Loma Linda, CA Zoning Ordinance

§ 17.82.010 Background.

The historical commission, area residents, and other stakeholders have long been concerned about the historic preservation of the Mission Road area and the potential effects of future development in the area. There were also concerns about the impacts of a historic preservation ordinance on existing uses and properties. The Mission Road Historic District, Final Report (Report), (The Dangermond Group, May 22, 2002) is a synthesis of several studies historical and archaeological studies of the area and the efforts of the city's elected officials, historical and planning commissions, area residents and stakeholders to balance the competing interests for historic preservation, continued use of existing properties, and development of vacant properties in the mission road area. The report shall be used as the primary reference document for the implementation of the ordinance codified in this chapter and projects subject to this chapter shall be consistent with the recommendations of the report unless otherwise waived by the city council.

(Ord. 623 § 2, 2004)

§ 17.82.020 Intent.

Therefore, the intent of the historic mission overlay district ordinance is to provide a basic framework for future development that will:

Preserve and enhance the Mission Road area and associated historical and cultural resources;

Preserve and enhance the rural atmosphere of the area;

Allow for the continued use and enjoyment of existing properties by limiting the focus of the ordinance codified in this chapter to new development projects and/or rehabilitation, restoration, adaptive reuse, and demolition of historical and/or cultural resources;

Allow for consistent, compatible, and complementary development of the vacant properties (structures and lands) within the Mission Road area; and, encourage that all new development in the area is pedestrian friendly through the incorporation of livable/walkable community concepts.

It is also intended that this chapter be consistent with and a companion document to Chapter 17.80, Historic Preservation of the Loma Linda Municipal Code and other chapters of this code, as applicable.

(Ord. 623 § 3, 2004)

§ 17.82.030 Definitions.

"Flow of history"

means the primary theme of the historic mission overlay district that refers to the zanja, which had a major impact on irrigation and agriculture, and influenced the landscape and land use and development patterns in the area.

"Guachama (wah-cha-ma)"

means the Native American village that was once located in the vicinity of Mission Road and the Edison Easement.

"Guachama rancheria"

means an adobe mission storehouse/mayordomo residence that was built in 1819 as part of the establishment of the San Bernardino Rancho, an outpost of the Mission San Gabriel.

"Rural atmosphere"

means the pervading or surrounding influence, reminiscent of the farming and citrus period of history, that lends a feeling of openness and space.

"Zanja (zahn-hah)"

means a water ditch that was constructed by the Guachama Indians under the direction of Pedro Alvarez to bring water for irrigation from its intake on Mill Creek near what is now Mentone to the San Bernardino Rancho buildings at Guachama. The zanja serves as the most important unifying element of the historic mission overlay district.

The definitions of historic preservation terminologies that are contained in Section 17.80.040, Definitions shall also apply to this chapter.

(Ord. 623 § 4, 2004)

§ 17.82.040 Scope and district boundaries.

The requirements of this chapter shall apply to all cultural resources that are more than fifty years old, new development projects, and adaptive reuse, rehabilitation, restoration, and demolition of existing structures and landscape materials and features within the historic mission overlay district (as defined, below).

The district boundaries are Redlands Boulevard on the north, San Timoteo Creek on the south, California Street on the east, and Mountain View Avenue on the west. The western boundary extends further west to include the Van Leuven Mansion. The boundary is also extended east of California Street to include a future study area that is roughly bounded by Orange Avenue on the north, city limits on the south, New Jersey Street on the east (and a small extension east of New Jersey Street fronting on Barton Road), and California Street on the west.

The San Bernardino County unincorporated area, which is located approximately five hundred feet south of Redlands Boulevard, east and adjacent to Mountain View Avenue, west and adjacent to the Edison Easement, and north and adjacent to Mission Road, and commonly known as the Petersen Tract, is excluded from the district boundaries, but included as a future study area.

(Ord. 623 § 5, 2004)

§ 17.82.050 Primary historical themes.

Flow of History. Previous studies, including the report, have identified the most important unifying element in the historic mission overlay district area as the zanja. The zanja was built by Native Americans under the direction of the Spanish mission authorities and had a major impact on irrigation and agriculture. It influenced the landscape and land use development patterns in the area and represents the "Flow of History" over time and claims title to the significance of the historic overlay district. The primary historical theme for the historic mission overlay district shall be the "Flow of History." Future development projects shall be required to submit cultural resource studies for use in the California Environmental Quality Act (CEQA) review of each project, and to further the public knowledge of local history.

Other Historical Themes. The existence of the zanja is responsible for the underlying themes of mission influence, education, settlements, citrus heritage, and economic and industrial enterprises. The underlying themes shall also be considered in any required cultural resource study and evaluated as part of the project and environmental review processes for future development projects.

(Ord. 623 § 6, 2004)

§ 17.82.060 Inventory and the need for further study.

An inventory of known cultural resources that includes historic sites, buildings, structures, landscape features, rural agricultural landscape features, and linear features such as transportation routes, and the irrigation canal (zanja) is contained in the report as Table 1, "Known Historical Resources in the Historic Mission Overlay District." The inventory shall be updated based on information provided by cultural resource studies required for development projects located within the overlay district boundaries, as needed. The respective project applicant and/or developer shall be responsible for the preparation of any required cultural resource study.

Due to the many questions that remain about the history of the Mission Road area, further study is needed to determine the boundaries of the Guachama Rancheria; precise alignment of the zanja; the locations of possible archaeological sites of former buildings, settlements, and other cultural features and artifacts; the ages, origins, and ownership histories of specific resources; architectural styles (with evaluations) of individual buildings; and, the documentation of oral history. These topics shall be addressed as part of the cultural resource study(s) required for each future development project located within the overlay district boundaries. The respective project applicant and/or developer shall be responsible for the preparation of any required cultural resource study.

(Ord. 623 § 7, 2004)

§ 17.82.070 Project and environmental review.

Development projects, including general plan amendments, zone changes, specific plans, development code amendments, tentative tract and parcel maps, conditional use permits, precise plan of design applications, small project applications, and modifications, revisions, and/or amendments to approved projects and plans for projects and properties within the overlay district boundaries shall be reviewed by the historical commission and other review authorities, as applicable. All projects shall meet the requirements of the Loma Linda Municipal Code and zoning ordinance, CEQA, and other state and federal laws.

(Ord. 623 § 8, 2004)

§ 17.82.080 Historic resource evaluation report and cultural resources study.

Historic Resource Evaluation Report (Report). A report shall be required as a submittal for new development, rehabilitation, restoration, adaptive reuse, and demolition projects when buildings and structures that are more than fifty years old may be affected, if found to be significant. As a general guideline, a report shall contain the following elements:

Purpose and scope;

Methods of evaluation: field and archival;

Location and setting;

Architectural description of the resource;

Historical background;

Discussion of eligibility for listing on the National Register of Historic Resources, California Register of Historic Resources, or Local Cultural Resource Designation;

Statement of significance;

Conclusions;

Recommendations (at a minimum this element shall include recommendations for eligibility; rehabilitation, restoration, adaptive reuse, demolition; proposed mitigation measures; and, if demolition is proposed, recommendations for salvage of historical and/or architectural features and artifacts shall be included);

10.

Archival documentation;

11.

Appendices.

The statement of significance element (subsection 7 of this section) shall be made using the criteria listed in Section 17.80.070, Cultural resource designation criteria and shall include a discussion of relative contextual themes.

The archival documentation of a resource (subsection 10) shall include a completed Department of Parks and Recreation (DPR) 523 Form and archival quality photo documentation. This information shall be included as an appendix to the report.

Preparation and submittal of the report shall be the responsibility of the applicant. All reports shall be prepared by consultants who meet the professional qualification standards for the field of historic preservation as described in the Federal Register.

Cultural Resources Study (Study). Studies prepared to evaluate archaeological and paleontological resources shall follow the format outlined for historical resources evaluation reports, and other criteria as required by the Society of Professional Archaeologists (SOPA).

(Ord. 623 § 9, 2004)

§ 17.82.090 Design criteria and development standards for new development.

General Plan Land Use Designation and Zoning. The general plan land use designation for the historic mission overlay district shall be mixed use and the zoning shall be Planned Community (PC). Prior to adoption of the new general plan in 2004, proposed development projects shall be required to amend the general plan and zoning maps to the mixed use designation and PC zoning, respectively. A specific plan or master development plan shall be required for development proposals within the overlay district.

Permitted Uses. Uses permitted in the overlay district shall be consistent with the mixed use general plan land use designation and planned community (PC) zoning. The planning commission may also permit other nonlisted uses, which support the purposes of the district as conditional uses through a public hearing process. In general, the mixed use designation and PC zoning permit a mix of residential uses (of varying density), community facilities, commercial retail, office, and service uses, business park, and open space and recreational uses. With the exception of land uses and properties that legally existed prior to the effective date of the ordinance codified in this chapter, all new development projects and/or new uses of existing properties shall be subject to the PC zoning as part of a specific plan or master development plan.

Standards for New Development. New development, adaptive reuse, rehabilitation, and restoration projects shall conform to the following standards:

Architectural and Site Design. The density/intensity, lot size, lot width, lot coverage, setbacks, building separations, building height, and uniform sign programs for new developments in the overlay district shall be established through the specific plan or master development plan processes. Development standards shall vary based on the proximity of a proposed development project to a historical and/or cultural resource(s) or the presence of a historical and/or cultural resource(s) within a project site.

Mission Road, Redlands Boulevard, and California Street are important corridors to the overlay district and the city in terms of preservation and economic viability. Of the three corridors, Mission Road is the most important in terms of historic preservation due to the high concentration of historic and cultural resources, particularly on the north side of the road. Mission Road is the focal point and heart of the overlay district. New development along the Mission Road frontage shall conform to the historic architectural styles and site design parameters listed below. New development along the California Street and Redlands Boulevard frontages shall be sensitive to the historic nature of the area while encouraging the use of interpretive historic architectural styles and site designs.

The planning commission shall consider the design characteristics of each development project through the context of a specific plan or master development plan. The historical commission shall provide recommendations regarding the appropriateness of proposed deviations based on the potential impacts to historic resources located in or adjacent to the project site.

Architectural Styles. All new development shall be designed using historical architectural styles from the following list:

Residential development:

Bungalow

Colonial Revival

Craftsman

Italianate

Mediterranean Revival

Mission

Monterey

Prairie

Queen Anne

Stick

Tudor Revival

Victorian

Commercial development—Adaptations of the architectural styles in subsection (C)(2)(a):

Art Deco

Art/Streamline Moderne

Commercial

Googie/50s

Business and technology park development - may design using adaptations of the architectural styles outlined in subsection (C)(2)(a) and (C)(2)(b) of this section, or the Usonian architectural style.

Landscape Design. Landscaping shall be approved conceptually through the entitlement process and a state licensed landscape architect shall prepare landscape/irrigation plans. The landscape plan, in terms of layout, plant materials and color pallet, shall be consistent with and reflective of appropriate historical architectural styles and preservation practices and techniques (i.e., establishment of protective dry zones adjacent to adobe buildings and structures), and shall enhance the adjacent and surrounding properties.

Buffer Zones. Historical resources shall be protected from adjacent uses and enhanced by a minimum of fiftyfoot-buffer zones. The planning commission may require a larger or smaller buffer zone based on the nature of the affected resource(s) and how well the resource(s) has been integrated into the proposed development project. The historical commission may provide recommendations to the planning commission as appropriate.

Trails and Pedestrian Paths. All new development in the overlay district shall provide trails and pedestrian paths, and linkages to local and regional trails. Whenever possible, feasible, and appropriate, trails shall provide interpretive signage relating to adjacent historic resources, local history, and other pertinent historical facts and information about the area to educate the community and visitors to the area. A district emphasis shall be the preservation of the zanja and the creation of a continuous trail along its path that shall include interpretive signage of historical events, locations, and resources.

Parking. Parking shall be provided as required by Chapter 17.24 for residential development.

Lighting and Street Furniture. Light standards, street furniture, and other permanent fixtures (i.e., drinking fountains, bus stops and shelters) shall be compatible with the historical architectural styles on the development site and in the surrounding area.

Sign Programs. Each development within the district shall have a uniform sign program that characterizes the historical significance of the area. Sign programs may be customized per development but shall include an element or component (such as a district logo, sign shape, materials, or colors) that unifies all of the sign programs within the district. Neither billboards nor advertising signs shall be permitted along the Mission Road frontage.

Mission Historical Overlay District Identification Monument Signs. Two identical monument signs identifying the overlay district shall be placed in the Mission Road median, as follows:

At the east end near the intersection with California Street; and

At the west end, just west of the Edison Easement.

The historical commission, planning commission, and city council shall approve the design of the signs.

10.

Mission Road Street Standards. All new development and adaptive reuse projects along Mission Road shall construct the right-of-way in accordance with the approved street design standards prepared by the city's public works department. The street design shall include a landscape median in the road, and landscape easement behind the sidewalk on both sides of the street. No median shall be installed in front of an existing residential use. This requirement may be waived if written authorization from the owner of an affected, existing property is obtained and submitted to the community development and public works departments during the entitlement process.

(Ord. 623 § 10, 2004)

§ 17.82.100 Standards for rehabilitation and guidelines for rehabilitating historic buildings.

All rehabilitation projects shall follow The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (1990). Rehabilitation, restoration, and adaptive reuse, in the order listed, shall be the preferred methods of treatment for historic buildings and structures. Demolition shall be considered only as a last resort.

Standards for Rehabilitation. The following standards are applied to specific rehabilitation projects in a reasonable manner, taking into consideration economic and technical feasibility.

A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.

Deteriorated historic features shall be repaired rather than replaced. Where severity of deterioration requires replacement of distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.

Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.

10.

New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

As stated in the definition, the treatment "rehabilitation" assumes that at least some repair or alteration of the historic building will be needed in order to provide for an efficient contemporary use; however, these repairs and alteration must not damage or destroy materials, features or finishes that are important in defining the building's historic character. For example, certain treatments—if improperly applied—may cause or accelerate physical deterioration of historic building. This can include using improper reappointing or exterior masonry cleaning techniques, or introducing insulation that damages historic fabric. In almost all of these situations, use of these materials and treatments will result in a project that does not meet the standards. Similarly, exterior additions that duplicate the form, material, and detailing of the structure to the extent that they compromise the historic character of the structure will fail to meet the standards.

Guidelines for Rehabilitating Historic Buildings. All rehabilitation projects shall also follow the guidelines contained in the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (1990). Copies of this document shall be available from the community development department.

(Ord. 623 § 11, 2004)

§ 17.82.110 Demolition of historical buildings and structures.

Rehabilitation, restoration, and adaptive reuse, in the order listed, shall be the preferred methods of treatment for historic buildings and structures. Demolition shall be considered only as a last resort:

Demolition Prohibited. No building or structure more than fifty years old shall be demolished unless the building division pursuant to this chapter has issued a valid demolition permit.

Dangerous Buildings and Structures. Buildings or structures that are more than fifty years old may be demolished if findings have been made by the building official pursuant to other provisions of the Municipal Code declaring that the building or structure is either a public nuisance or a dangerous building. Prior to issuance of a demolition permit, the community development department director (or designee) shall confer with the historical commission chair and building official to determine the potential for alternative, nondemolition remedies and/or the salvage and reuse of historical architectural features and artifacts. In addition, photo documentation and recordation may be required if the resource is historically significant to the city. Photo documentation and recordation would be conducted in accordance with the standards and guidelines of the Historic American Building Survey and Historic American Engineering Record (HABS/HAER). If no alternative, nondemolition remedies are available; the demolition permit may be issued in accordance with all other city ordinances and requirements.

Evaluation Thresholds and Review Requirements. Buildings and structures more than fifty years old that are proposed for demolition shall be evaluated to determine historical significance. A historic resource evaluation report shall be required, as follows:

A report shall be required for any resource listed in Table 1, Known Historical Resources (Mission Road Historic District, Final Report, The Dangermond Group and Statistical Research, Inc., May 22, 2002);

A report shall be required for any age qualified resource that is not listed in Table 1 (referenced) and not exempt from these requirements as a dangerous building or structure.

All historic resource evaluation reports shall be prepared as outlined in this chapter.

Salvage and Reuse of Historical and Architectural Features and Artifacts. When feasible, historic and/or architectural features and artifacts shall be salvaged or recycled for reuse onsite or within the mission historic overlay district.

(Ord. 623 § 12, 2004)

§ 17.82.120 Certificates of appropriateness and economic hardship.

All rehabilitation, restoration, adaptive reuse, and demolition projects shall comply with Chapter 17.80, Historic Preservation, as applicable.

Certificate of Appropriateness. A certificate shall be required pursuant to Section 17.80.090.

Certificate of Economic Hardship. A certificate shall be granted pursuant to Section 17.80.120.

(Ord. 623 § 13, 2004)

§ 17.82.130 Sample tools and treatments.

The report states that the significant historic features (uses, buildings, street, agriculture, industry, and land use patterns) define the historic character of the area. The sample tools and treatments outlined below are intended to preserve the historic character and architectural integrity of the area by strengthening such patterns and setting development standards and guidelines for rehabilitation, preservation, and new construction.

Sample Tools. The following list of approaches to preservation shall be considered to strengthen and preserve the historic feeling of the Mission Road overlay district. Selection of the appropriate preservation tool(s) shall be determined through cultural resources studies on a project-by-project basis:

Preserve and Protect. Identify historically significant sites and features for purposes of preservation, restoration, rehabilitation, and protection.

Preserve and Do Nothing. Identify historically significant sites and features for purposes of preservation, but do not restore, rehabilitate or protect.

Preserve and Restore with Parks and Groves. Identify historically significant sites and features for purposes of preservation, and protect and restore/rehabilitate in nodes. Develop parks and groves that enhance the sites that can be open to the public.

Adaptive Uses. Preserve, restore, rehabilitate, and protect historically significant sites and buildings. Develop adaptive uses such as gardens, food service, specialty shops, indoor and outdoor public spaces, and private uses and buildings that are thematically related to the Mission Road historic overlay district.

Sample Treatments. The purpose of various possible treatments is to preserve the historic character and architectural integrity of the overlay district, and to promote and encourage the use of architectural styles that are consistent with the period of historic significance of the district. Treatments should define neighborhood character and strengthen the edges of the district through the use of signed entry points, integration of historic properties as "anchors" for the surrounding properties and "linkages" between historic resources to provide a sense of continuity throughout the overlay district.

Incentives and Restrictions. The following incentives and restrictions shall be used, if possible and as appropriate, to gain the cooperation of major developers, property owners with the city and public interest to achieve the goals of the overlay district:

Promote land exchanges used for historic preservation goals;

Allow parks containing historical resources to count toward park and open space requirements;

Cooperative planning of park edges to maximize added value to developments;

City to seek state and federal funds to assist in historic preservation projects such as restoration, pathways, parks, etc.;

Allow density transfers and clustering to provide buffers around historic resources;

Use parks fees for development of historic parks and zanja trail;

Explore use of redevelopment funds for historic preservation;

Employ a tiered approach to restrictions, with strict requirements in the immediate vicinity of historic resources and more flexible requirements that evoke the feeling of the historic themes in other areas more distant to historic resources.

Development Standards. See above.

Design Guidelines. See above.

(Ord. 623 § 14, 2004)

§ 17.82.140 Penalties.

If any person shall violate any of the provisions of this chapter, or fail to comply with any of the mandatory requirements of this chapter, he or she shall be guilty of an infraction. Any person convicted of an infraction under the provisions of a city ordinance shall be punishable by (1) a fine of not more than one hundred dollars for a first violation; (2) a fine not exceeding two hundred dollars for a second violation of the same ordinance within one year and (3) a fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year. Each such person shall be deemed guilty of a separate offense for every day during such portion of which any violation of this chapter is committed, continued or permitted by such person, and shall be punishable therefore as provided by this chapter.

(Ord. 623 § 15, 2004)

Loma Linda City Zoning Code

CHAPTER 17