This chapter shall be known as the "Historic Resources Provisions."

(Ord. 990 C.S. § 1 (part), 1983.)

The intended purpose of this Chapter is to establish a framework for the preservation of structures and districts which significantly contribute to the cultural and architectural heritage of the City. Historic preservation will safeguard the heritage of the City by providing for the protection of significant landmarks and areas, enhance the visual character of the City by encouraging compatible architectural styles which reflect unique and established architectural traditions, foster public appreciation of the historic character of the City, and strengthen the local economy by preserving, enhancing and unifying the City's historic attractions to residents, tourists and visitors.

This Chapter is not intended to be an impediment to healthy economic growth, but rather a part of an overall economic development program which encourages the orderly expansion of commerce and respects the historical integrity of the City of Martinez.

This Chapter shall apply to any area within the City of Martinez.

(Ord 990 C.S. § 1 (part), 1983

A.

"Alterations" shall mean any exterior change or modification, through public or private action, of any cultural resource or of any property located within an historic district.

B.

"Contributing Structure" shall mean an edifice within an historic district which retains the scale, mass and other architectural characteristics, or imparts a strong historical tie to the development of the City, to the degree that it contributes to the sense of time and place of the immediate area and the district. Contributing structures may reflect interior modifications if the modifications do not irreparably detract from the character of the building.

C.

"Cultural or Historic Resources" shall mean improvements, buildings, structures, signs, features, sites, places, areas or other objects of scientific, aesthetic, educational, cultural, architectural, or historic significance to the citizens of the City.

D.

"Historic District" shall mean any area containing improvements which have a special character, historic interest or aesthetic value, or which represent one or more architectural periods or styles typical to the history of the City, and which improvements constitute a distinct section of the City that has been designated an historic district pursuant to this ordinance.

E.

"Improvements" shall mean any building, structure, place, parking facility, fence, gate, wall, work of art, or other object constituting a physical betterment of real property, or any part of such betterment.

F.

"Maintenance" shall mean any construction effort given to a structure to provide for its general upkeep and which does not affect the historic character of the improvement.

G.

"Preservation" shall mean the identification, study, protection, restoration, rehabilitation or enhancement of cultural resources.

H.

"Restoration" shall mean any construction effort given to an improvement to effect its retention of historic or architectural characteristics.

(Ord. 990 C.S. § 1 (part), 1983.)

The City of Martinez Planning Commission (hereinafter referred to as the "Commission") shall have particular historic preservation duties in addition to its current responsibilities.

A.

Staff Composition. In its deliberations, the Commission shall obtain the assistance and advice of qualified City personnel and/or outside support staff. Qualified City staff shall have demonstrated interest and expertise in architecture, architectural history or historic preservation. Should City staff possess insufficient qualifications to assist the Commission in its preservation duties, local outside assistance may be requested from qualified historians and/or architectural historians. Recommendations regarding Commission actions on historic preservation shall be solicited from the Martinez Historical Society.

B.

Responsibilities. The Commission shall have the responsibility of preserving the architectural heritage of the City of Martinez. It may conduct surveys of structures of historic or architectural significance, maintain a register of cultural or historic resources, and adopt guidelines for the designation of these resources. It may render advice, upon the request of the property owner or occupant on the restoration, alteration, or maintenance of any designated historic structure or any contributing structure to a designated historic district within the City, or regarding the design compatibility of any new construction within historic districts. Finally, the Commission shall adopt prescriptive standards to be used in reviewing applications for permits to alter, remove, or destroy an historic or cultural resource, or contributing structure to an historic district. The Commission shall use current Design Review and urban design standards in approving and disapproving applications for permits issued pursuant to Sections 22.47.050 and 22.47.060 of this Chapter.

(Ord. 990 C.S. § 1 (part), 1983.)

A.

Individual Structures. Individual structures possessing significant architectural or historical importance to the City may be designated as cultural resources. Any resident of Martinez may request such designation by contacting and applying to the Martinez Historical Society. Based on its findings, the Historical Society shall recommend, for City Council approval, those structures worthy of recognition and preservation.

B.

Historic Districts. Application for the designation of an historic district may be made by the City, or an occupant or owner of property within the proposed district. If, after a preliminary determination based on staff evaluation with the assistance of the Historical Society, the Planning Commission considers the request appropriate, a public hearing will be held. The Commission will then recommend approval, in whole or in part, or disapproval of the application. Final approval and subsequent designation of the area as an historic district shall be contingent on action by the City Council and confirmation by two-thirds of the property owners within the proposed district.

(Ord. 990 C.S. § 1 (part), 1983.)

It shall be unlawful for any person to tear down, demolish, construct, alter, or remove any improvement or portion thereof which has been designated a cultural resource or which lies within an historic district without obtaining a permit in the manner outlined in this section.

All work or alterations in improvements or buildings lying within designated historic districts must be approved by the Planning Commission. Decisions regarding permits shall be made pursuant to established Design Review procedures described in Sections 22.34.010 through 22.34.040 of the Municipal Code. Standard Design Review process will be undertaken by the Commission with the Urban Design Manual providing the basic guidelines for the Commission action.

In the event of an application for a permit allowing demolition of a designated historic structure or a contributing structure to an historic district, the Commission may require a 120-day waiting period, during which time the owner may be encouraged to take such actions, including the sale of the property or negotiation with the Commission, as may save structure from demolition. The 120-day waiting period may be extended an additional 120 days by the City Council.

(Ord. 990 C.S. § 1 (part), 1983.)

Appeals may be filed after any decision of the Commission regarding designation of historic structures or districts and permit issuance. Appeals shall follow established procedure set forth in Sections 22.34.060 and 22.34.070 of the Municipal Code.

(Ord. 990 C.S. § 1 (part), 1983.)

If any section, sentence, clause, or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have passed this ordinance and adopted this Chapter and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Ord. 990 C.S. § 1 (part), 1983.)