfare. (Ord. 1212, 11-16-1993)

   A.   Any person who violates any provision of this Chapter or fails to obey an order issued by the Commission or comply with a condition of approval of any certificate of appropriateness issued under this Chapter shall be guilty of a misdemeanor and subject to provisions of Section 15-30-2 of this Title.

   B.   Any person who constructs, alters, removes, relocates, restores or demolishes a designated cultural resource in violation of any provision of this Chapter shall be required to restore the building, object, site, or structure to its appearance or setting prior to the violation.

   C.   The Building Official shall have the authority to enforce all provisions of this Chapter. (Ord. 1212, 11-16-1993; amd. Ord. 1629, 11-16-2021)