The City of Escalon finds the protection, enhancement, perpetuation, and use of structures and districts of historical and architectural significance located within the city to be of cultural and aesthetic benefit to the community. It is further found that respect of the heritage of the city will enhance the economic, cultural and aesthetic standing of the city. The purpose of this chapter is to promote the general welfare of the public through:

A. Implementing the city's general plan.

B. Deterring demolition, destruction, alteration, misuse or neglect of historically or architecturally significant buildings that form an important link to Escalon's past.

C. Promoting the conservation, preservation, protection and enhancement of historic districts. (Ord. 495 § 1, 2005)

The historic preservation combining (H) district may be combined with any zoning district. Each historic preservation combining district shall be shown on the zoning map by adding an “H” to the base district designation. (Ord. 495 § 1, 2005)

The land use and development regulations applicable in an H district shall be as prescribed for the base district with which it is combined unless modified by another combining district. (Ord. 495 § 1, 2005)

It is sometimes in the public interest in order to retain the historic appearance of a neighborhood or site to make an exception to normal setback, parking, landscaping, fencing and screening requirements of Escalon's ordinances and codes when the exception does not interfere with health and safety. The planning commission, acting as the historic preservation commission, may initiate or approve exceptions to Escalon's land use regulations for properties located in historic districts. (Ord. 495 § 1, 2005)

In order for a property or group of properties to be eligible for the H district, the property must be listed on the National Register of Historic Places, be listed on a state, county or city register of historic places, or be deemed by the historic preservation commission to be of local historical significance. (Ord. 495 § 1, 2005)

A. There is hereby established in the City of Escalon a historic preservation commission, hereafter referred to as the “commission,” consisting of the planning commission until such time as a separate five-member commission is appointed by the city council.

B. Historic preservation commissioners shall be persons who have demonstrated special interest, competence, experience or knowledge of historic preservation.

C. The commission shall have the power and authority to perform all of the duties set forth herein.

D. In the event that a separate historic preservation commission is appointed by the city council, appointment of each member shall be for four-year overlapping terms. Initial appointments shall be as follows:

1. One member for two years;

2. Two members for three years;

3. Two members for four years.

E. Commission vacancies shall be filled in like manner for the unexpired term of such office. As the term of any member of the commission expires, his/her successor shall be appointed in like manner as such member. (Ord. 495 § 1, 2005)

The commission shall have the following powers and duties:

A. Adopting procedural rules for conduct of its business in accordance with the provisions of this chapter.

B. Conducting a comprehensive survey in conformance with state guidelines of local historical and cultural resources. Publicizing and updating the survey results.

C. Recommending, in accordance with the criteria set forth in this chapter, designation of local historical resources, including individual properties, landmark sites, conservation zones and historic districts.

D. Establishing and maintaining a local register of historical and cultural resources, including historic districts, landmark sites and landmarks within the city including all information required for each designation.

E. Review and comment upon the conduct of land use, housing and redevelopment, municipal improvement, and other planning programs undertaken by any agency of the city, county or state as they relate to the historical and cultural resources of the city.

F. Adopt standards to be used by the commission in reviewing applications for permits to construct, change, alter, modify, remodel, remove or significantly affect any historical or cultural resource.

G. Conduct negotiations on behalf of the city council regarding recommendations for the purchase by the city of interests in property, transfer of development rights, easements or other mechanisms for purposes of historical and cultural resource preservation.

H. Investigate and make recommendations to the city council regarding the use of federal, state, local or private funding sources and mechanisms available to promote historical and cultural preservation in the city.

I. Review applications for permits, environmental assessments, environmental impact reports or similar documents pertaining to designated and potential historical and cultural resources. The planning department shall provide all such documents to the commission as appropriate.

J. Review the actions of city departments and other public agencies concerning their effect on historical and cultural resources.

K. Consider the extent to which denial of permits affecting historical and cultural resources results in economic hardship on the part of property owners.

L. Make recommendations to the city council regarding hiring of consultants and conducting studies as the commission deems necessary.

M. Cooperate with local, county, state and federal governments in the pursuit of the objectives of historical and cultural resource preservation.

N. Assume whatever responsibilities and duties may be assigned to it by the city council.

O. Keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determinations and decisions. All such material should be part of the public record.

P. Commission meetings shall be open to the public and shall provide opportunity for direct public participation in the activities of the commission. Minutes shall be made available and agendas shall be mailed in advance of meetings to persons and organizations expressing an interest in commission activities.

Q. Render advice and guidance, upon request of property owners or occupants, on the restoration, alteration, decoration, landscaping or maintenance of historical and cultural properties.

R. Encourage and render advice to property owners or occupants regarding application procedures for state and national historical registries.

S. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historical and cultural resource preservation.

T. Confer recognition upon owners of landmarks or properties within historic districts by means of certificates, plaques or markers, as well as commendations to owners of historical properties who have rehabilitated them in an exemplary manner.

U. Undertake other activities necessary to fulfill the objectives of historical and cultural resource preservation. (Ord. 495 § 1, 2005)

Any building, site, natural feature or part of the city may be designated as a locally significant historical and cultural resource if one or more of the following criteria, rigorously applied, are set:

A. The site or area possesses character, interest or value reflecting the heritage of the city, region, state or nation.

B. The site or area is the location of a significant historical event.

C. The area is identified with a person or group that contributed significantly to the culture, history or development of the city, region, state or nation.

D. The structures within the area are the best remaining examples of an architectural style or way of life important to the city, region, state or nation.

E. The area or its structures are identified as the work of a person or group whose work influenced the heritage of the city, region, state or nation.

F. The area or its structures embody elements of outstanding attention to architectural or landscape design, detail, materials or craftsmanship.

G. The area is related to a designated historic building or district in such a way that its preservation is essential to the integrity of the building or district.

H. The area's unique location or singular characteristics represent an established and familiar visual feature of a neighborhood.

I. The area has potential for yielding information of archaeological interest.

J. The area's integrity as a natural environment strongly contributes to the well-being of the people of the city, region, state or nation.

K. The resource is one of the few remaining examples in the city, region, state or nation possessing distinguishing characteristics of an architectural or historical type or specimen. (Ord. 495 § 1, 2005)

Individual buildings may be designated as historically significant landmarks if one or more of the criteria set forth in this section are met. A landmark so designated shall be eligible for the same review procedures as buildings within an H district. (Ord. 495 § 1, 2005)

A. Reclassifications, use permits, variances, site plan reviews and tentative subdivision maps within the boundaries of the H district shall be reviewed by the historic preservation commission for comments and recommendations. Applications for building permits for alterations, relocations, demolition or new construction within the H district shall also be so reviewed.

B. Every application for approval in relation to property in the H district shall be accompanied by plans, photographs, specifications and a written statement fully describing the proposed work.

C. At its next regular meeting, following submittal, the commission shall consider the application to determine if the proposed action will adversely affect the preservation and architectural character of the area or site.

D. The commission shall forward its recommendations to the building official, planning commission or city council. (Ord. 495 § 1, 2005)

A. The building official shall not issue a permit for construction, alteration or demolition of a building or structure located in an H district or of a designated landmark without prior approval of the planning commission. Prior approval by the planning commission is not required for permit applications of an emergency nature or those necessary to repair an unsafe building or to demolish a structure for safety reasons.

B. Required Findings.

1. For Demolition.

a. If, after review of the request for a demolition permit, the historical preservation commission determines a structure to be of historical, cultural or architectural interest or value, the planning commission may withhold approval for demolition for 180 days from the date of the commission's action, or until environmental review is completed. During this time period, the historic preservation commission may direct the staff to consult with recognized historic preservation organizations and other 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 of the structures or other features, and take other reasonable measures.

At the end of the review period, the demolition permit shall be issued if environmental review determines that there will not be a significant impact on the environment and all regulations of this chapter are met or, if there may be substantial environmental impacts, that a finding is made that specific economic, social or other considerations make infeasible the measures or alternatives identified during the environmental review.

b. If, after review of the request for a demolition permit, the historic preservation commission determines that the building or structure has no substantial historical, cultural or architectural interest or value, a demolition permit may be issued.

2. For New Construction or Alteration. The historic preservation commission shall recommend against approval of new construction or alterations in H districts unless it finds that the proposed action will be compatible with and help achieve the purposes of the H district.

3. For Removal or Alteration of Landscape Materials. Review and comment by the historic preservation commission shall be required for removal or alteration of landscape materials identified as significant resources. Removal or alteration of such materials shall require a finding that the proposed action will not adversely affect the character of the H district, or that the safety of persons or property requires the removal or alteration. No provision of this subsection shall be construed as restricting routine maintenance of landscape materials. (Ord. 495 § 1, 2005)

All property owners in H districts and owners of designated landmarks shall have the obligation to maintain structures and premises in good repair. Good repair includes and is defined as the level of maintenance that ensures the continued availability of the structure and premises for a lawfully permitted use, and that prevents deterioration, dilapidation and decay of the exterior portions of the structure and premises. (Ord. 495 § 1, 2005)

It is the purpose of this title to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

A. Protect human life and health;

B. Minimize expenditure of public money for costly flood control projects;

C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

D. Minimize prolonged business interruptions;

E. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;

F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;

G. Ensure that potential buyers are notified that property is in an area of special flood hazard; and

H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. 495 § 1, 2005)

Unless specifically defined below, words or phrases used in this title shall be interpreted so as to give them the meaning they have in common usage and to give this title its most reasonable application.

“Adversely affect” means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point.

“Area of special flood hazard” means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.

“Base flood” means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the “100-year flood”). “Base flood” is the term used throughout this title.

“Building.” See “Structure.”

“Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

“Flood” or “flooding” means:

1. A general and temporary condition of partial or complete inundation of normally dry land areas from: the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; or mudslides (i.e., mudflows) which are proximately caused by flooding as defined herein and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

2. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusual and unforeseeable event which results in flooding as defined in this definition.

“Floodplain” or “flood-prone area” means any land area susceptible to being inundated by water from any source. See “Flooding.”

“Floodplain administrator” is the individual appointed to administer and enforce the floodplain management regulations.

“Floodplain management” means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

“Floodplain management regulations” means this title and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

“Governing body” is the local governing unit, i.e., county or municipality that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

“Historic structure” means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states with approved programs.

“Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle.”

“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

“New construction,” for floodplain management purposes, means structures for which the “start of construction” commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures.

“One-hundred-year flood” or “100-year flood.” See “Base flood.”

“Recreational vehicle” means a vehicle which is:

1. Built on a single chassis;

2. Four hundred square feet or less when measured at the largest horizontal projection;

3. Designed to be self-propelled or permanently towable by a light-duty truck; and

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

“Start of construction” includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

“Structure” means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

“Substantial improvement” means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2. Any alteration of a “historic structure”; provided, that the alteration will not preclude the structure’s continued designation as a “historic structure.” (Ord. 495 § 1, 2005)

This chapter shall apply to all areas identified as flood-prone within the jurisdiction of the City of Escalon. (Ord. 495 § 1, 2005)

The floodplain administrator shall obtain, review, and reasonably utilize any base flood data available from other federal or state agencies or other source to identify flood-prone areas within the jurisdiction of the City of Escalon. This data will be on file at 1854 Main Street, Escalon, CA 95320 within the office of the city planner. (Ord. 495 § 1, 2005)

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City of Escalon from taking such lawful action as is necessary to prevent or remedy any violation. (Ord. 495 § 1, 2005)

This title is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this title and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 495 § 1, 2005)

In the interpretation and application of this title, all provisions shall be:

A. Considered as minimum requirements;

B. Liberally construed in favor of the governing body; and

C. Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 495 § 1, 2005)

The degree of flood protection required by this title is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This title does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This title shall not create liability on the part of the City of Escalon, any officer or employee thereof, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this title or any administrative decision lawfully made hereunder. (Ord. 495 § 1, 2005)

This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole, or any portion thereof, other than the section declared to be unconstitutional or invalid. (Ord. 495 § 1, 2005)

A development permit shall be obtained for all proposed construction or other development in the community, including the placement of manufactured homes, so that it may be determined whether such construction or other development is within flood-prone areas. (Ord. 495 § 1, 2005)

The city planner is hereby appointed to administer, implement, and enforce this title by granting or denying development permits in accord with its provisions. (Ord. 495 § 1, 2005)

The duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following:

A. Permit Review. Review all development permit applications to determine that:

1. Permit requirements of this title have been satisfied.

2. All other required state and federal permits have been obtained.

3. The site is reasonably safe from flooding.

4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated.

5. Sites identified in floodplain maps that are subject to erosion and/or sedimentation during major floods are provided with necessary protective measures.

B. Review and Use of Any Other Base Flood Data. The floodplain administrator shall obtain, review, and reasonably utilize any base flood data available from other federal or state agency or other source. (Ord. 495 § 1, 2005)

If a proposed building site is in a flood-prone area, all new construction and substantial improvements, including manufactured homes, shall:

A. Be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

B. Be constructed:

1. With materials and utility equipment resistant to flood damage;

2. Using methods and practices that minimize flood damage;

3. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (Ord. 495 § 1, 2005)

If a subdivision proposal or other proposed new development, including manufactured home parks or subdivisions, is in a flood-prone area, any such proposals shall be reviewed to assure that:

A. All such proposals are consistent with the need to minimize flood damage within the flood-prone area.

B. All public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage.

C. Adequate drainage is provided to reduce exposure to flood hazards.

D. All preliminary subdivision proposals shall identify the flood hazard area and elevation of the floodplain.

E. All final subdivision plans will provide the elevations of proposed structure(s) and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator.

F. Vehicular access to the buildable area of newly created parcels must be at or above the 10-year flood elevation. Exceptions may be made when the existing public street from which access is obtained is below the 10-year flood elevation. (Ord. 495 § 1, 2005)

A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

1. Infiltration of flood waters into the systems; and

2. Discharge from the systems into flood waters.

B. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding. (Ord. 495 § 1, 2005)