A.

General Purpose. 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 historical resources, including buildings, structures, signs, objects, features, sites, areas, record, manuscript, historic and prehistoric archaeological sites, places, districts, designed landscapes, cultural landscapes and areas within the city that reflect special elements of the city's architectural, artistic, cultural, engineering, aesthetic, historical, political, social and other heritage.

B.

Specific Intent. This chapter is specifically intended to:

1.

Safeguard the heritage of the city as embodied and reflected in such resources;

2.

Encourage public knowledge, understanding and appreciation of the city's past;

3.

Foster civic and neighborhood pride and a sense of identity based on the recognition and use of historical resources;

4.

Promote the enjoyment and use of historical resources appropriate for the education and recreation of the people of the city;

5.

Preserve historic architectural styles and design preferences reflecting phases of the city's history and to encourage complementary contemporary design and construction;

6.

Enhance property values and to increase economic and financial benefits to the city and its inhabitants;

7.

Protect and enhance the city's attraction to tourists and visitors (thereby stimulating business and industry);

8.

Identify as early as possible and resolve conflicts between the preservation of the historical resources and alternative land uses;

9.

Integrate the preservation of historical resources and the extraction of relevant data from such resources into public and private land management and development processes; and

10.

Conserve and recycle valuable community resources by continuing use and maintenance of the historic built environment.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

This chapter applies to potentially significant, significant, and designated historical resources within the city of Morgan Hill.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Terms Defined. Terms used in this chapter are defined as follows:

1.

"Adopted survey list" is a list of resources (e.g., object, building, structure, site, area, place, record, or manuscript) which the city of Morgan Hill determines to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of Morgan Hill but have not been officially designated or listed on the local register. Resources listed on the adopted survey list shall be considered significant historical resources for the purposes of this chapter.

2.

"Age" means the characteristic of being at least forty-five years old.

3.

"Alteration" is exterior change or modification of character-defining features, through public or private action, of any significant or potentially significant historical resource, or of any contributing resource located within an historic district, which may include but not be limited to, exterior changes to or modification of structure, architectural details or visual characteristics such as surface texture, grading, surface paving, new structures, cutting or removal of trees and other natural features, disturbance of archeological sites or areas and the placement or removal of any exterior objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, significant plantings and landscape accessories, to the extent that such would affect the exterior character-defining features of the property containing the resource.

4.

"Association" is the direct link between an important historic event or persons and a historic property for design, engineering or construction value and the ability to yield important information about prehistory or history.

5.

"Buildings" are structures created to shelter human activity. Historic buildings are considered in their entirety. A building that has lost its basic structural elements is usually considered a "ruin" and is categorized as a site.

6.

"Character-defining features" are those physical characteristics of an historical resource that convey its historical significance and justify its inclusion in or eligibility for inclusion in the National, California or Local Register. Character-defining features of a resource are documented by a qualified professional on a primary record survey form and/or a full historic evaluation; and also may consist of features mutually agreed upon by a property owner and the community development director or designated city staff.

7.

"Design" is the combination of elements that create the form, plan, space, structure and style of a property.

8.

"Designated historical resource" is any historical resource that has been determined to be significant and that has been designated and placed on a local register of historical resources pursuant to this chapter.

9.

"Evaluation" is an intensive survey used to determine historical significance of a resource. An evaluation consists of completed Department of Parks and Recreation (DPR) 523 series survey forms, including: 1) Primary Record (523A); 2) Building, Structure, Object Record (523B); and 3) Any additional survey form appropriate for documentation of the subject resource.

10.

"Feeling" is a property's expression of the aesthetic or historic sense of a particular period of time and results from the presence of physical features that, taken together, convey the property's historic character.

11.

"Historical resources" include the following classifications: buildings, structures, sites, objects, historic district and archaeological resources that have determined to have a) Age, b) Integrity and c) Historical significance. For the purposes of this chapter and the California Environmental Quality Act (CEQA), the term "historical resources" shall include the following:

a.

A resource listed in, or determined to be eligible by the State Historical Resources Commission, for listing in the National Register or the California Register of Historical Resources.

b.

A resource included in a local register of historical resources or identified as significant in an historical resource survey meeting the requirements of section 5024.1(g) of the California Public Resources Code will be presumed to be historically or culturally significant, unless the preponderance of evidence demonstrates that it is not historically or culturally significant.

c.

Any object, building, structure, site, area, place, record, or manuscript which the city of Morgan Hill determines to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California or of Morgan Hill.

d.

The fact that a resource is not listed in or determined to be eligible for listing in the California Register, and is not listed in a local register, does not preclude the city from determining that the resource is a potentially significant historical resource, such that further evaluation can be required to evaluate the resource for historic significance.

12.

"Historic context statement" is a document adopted by the city council that describes historic periods and themes in Morgan Hill's history, which is used as a tool to assist with the assessment of a property's historic significance, by providing a framework against which to objectively qualify the property's relationship to larger themes and events.

13.

"Historic district" is a geographically-definable area—urban or rural, small or large—possessing a significant concentration, linkage, or continuity of sites, buildings, structures and/or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history. A contributing resource within the district is an historical resource which contributes to the character of a historic district as described in National Register Bulletin 15.

14.

"Historical significance" in national, state or local history, architecture, archaeology, engineering and culture is present in districts, sites, buildings, structures and objects that possess age, integrity and association with an important historical context:

a.

That are associated with events that have made a significant contribution to the broad patterns of our national, state and/or local history and cultural heritage; or

b.

That are associated with the lives of persons significant in our national, state and/or local past; or

c.

That embody the distinctive characteristics of a type, period, region, or method of construction, or that represent the work of a master or important creative individual, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or

d.

That have yielded, or may be likely to yield, information important in prehistory or history.

15.

"Historic preservation officer" is defined as the community development director when such a designation is relevant for consultation with federal agencies for the purpose of Section 106 procedures. This designation may be used for other consultations affecting community historical resources.

16.

"Integrity" is the ability of a property to convey its significance and evaluation of integrity is grounded in an understanding of a property's physical features and how they relate to its significance. There are seven aspects or qualities that, in various combinations, define integrity: location, design, setting, materials, workmanship, feeling and association. To retain historic integrity a property will always possess several, and usually most, of the aspects. Determining which of the seven aspects are most important to a property requires knowing why, where and when the property is significant.

17.

"Interior architectural feature" is any portion of the interior of a public space in a publicly owned building, or of a space in a privately-owned building designated or listed at the request of the owner, where the space is generally accessible for use and viewing by the general public. The feature must meet the criteria for historic significance in accordance with the criteria for designation as provided in this chapter. Proposed changes to designated historic interior spaces must follow the same procedures outlined in this chapter for alteration to exterior features.

18.

"Local register" is a list of properties officially designated or recognized as historically significant by the city of Morgan Hill pursuant to a local ordinance or resolution adopted by the city council.

19.

"Location" is the place where the historic property was constructed or the place where the historic event occurred.

20.

"Object" is a material thing of functional, aesthetic, cultural, historical or scientific value that may be, by design or nature, moveable yet related to a specific setting or environment.

21.

"Potentially significant historical resource" is a resource that is identified through a reconnaissance survey and/or by the city to have (a) age and (b) integrity but historical significance has not yet been evaluated or determined.

22.

"Preservation" is defined as the act or process of applying measures necessary to sustain the existing form, integrity and materials of an historical resource. Work including preliminary measures to protect and stabilize the resource generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction.

23.

"Reconnaissance survey" is a preliminary historic survey used of a defined geographic area, which identifies resources warranting further evaluation to determine historical significance, and which may also identify geographic areas and/or properties that do not have potential historical resources and will not be subject to historic review as long as the timeframe of the reconnaissance survey remains valid for such determination. A reconnaissance survey will generally include DPR 523 primary record survey forms (DPR 523A) or equivalent information for those resources determined to warrant future further evaluation.

24.

"Reconstruction" is defined as the act or process of depicting, by means of new construction, the form, features and detailing of a non-surviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location.

25.

"Rehabilitation" is defined as the act or process of making possible a compatible use for a resource through repair, alterations and additions while preserving those portions or features which convey its historical, cultural, or architectural value.

26.

"Restoration" is defined as the act or process of accurately depicting the form, features and character of a resource as it appeared at a particular period in time by means of the removal of features from other periods in its history and reconstructing missing features from the restoration period.

27.

"Setting" is the physical environment of a historic property. Whereas location refers to the specific place where a property was built or an event occurred, setting refers to the character of the place in which the property played its historical role.

28.

"Site" is the location of a significant event, a prehistoric or historic occupation or activity, or a building, structure or landscape, whether standing, existing, ruined, or vanished, where the location itself possesses historic, cultural, or archaeological value regardless of the value of any existing structure. A site can possess associative significance or information potential or both, and can be significant under any or all of the four criteria for evaluation of significance.

29.

"Standards" are the Secretary of the Interior's Standards for the Treatment of Historic Properties, which is the body of information that provides acceptable approaches for preserving, rehabilitating, restoring and reconstructing significant historical resources or potentially significant historical resources. A project that follows the Secretary's Standards is considered not to result in a significant impact to the resource under the California Environmental Quality Act(CEQA).

30.

"Structure" is a man-made feature made of interdependent and interrelated parts in a definite pattern of organization. The term "structure" is used to distinguish from "buildings" which are constructed primarily for human shelter. If a structure has lost its historic configuration or pattern of organization through deterioration or demolition, it is usually considered a "ruin" and is categorized as a site.

31.

"Substantial adverse change" means demolition, destruction, relocation, or alteration of the character-defining features of an historical resource or its immediate surroundings such that the significance of an historical resource would be materially impaired. A project with an effect that may cause a substantial adverse change is a project that may have a significant effect on the environment under CEQA.

32.

"Unique archaeological resource" is a type of historical resource and means an archaeological artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it meets any of the following criteria:

a.

Contains information needed to answer important scientific research questions and that there is a demonstrable public interest in that information.

b.

Has a special and particular quality such as being the oldest of its type or the best available example of its type.

c.

Is directly associated with a scientifically recognized important prehistoric or historic event or person.

33.

"Workmanship" is the physical evidence of the crafts of a particular culture or people during any given period in history or prehistory.

B.

Terms Not Defined. Terms not defined in this section shall be interpreted so as to give this chapter its most reasonable meaning and application.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Citywide Reconnaissance Survey.

1.

In 2008, the city completed a reconnaissance survey to identify potential historical resources located within the city of Morgan Hill 2007 Urban Growth Boundary (UGB). The survey process included a visual survey of over 870 properties containing structures at least forty-five years in age. From the over 870 properties, 126 DPR 523A primary record survey forms were completed for properties appearing to maintain historic integrity. The reconnaissance survey will be used to exclude properties from further historic evaluation and to identify those properties requiring a full evaluation as defined in this chapter, as part of future development proposals, to determine historical significance.

2.

The city of Morgan Hill may periodically update the citywide reconnaissance survey and/or survey additional properties located within the city limits, urban growth boundary, urban limit line, or sphere of influence boundary, for the purposes of identifying those properties or geographic areas that are determined not to be or contain potentially significant historical resources, as well as to identify those properties or areas that may contain potentially significant historical resources and will require additional evaluation in order to make determinations of age, integrity and/or significance.

3.

The city of Morgan Hill will maintain a comprehensive record of reconnaissance surveys, evaluations and historic reports completed for properties located within the city limits, urban growth boundary and/or sphere of influence, including those completed as part of the 2008 Reconnaissance Survey and those submitted by individual applicants.

B.

Local Register of Designated Historical Resources. The city of Morgan Hill will maintain a local register of designated historical resources consisting of resources determined by the city council to possess age, integrity and significance. The city of Morgan Hill will also maintain an adopted survey list identifying resources considered to be significant to Morgan Hill but not officially designated or listed on the local register. For the purposes of this chapter, an object, building, structure, site, area, district, unique archaeological resource, place, record, or manuscript may be classified a designated historical resource and placed on the local register by the planning commission pursuant to Section 2.36.040 if it is determined through survey and documentation to be a "historical resource" as defined in this chapter, which are determined to have (a) age, (b) integrity and (c) historical significance as defined by this chapter

C.

Archaeological Sensitivity Maps. The city of Morgan Hill may publish or adopt archaeological sensitivity maps and/or may request the assistance of the Northwest Information Center, which is the area's historical resources information system located at Sonoma State University, for information about known archaeological sites, or about potential historic or prehistoric resources that may be determined to be significant or unique.

D.

Site Specific Evaluations. The city of Morgan Hill may require project applicants to retain qualified consultants to prepare evaluations that can be used by the city to determine whether a property or site is a potentially significant or a significant historical resource, as part of development review and/or environmental review processes. The city may require a peer review by the city's historic consultant of any evaluation report submitted directly by an applicant. Reconnaissance surveys and evaluations shall use the adopted Morgan Hill Historic Context Statement as a tool for understanding whether and why the property is significant. A resource must be associated with an important historical context and retain integrity of those features necessary to convey that significance.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

Historical resources and historic districts shall be designated and placed on the local register by the planning commission as follows:

A.

Request for Designation. The city of Morgan Hill or any property owner may request the designation of a significant or potentially significant historical resource or the designation of a historic district by submitting an application for such designation to the planning commission. The community development director, planning commission or city council may also initiate such proceedings on their own motion.

B.

Study. The community development director will conduct a study of the proposed designation and make a preliminary determination based on such documentation as may be required, as to the appropriateness for designation. If the community development director determines the application merits consideration, the community development director shall forward such analysis and recommendation to the planning commission at a public hearing to consider designation of the historical resource or historic district.

C.

Hold on Permits. No building alteration, demolition or relocation permits for any improvement, building or structure proposed for designation or located within a historic district that is proposed for designation shall be issued while the public hearing or any appeal related thereto is pending.

D.

Public Notice and Hearing. The planning commission shall consider an application for the designation of a proposed historical resource or historic district at a public hearing noticed in accordance with Section 18.104.090 (Notice of Hearing).

E.

Planning Commission Decision. At the conclusion of the public hearing for the designation of a proposed historical resource or historic district, the planning commission shall approve in whole or in part, or disapprove in whole or in part, the application, in writing.

F.

Appeal. The planning commission decision to approve or deny the formal designation of a historical resource or historic district or to impose conditions on a project may be appealed in accordance with Section 18.60.112 (Appeals).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

Historical resources may be placed on the adopted survey list by the city council in the following manner:

A.

Initiation. The city of Morgan Hill or any property owner may request the inclusion of a significant or potentially significant historical resource on the adopted survey list by submitting an application to the community development director. The planning commission or city council may also initiate such proceedings on their own motion.

B.

Study. The community development director will conduct a study of the proposed inclusion and make a preliminary determination based on such documentation as may be required, as to the appropriateness for inclusion, and shall forward such analysis and recommendation to the planning commission and city council at a public hearing.

C.

Hold on Permits. No alteration, demolition or relocation permits shall be issued for the subject resource while the public hearing or any appeal related thereto is pending.

D.

Planning Commission Hearing. The planning commission shall consider an application for the inclusion of the resource on the adopted survey list at a public hearing noticed in accordance with Section 18.104.090 (Notice of Hearing). The planning commission shall recommend to the city council to either include or to not include resource on the adopted survey list.

E.

City Council Hearing. The city council shall act on application for the inclusion of the resource on the adopted survey list at a public hearing noticed in accordance with Section 18.104.090 (Notice of Hearing).

F.

Effect of Listing. Any proposed alteration, demolition or relocation of a historical resource listed on the adopted survey list shall be subject to the same review process and criteria outlined in this chapter for designated historical resources.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

Development projects and building permit applications involving structures or buildings at least forty-five years in age, or located within a historic district, shall undertake the following steps in the development review process to determine if a historical alteration permit and/or historical resource demolition or relocation permit is required. Building permit applications involving only interior improvements are not subject to the provisions of this chapter, unless the building interior is specifically listed on the local register as a designated historical resource.

A.

Prior Review. City staff shall consult the comprehensive record of reconnaissance surveys and evaluations on file at the development services department to determine whether the subject resource has been previously reviewed, and if so, the status of the resource (i.e., potentially significant, significant, not significant, or requires evaluation).

B.

Evaluation. If the subject resource has not been previously reviewed, or if the community development director determines the existing survey and/or evaluation is no longer valid due to the age of the survey or analysis (more than five years old), or as a result of substantial change to the physical condition of the resource or its setting, the applicant may be required to provide an evaluation. Evaluations shall be prepared by a qualified consultant and shall use the California Register Criteria for Evaluation and the adopted Morgan Hill Historic Context Statement to determine significance.

C.

Resources Found Not Significant. Resources that are surveyed, evaluated and determined not to be significant shall require no further historic review.

D.

Significant or Potentially Significant Resources.

1.

Resources that are surveyed, evaluated and determined to be a potentially significant or significant historical resource shall be subject to CEQA and the discretionary permit requirements established by this chapter for any proposed alteration, demolition or relocation of the resource.

2.

The community development director may determine that no evaluation and/or no discretionary permit is required if either of the following apply:

a.

The resource is located in a geographic area that has been determined by a valid reconnaissance survey, or other evaluation conducted by the city or applicant, not to be or contain potentially significant historical resources; or

b.

The nature of work is minor and incidental; will not adversely affect the external appearance of the character-defining features of existing significant improvements, buildings and structures on the site; the proposed project or building permit application is consistent with the Secretary of the Interior's Standards.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

When Required. Unless waived pursuant to paragraph 18.60.060.D.2, it is unlawful for any person to alter or modify character-defining features of a potentially significant or significant historical resource, a resource that has been formally designated or listed on the city's adopted survey list, or which lies within an historic district, without first obtaining a Historical Alteration Permit as outlined below. Neither the community development director nor the building official shall grant any permit to carry out such work without the approval of a historical alteration permit.

B.

Application. If a historical alteration permit is required pursuant to Section 18.60.040, the following procedures will be followed in processing the permit application:

1.

Historical alteration permit applications shall be submitted to the development services department for review and approval. Applications shall be accompanied by materials as required by the community development director and reasonably necessary for the proper review of the project, including but not limited to information regarding the age and construction of a building or structure and building permit records;

2.

The community development director or designated staff shall determine whether the application will be processed as "minor" or "major" historical alteration permit;

a.

"Minor" historical alteration permits shall apply to alterations with a valuation of less than ten thousand dollars or as determined to be minor by the community development director.

b.

"Major" historical alteration permits shall apply to alterations with a valuation of ten thousand dollars or greater.

3.

City staff will review applications for compliance with the Secretary of the Interior's Standards and may require that the applicant deposit funds for the city to retain the services of a qualified historic consultant if necessary;

4.

Environmental review of a historical alteration permit application will be required as follows:

a.

If the proposed alteration or modification is in compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties, the potential impact on historical resources shall be considered less than significant and the project would be exempt from CEQA unless other factors are identified which could cause other potentially significant environmental impacts.

b.

If the proposed alteration or modification is not in compliance with the Secretary of the Interior's Standards then CEQA review will be required.

5.

Historical alteration permit applications (both minor and major) will require the review and approval of the community development director or designated staff, except as provided below:

a.

Any application involving preparation of an initial study, negative declaration or environmental impact report shall be referred to the planning commission for approval at a duly noticed public hearing.

b.

The community development director may also require a historical alteration permit application to be reviewed and approved by the planning commission at his/her discretion.

6.

As part of the review process, the community development director or planning commission may impose conditions on a project to bring the proposed work into compliance with the Secretary of the Interior's Standards.

7.

The community development director or planning commission decision to approve or deny a historical alteration permit or to impose conditions on a project may be appealed in accordance with Chapter 18.112 (Appeals).

C.

Reconstruction of potential historical and historical resources shall also comply with the Secretary of the Interior's Standards and require a historical alteration permit as described under subsection B, above. If all of the conditions of reconstruction as defined in this chapter and by the standards for reconstruction cannot be met, then reconstruction should not be undertaken and CEQA analysis is required. Reconstruction, though not encouraged, may be a viable option, though rare.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2327 N.S., § 13, 12-15-2021)

A.

When Required. It is unlawful for any person to tear down, demolish, remove or relocate a potentially significant or significant historical resource, a resource that has been formally designated or listed on the city's adopted survey list, or which lies within an historic district, without first obtaining a historical resource demolition or relocation permit as outlined below. Neither the community development director nor the building official shall grant any permit to carry out such work without the prior approval of a historical resources demolition or relocation permit by the planning commission.

B.

Application. If a historical resource demolition or relocation permit is required pursuant to Section 18.60.050, the following procedures will be followed in processing the permit application:

1.

Applications for a historical resource demolition or relocation permit shall be submitted to the development services department for review and consideration by the planning commission. Applications shall be accompanied by materials as required by the community development director and reasonably necessary for the proper review of the project, including but not limited to information regarding the age and construction of a building or structure and building permit records.

2.

City staff will review applications for compliance with the Secretary of the Interior's Standards and may require that the applicant deposit funds for the city to retain the services of a qualified historic consultant if necessary.

3.

Environmental review of a historical resource demolition or relocation permit application will be required as follows:

a.

If the proposed demolition or relocation is in compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties, the potential impact on historical resources shall be considered less than significant and the project would be exempt from CEQA unless other factors are identified associated with the proposed project which could cause potentially significant environmental impacts.

b.

If the proposed demolition or relocation is not in compliance with the Secretary of the Interior's Standards then CEQA review will be required.

4.

Notice of public hearing for the planning commission consideration of a Historical Resource Demolition or Relocation Permit application shall be provided in accordance with Section 18.104.090 (Notice of Hearing).

5.

The planning commission shall complete its review and shall render its decision after the conclusion of a public hearing on the application. In review of permits sought to wholly or partially relocate or demolish a potentially significant or significant historical resource, or resources within an historical resource site or historic district, the planning commission may approve or disapprove the issuance of the permit or permits. The planning commission may also approve the issuance of the permit with conditions to bring the proposed work into compliance with the Secretary of the Interior's Standards.

6.

The planning commission decision to approve or deny a historical resource demolition or relocation permit may be appealed to the city council in accordance with Chapter 18.112 (Appeals).

7.

To move a designated historical structure listed on the National Register of Historic Places, the applicant must first obtain written approval from the Keeper of the National Register prior to the move to ensure that the resource will retain its National Register status; and

8.

To move a designated historical structure that is not National Register listed but is a locally designated historical resource, the community development director shall obtain sufficient information to ensure the new location substantially recreates the original location in terms of siting, setback, ordinal orientation and all other features that marked the original location, in order to retain its local register status.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

The following requirements apply to projects proposed within an area identified as archaeologically sensitive on the city's adopted archaeological sensitivity map.

A.

Status Determination.

1.

The city shall consult with the Northwest Information Center to determine if the project is located within or adjacent to a known archaeological site.

2.

If the city determines that the project is located within or adjacent to a known archaeological site, the following requirements apply:

a.

The project shall obtain a Historical Alteration Permit.

b.

The project's CEQA review shall consider potentially significant impacts on archaeological resources and identify appropriate mitigation measures to be imposed as conditions of approval in addition to the standard conditions in Subsection B below.

c.

The project shall comply with the standard conditions of approval in Subsection B below.

3.

If the city determines that the project is not located within or adjacent to a known archaeological site, the applicant may either:

a.

Prepare an archaeological survey for the site to identify necessary mitigation measures; or

b.

Comply with the standard conditions of approval in Subsection B below. If the project complies with these standard conditions of approval, the city shall find that potentially significant impacts on archaeological resources are reduced to a less than significant level and that the preparation of an archaeological resources report is not required.

B.

Standard Conditions of Approval.

1.

Applicability. The conditions of approval in paragraphs 2 and 3 below apply to:

a.

All projects located within or adjacent to a known archaeological site; and

b.

Projects not located within or adjacent to a known archaeological site which elected to comply with these conditions pursuant to A.3 above.

2.

On-Site Archaeologist. An archaeologist shall be present on-site to monitor all ground-disturbing activities. If historical or archaeological artifacts are found during construction, the following protocol shall be followed:

a.

Work within thirty feet of the artifacts shall halt immediately. And the archaeologist shall determine if the artifacts qualify as a unique archaeological resource as defined by this chapter.

b.

If the archaeologist determines that the artifacts are not a unique archaeological resource, the archaeologist shall submit to the community development director a brief memorandum or letter that describes the artifacts, assesses their significance, and describes of the methods used to determine their significance. Construction may continue upon the Director's approval of the archaeologist's determination.

c.

If the archaeologist determines that the artifacts qualify as a unique archaeological resource, the archaeologist shall submit to the community development director an action plan that recommends measures to avoid or minimize impacts to the resource. The action plan shall be prepared in conformance with California Public Resources Code 21083.2. Construction may continue only after the director's approval of the action plan.

3.

Discovery of Human Remains. If human remains are discovered during construction, the project shall comply with all applicable state and federal laws, including California Health and Safety Code Section 7050.5 and CEQA Guidelines Section 15064.5(e).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Requirement to Keep in Good Repair. The owner, occupant or other person in actual charge of a historical resource, or an improvement, building or structure in an historic district shall keep in good repair all of the exterior portions of such improvement, building or structure as necessary to prevent deterioration and decay of any exterior architectural feature.

B.

Enforcement. It shall be the duty of the community development director and the building official to enforce this section.

C.

Ordinary Maintenance and Repair. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this chapter that does not involve a change in design, material or external appearance thereof

D.

Public Safety. This chapter shall not prevent the construction, reconstruction, alteration, restoration, demolition or relocation of any such feature when the building official certifies to the community development director that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California Historical Building Code.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

General. Decisions of the community development director and planning commission as described in Subsection B and C below may be appealed in accordance with Chapter 18.112 (Appeals).

B.

Community Development Director Decisions. The following decisions by the community development director may be to the planning commission:

1.

The decision to approve or deny alteration to a potentially historical or historical resource or site; and

2.

The decision to impose conditions on a project involving the alteration of a potentially historical or historical resource or site.

C.

Planning Commission Decisions. The following decisions by the planning commission may be appealed to the city council:

1.

The determination made after a public hearing that an object, site or structure be placed on the local register as a designated historical resource or not be placed on the local register as a designated historical resource or historic district;

2.

The decision to grant or deny an approval to tear down, demolish, or relocate any improvement, or any portion thereof, which is a potentially historical or historical resource or site;

3.

The decision to approve or deny alteration to a potentially historical or historical resource or site;

4.

The decision to impose conditions on a project involving the alteration of a potentially historical or historical resource or site; and

5.

Any item acted on by the planning commission on appeal or referral from the community development director.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Methods of Enforcement. In addition to the regulations of this chapter, other chapters of the municipal code and other provisions of law which govern the approval or disapproval of applications for permits or licenses covered by this chapter, the community development director and building official have the authority to implement the enforcement thereof by any of the following means:

1.

Serving notice requiring the removal of any violation of this chapter upon the owner, agent, occupant or tenant of the improvement, building, structure or land;

2.

Calling upon the city attorney to institute any necessary legal proceedings to enforce the provisions of this chapter, and the City Attorney is authorized to institute any actions to that end; and

3.

Calling upon the chief of police and authorized agents to assist in the enforcement of this chapter.

B.

Injunctive Relief. In addition to any of the remedies described in Subsection A above, the city attorney may maintain an action for injunctive relief to restrain or enjoin or to cause correction or removal of any violation of this chapter, or for an injunction in appropriate cases.

C.

Restoration. Any person who demolishes, alters, or constructs a building or structure in violation of this act shall be required to restore the building or structure and its site to its appearance prior to the violation. Any action to enforce this subsection shall be brought by the city attorney. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Permit Fees. The city council may waive or reduce any processing fees for permits or other procedures for an owner of a designated historical resource undertaking work on the resource. The community development director is authorized to accelerate the processing of any other required applications to comply with city requirements.

B.

Historic Preservation Funding Program. The city of Morgan Hill may establish a funding program and guidelines for use by owners of a designated historical resource, as defined in this chapter. Funding subsidies may be available for an owner undertaking work on an historical resource who is prevented by economic constraints from completing work in compliance with the Secretary of the Interior's Standards. The community development director may develop an application for requested subsidies. Evaluation criteria could include the significance of the historical resource, owner need and necessity for the work to be undertaken. All work undertaken shall meet the Secretary of the Interior's Standards for the Treatment of Historic Properties. Emergency measures to ensure the stability of a damaged designated historical resource shall be an allowable cost.

C.

Mills Act. The city of Morgan Hill may maintain the provision of the Mills Act, adopted in 1972 by the State of California and amended in 1984 to allow an owner of a designated historical resource to have the property tax amount abated based on the provisions of the act. The owner and the city shall enter into an agreement which defines the actions to be taken by the owner to ensure the restoration, or protection and continued compatible use of the property.

D.

Marks Historical Rehabilitation Act. The city of Morgan Hill may adopt provisions of the Marks Historical Rehabilitation Act. Under the provisions of this Act, the city of Morgan Hill may issue tax-exempt revenue bonds for the purpose of financing the historical rehabilitation of buildings with significance to the city of Morgan Hill, the state of California, or the United States.

E.

Historic Easements. The city of Morgan Hill may participate in the development of a historic easement for a designated historical resource, including cultural/historic landscapes and all other historical resource types. The purpose of the easement is to protect the city's historical resources for the benefit of the community by allowing the owner to obtain a tax credit for the restoration, protection, or continued compatible use of the historical resource. The value of the revised deed restrictions may be held by the city or appropriate historical society or preservation organization with the expertise to oversee the enforcement of the easement for the current owner and any subsequent property owner.

F.

Historical Building Code. Significant and designated historical resources shall be eligible to use the California Historical Building Code, which can allow for alternate methods of meeting building code requirements.

G.

Planned Development Overlay. Owners of designated historical resources may submit an application for a planned development overlay zoning of the property in accordance with Section 18.30.050. The planned development overlay may allow other conditional uses on the site beyond those uses allowed by the underlying base zoning district and/or different development standards including but not limited to setbacks, height and parking standards.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)