This section is created for the purpose of recognizing the desirability of establishing guidelines for the preservation, restoration, and protection of historic and cultural resources in several categories within the city. Said categories and guidelines are considered necessary in order for the public and the City to work together in preserving those elements of Fullerton's heritage which may now or in the future be endangered as to their very existence or in maintaining their historic or cultural integrity.

(Ord. 2982, 2001)

   A.   There shall be established a Landmarks Commission consisting of five to seven members appointed by the City Council. The Planning Commission shall be considered as the Landmarks Commission if so directed by Council. The Commission shall establish meeting times and other organizational matters.

   B.   The Landmarks Commission shall be responsible for reviewing and making determinations and/or recommendations on various matters relating to a designated "Historical Landmark," "Landmark District," or "Significant Property."

(Ord. 2982, 2001).

   A.   There shall be created a Fullerton Register of Landmarks and Landmark Districts that shall contain the name, location, pertinent historic data, and date of entry on the register of all buildings, structures, or natural or manmade features receiving a "Historical Landmark" designation or within a designated "Landmark District."

   B.    The Fullerton Register of Landmarks and Landmark Districts shall be maintained in the City Clerk's office.

(Ord. 2982, 2001).

   A.    The Landmarks Commission, upon its own initiative or upon request of any person or government agency, may approve a “Historical Landmark” designation for any historic or cultural resource in the city. The foregoing notwithstanding, if the subject property is privately owned, the prior written consent of the property owner or owners shall be obtained before any such action may be taken.

   B.   In the case of a request for "Landmark District" designation, a petition with at least 51 percent of the property owners within the defined district shall be required in order to initiate a public hearing by the Landmarks Commission.

   C.   The Landmarks Commission shall hold public hearings on all requests, with notification of the hearing appearing in a newspaper of local circulation and by mailing notices to property owners pursuant to Chapter 15.76 of this title.

   D.   The Landmarks Commission, after due consideration and public hearing, shall by resolution approve or deny the request, stating the reasons for said action.

   E.   The decision of the Landmarks Commission shall be final unless appealed to the City Council within ten days of said decision. If appealed, the recommendation of the Landmarks Commission shall be reviewed by the City Council at a public hearing and a resolution shall reflect the decision of the City Council.

(Ord. 3243 § 1, 2016; Ord. 2982, 2001)

     A.   The following steps shall be taken to consider a request to apply a residential preservation zone to a defined residential neighborhood in the city:

      1.   Upon receiving a letter from one or more property owners in a neighborhood requesting an interest in having the neighborhood reclassified to a residential preservation zone, the Director of Development Services shall organize one or more informational meetings.

      2.   The informational meetings shall be structured to explain the preservation zone rules and the public hearing process for its implementation. The Community Development Department may jointly sponsor these meetings with a local preservation group, which may assist in explaining the intent of the residential preservation zone to the neighborhood.

      3.   After one or more informational meetings are held, a formal petition may be circulated by interested property owners of that neighborhood to solicit support for a particular residential preservation zone.

      4.   If at least 51 percent of the property owners of the defined neighborhood sign the petition, the Development Services Department shall initiate a zone amendment to consider the request to reclassify the defined neighborhood to the particular residential preservation zone.

   B.   The consideration of the zone amendment to apply a residential preservation zone to a defined neighborhood shall be subject to Chapter 15.72 of this title.

(Ord. 3267 §12, 2018; Ord. 2982, 2001)

   A.   In considering a request for a "Historical Landmark" designation, the following criteria shall be used in determining eligibility:

      1.   Character, interest or value as part of the heritage of the city.

      2.   Location as a site of a historic event.

      3.   Identification with a person or persons or groups who significantly contributed to the culture and development of the city.

      4.   Exemplification of a particular architectural style or way of life important to the city.

      5.   Exemplification of the best remaining architectural types in an area.

      6.   Identification as the work of a person or persons whose work has influenced the heritage of the city, the state of California or the United States.

      7.   Embodiment of elements of outstanding attention to architectural design, detail, materials, or craftsmanship.

      8.   Relationship to other landmarks, where the preservation of one has a bearing on the preservation of another.

      9.   A unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood.

      10.   Integrity as a natural environment that strongly contributes to the well being of the people of the city.

   B.   In considering a request for a "Landmark District" designation, support of the designation should be demonstrated by a substantial majority of the property owners within the boundary of the proposed district.

(Ord. 2982, 2001).

   A.   All proposed development, including the rehabilitation of existing structures, will be reviewed for compliance with established design criteria and standards which shall serve to conserve, maintain, and protect the special characteristics of the particular "Historical Landmark" or "Landmark District," and therefore prevent those alterations that would detrimentally compromise the historic or aesthetic integrity of said property or its relationship to its natural setting. The primary concern is with the exterior of the building or structure unless there are interior features that greatly contribute to the significance of the property. As a general guide, the Secretary of the Interior's "Standards for Rehabilitation of Historic Properties" and the State Historic Building Code shall be used as the design criteria for reviewing proposed development.

   B.   Every attempt shall be made to achieve restoration or modification in keeping with the historic nature of theproperty, but not so as to burden said property with requirements that are not practically or economically available in current markets. Except in the case of an identified "Significant Property", alterations or changes to buildings or structures within a designated "Landmark District" shall be reviewed as to consistency and compatibility rather than total restoration.

   C.   All proposed development for a designated “Historical Landmark” or a property within a designated “Landmark District” will be subject to the following types of review and approval. Routine maintenance of existing improvements (e.g., repainting of a structure, duplicating damaged or deteriorated exterior architectural features) is exempt from these review procedures as long as the original design is retained.

      1.   Those projects listed below which the Community Development Director determines are consistent with the design criteria of the Secretary of the Interior’s “Standards for Rehabilitation of Historic Properties” and the State Historic Building Code are subject to administrative review and approval by the Community Development Department:

         a.   Minor alterations, including the addition, change, or removal of exterior architectural features and existing hardscape.

         b.   Minor improvements such as air conditioning units, skylights, solar panels, greenhouse windows, roof mounted equipment, arbors and fences.

         c.   All development wherein a landmark building or structure is being enlarged by less than 10 percent of the existing floor area and such addition is not readily visible from the public street.

         d.   The construction or demolition of accessory structures which have a floor area less than 500 square feet and are not readily visible from the public street.

      2.   Those projects listed below are subject to review and approval by the Community Development Director as a Site Plan in accordance with Sections 15.47.025 and 15.47.040 of this title:

         a.   Any proposed development that involves the construction of a new, detached building or structure on the lot which has a floor area of 500 square feet or more and that is not readily visible from the public street.

         b.   Any combination of alterations and additions which result in a landmark building being enlarged by more than 10 percent but less than 50 percent of the existing floor area and does not exceed 500 square feet, when the alterations and additions are not readily visible from the public street.

      3.   Those projects listed below are subject to review and approval by the Landmarks Commission as a Site Plan in accordance with Sections 15.47.025 and 15.47.040 of this title.

         a.   The construction or demolition of accessory structures which are readily visible from the public street.

         b.   Any proposed development that involves the construction of a new, detached building or structure on the lot where it is readily visible from the public street.

         c.   Any alterations or additions to a Landmark building or structure wherein such modifications are readily visible from the public street.

         d.   The demolition of a Landmark building or structure wherein all or part of it will be removed from a site either by relocation or destruction.

      4.   When the Community Development Director determines that a project is inconsistent with the design criteria of the Secretary of Interior’s “Standards for Rehabilitation of Historic Properties” and/or the State Historic Building Code, the Director’s determination may be appealed to the Landmarks Commission.

(Ord. 3267 §13, 2018; Ord. 3232 (part), 2016; Ord. 2982, 2001).

   A.   A proposal to demolish or relocate a designated “Significant Property” shall be subject to the approval of the Landmarks Commission.

   B.   A proposal to alter, add, reconstruct, rehabilitate or restore a designated “Significant Property” shall be subject to a review by the Landmarks Commission.

   C.   Routine maintenance of existing improvements and minor alterations or additions that are out of public view (e.g., the re-roofing of a structure, the replacement of damaged or deteriorated exterior architectural features; the construction of an accessory structure at the rear of the property) may be administratively approved by the Community Development Director.

   D.   A determination of the Community Development Director that a proposal would substantially change the architectural style of the building or would create a condition or design feature that subsequently could not easily be removed or altered may be appealed to the Landmarks Commission.

(Ord. 3267 §14, 2018; Ord. 3232 (part), 2016; Ord. 2982, 2001).

   A.   At the request of the property owner, the city may accept in dedication an easement for public protection of the facade of an identified "Significant Property" or designated "Historical Landmark" in order to assure its continued preservation and maintenance. Said easement shall be granted in the form of a deed and shall in effect make the city the owner of the facade.

   B.   Unless otherwise agreed by both parties, maintenance of said facade shall be the responsibility of the property owner, but no alterations or changes of any kind to the facade shall be permitted without city approval.

(Ord. 2982, 2001).