Pleasant Hill City Zoning Code
PART 3
OVERLAY DISTRICTS
§ 18.40.010 Purpose and applicability.
Overlay districts are zoning districts established to carry out specific purposes. They are governed by a set of regulations that address specific subjects, such as historic districts and cultural resources. Overlay districts may be initially established by adding a specific section to this Part 3, Overlay Districts, without being actually delineated on the zoning map. At a later time, when an opportunity arises to carry out the intended purposes for one or more sites that meet the criteria for designation, the city council may adopt an ordinance amending the zoning map to delineate the boundaries of the overlay district. The provisions of the overlay district then will be combined with the provisions of the base zoning district for that site or sites to which the overlay district applies and the more restrictive provisions will govern.
(1991 code § 35-11.1; Ord. 710 § 35-11.1, 1996)
§ 18.40.020 Initiation – Review and approval.
The planning commission or the city council may initiate an amendment to the zoning ordinance to establish an overlay district under the procedures established in PHMC Chapter 18.125, Zoning Ordinance Amendments. The planning commission may recommend and the city council may adopt an ordinance enacting overlay district provisions under the requirements and criteria of PHMC Chapter 18.125 after duly noticed public hearings.
(1991 code § 35-11.2; Ord. 710 § 35-11.2, 1996)
§ 18.45.010 Specific purposes.
The specific purposes of the historic districts and cultural resources overlay districts are to prevent neglect of historic or architecturally significant buildings, encourage public appreciation of the city's past, foster civic and neighborhood pride, enhance property values and increase economic and financial benefits to the city, and encourage public participation in identifying and preserving historical and architectural resources. The historic districts and cultural resources overlay districts are intended to:
A.
Promote the conservation, preservation, protection, and enhancement of cultural resources, landmarks and historic districts, sites, buildings, structures and objects significant in history, architecture, archaeology, and culture which impart a distinct aspect to the city and serve as visible reminders of the city's culture and heritage;
B.
Deter demolition, destruction, alteration, misuse, or neglect of historically, culturally, archaeologically or architecturally significant districts, sites, buildings and objects that form an important link to the city's past;
C.
Encourage development tailored to the character and significance of each historic district or landmark through an historic district conservation plan that includes goals, objectives, and design standards;
D.
Provide a review process for the appropriate preservation and development of important cultural, architectural and historical resources; and
E.
Promote maintenance of a harmonious outward appearance of both historic and modern structures through complementary scale, form, color, proportion, texture and material.
(1991 code § 35-12.1; Ord. 710 § 35-12.1, 1996)
§ 18.45.020 Responsibilities and applicability.
A.
Responsibilities. The city's architectural review commission shall:
1.
Establish criteria and conduct a comprehensive survey in conformance with state survey standards and guidelines of cultural heritage resources within the boundaries of the city, notify property owners of cultural heritage resources identified by the survey, publicize the results of the survey with the consent of each cultural heritage resource owner and periodically update the survey results.
2.
Recommend to the planning commission and city council the designation of cultural resources and historic districts determined to be appropriate for historic preservation.
3.
Maintain a local register of cultural resources within the city including all information required for such designation. The register shall remain in the possession of the city and be accessible to the public.
4.
Review and comment upon public and private land use proposals, programs, and related environmental documents, as they pertain to designated or nominated cultural resources of the community or to the property upon which a cultural resource is located, including all public and private land use proposals located within 100 feet of such cultural resource.
5.
Approve, approve with conditions or disapprove permit applications to construct additions, change, alter, modify, remodel, remove or otherwise significantly affect any designated or nominated cultural resource.
6.
Recommend that the city purchase property, grant or acquire easements and employ other mechanisms for purposes of cultural heritage resources preservation.
7.
Investigate the use of various federal, state, local and private funding sources and mechanisms for cultural resource management.
B.
Establishment. An "H" historic district designation or "CR" cultural resources designation may be combined with any base zoning district. An "H" historic district designation or a "CR" cultural resources designation may be adopted only as an amendment to the zoning map pursuant to the procedures and criteria of PHMC Chapter 18.125, and the criteria of this section.
C.
Certificate of appropriateness required. A certificate of appropriateness is required before development, exterior alteration, restoration, or relocation of any structure or site in an "H" historic district or a designated cultural resource ("CR"). The certificate must be obtained before issuance of a zoning permit or a building permit, unless the development, alteration, restoration, or relocation is exempt under PHMC § 18.45.110.
(1991 code § 35-12.2; Ord. 710 § 35-12.2, 1996; Ord. 727 § 6, 1998; Ord. 890 § 22, 2015)
§ 18.45.030 Zoning map designators.
Each "H" historic district or "CR" cultural resources designation shall be shown on the zoning map by adding an "-H" or a "-CR" designator, respectively, to the base zoning district designation followed by the number of the "H" historic district or "CR" cultural resources designation, based on its order of adoption with reference to the enacting ordinance.
(1991 code § 35-12.4; Ord. 710 § 35-12.4, 1996)
§ 18.45.040 Initiation.
An application for an amendment to the zoning map for an "H" historic district designation or "CR" cultural resources designation may be initiated by the city council, the planning commission, the architectural review commission, or the affected property owner.
If an application for a designation is initiated under this section, the zoning administrator shall provide copies of this section and of the city's cultural resources management guidelines to all property owners that would be subject to the designation and inform them in writing of the restrictions that will be placed on their property as a result of such designation.
(1991 code § 35-12.6; Ord. 710 § 35-12.6, 1996; Ord. 890 § 23, 2015)
§ 18.45.050 Land use and property development regulations.
The land use regulations and development regulations applicable to a building, structure or area subject to an "H" historic district or "CR" cultural resources designation shall be as prescribed for the base zoning district with which it is combined, unless modified by the ordinance establishing the "H" historic district or "CR" cultural resources designation. If conflicts arise, the criteria and requirements of any applicable historic district conservation plan shall govern.
A.
Ordinary maintenance and repair – Repair for public safety. Nothing in this section is intended to prohibit ordinary maintenance or repair of any exterior or interior architectural features in or on any property subject to an "H" or "CR" overlay district designation that does not involve a change in design, material or external appearance. Nor is this section intended to prohibit the construction, reconstruction, alteration, restoration, demolition or removal of any such architectural feature when the zoning administrator certifies to the architectural review commission that such action is required for the public safety, due to an unsafe or dangerous condition which cannot be otherwise rectified.
B.
Preservation easements. In order to implement the provisions of this section, preservation easements on the facades of buildings designated as a cultural resource may be acquired by the city or nonprofit group through purchase, donation or condemnation pursuant to Civil Code section 815.
C.
State Historical Building Code. The California State Historical Building Code provides alternative building regulations for the rehabilitation, preservation, restoration or relocation of structures designated as cultural resources. Such work on designated cultural resources shall be subject to the provisions of the California State Historical Building Code rather than the Uniform Building Code.
D.
The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. "The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" (Revised 1983) shall be used by the architectural review commission as guidelines in carrying out their responsibilities under this chapter.
(1991 code § 35-12.8; Ord. 710 § 35-12.8, 1996)
§ 18.45.060 Procedure.
A.
General. An application for an amendment to the zoning map for an "H" historic district designation or "CR" cultural resources designation shall be processed pursuant to the procedures and criteria of PHMC Chapter 18.125 and the criteria of this section.
B.
Additional application contents.
1.
Historic district application. In addition to the application contents required for an amendment to the zoning map pursuant to PHMC Chapter 18.125, an application for an amendment to the zoning map for an "H" historic district designation shall include a proposed historic district conservation plan for the "H" historic district containing:
a.
A map and description of the proposed "H" historic district, including boundaries; photographs of buildings in the proposed district; an inventory of the age, setting, character and architectural, cultural or historical significance of structures in the proposed district; and proposed objectives to be achieved in the "H" historic district;
b.
A statement of the architectural, cultural, or historical significance of the proposed "H" historic district and a description of structures and features to be preserved;
c.
A list of specific categories of exterior alterations that require approval of a certificate of appropriateness to preserve the architectural or historical integrity of the proposed "H" historic district; and
d.
A set of specific performance guidelines and standards for reviewing applications for demolition of buildings, new construction and exterior alterations, signs, landscape and streetscape features that will preserve the integrity of the "H" historic district.
Where an "H" historic district designation is initiated by the city, the architectural review commission shall assist in the preparation of the historic district conservation plan.
When the applicant is not the city, a form bearing the signatures of all of the property owners within the proposed "H" historic district requesting the designation must be submitted at the time the application is filed.
2.
Cultural resources district application. In addition to the application contents required for an amendment to the zoning map under PHMC § 18.125.030, an application for an amendment to the zoning map for a "CR" cultural resources designation shall include the following:
a.
A map showing the location of the building or structure and building plans or photographs of the building exterior;
b.
A statement of the cultural significance of the building or structure, and a description of the particular features that should be preserved; and
c.
Except when initiated by the city, the consent of the owner or authorized agent of the building or structure proposed for designation.
3.
Review and recommendation of zoning administrator. Upon determination that the application for amendment to the zoning map for an "H" historic district designation or "CR" cultural resources designation is complete, the zoning administrator shall prepare a staff report.
4.
Architectural review commission review. After completion of the staff report, but before scheduling the planning commission public hearing, the zoning administrator shall refer the application for amendment to the zoning map for an "H" historic district designation or "CR" cultural resources designation to the architectural review commission for review and recommendation to the planning commission and the city council.
5.
Recommendation by planning commission/action by city council. An application for an amendment to the zoning map for an "H" historic district designation or "CR" cultural resources shall be the subject of public hearings before the planning commission and the city council.
(1991 code § 35-12.10; Ord. 710 § 35-12.10, 1996; Ord. 890 § 24, 2015)
§ 18.45.070 Criteria for establishment of historic districts and cultural resources designations.
A.
General criteria. In addition to the criteria for amendments to the zoning map established in PHMC Chapter 18.125, the city council shall consider the following criteria in determining whether to adopt an ordinance designating an "H" historic district or "CR" cultural resources:
1.
The area, structures or site possesses value as a visible reminder of the cultural heritage of the city.
2.
The area, structure or site is identified with a person, group, or event that contributed significantly to the cultural or historical development of the city.
3.
Structures within the area exemplify a particular architectural style or way of life important to the city.
4.
Structures within the area are the best remaining examples of an architectural style in a neighborhood.
5.
The area or its structures are identified as the work of a person or group whose work has influenced the heritage of the city.
6.
The area or its structures embody elements of outstanding attention to architectural or landscape design, detail, materials, or craftsmanship.
7.
The area is related to a designated historic or landmark building or district in such a way that its preservation is essential to the integrity of the building or district.
8.
Specific evidence exists that unique archaeological resources are present.
B.
Adoption of an historic district conservation plan. In addition, the ordinance establishing an "H" historic district shall include an historic district conservation plan, in the form submitted or as revised by the city council.
(1991 code § 35-12.12; Ord. 710 § 35-12.12, 1996)
§ 18.45.080 Amendments to "H" historic district or "CR" cultural resources designation.
An amendment to an "H" historic district and historic district conservation plan or "CR" cultural resources designation shall only be approved as an amendment to the zoning ordinance and zoning map under the procedures and criteria of PHMC Chapter 18.125.
(1991 code § 35-12.14; Ord. 710 § 35-12.14, 1996)
§ 18.45.090 Use permits for waiver from land use regulations.
The planning commission, after receiving a recommendation from the architectural review commission, may grant a use permit for a waiver of the land use regulations of the base zoning district with which an "H" historic district or "CR" cultural resources designation is combined, when such a waiver is necessary to permit the preservation or restoration of an historic or architecturally significant building, structure or site, consistent with the purposes of this section, the general purposes of this zoning ordinance, the applicable historic district conservation plan, and the general plan.
An application for a use permit shall be reviewed under the procedures and standards of PHMC Chapter 18.75, except that the zoning administrator shall refer applications for a use permit under this section to the architectural review commission for review and recommendation before the application is submitted to the planning commission.
In making a decision, the planning commission shall make a written finding of the facts relied upon and the basis for determining consistency with the purposes of this section, the general purposes of this zoning ordinance, the applicable historic district conservation plan, and the general plan.
(1991 code § 35-12.16; Ord. 710 § 35-12.16, 1996; Ord. 890 § 25, 2015)
§ 18.45.100 Maintenance of structures and premises.
A.
General. All property owners in "H" historic districts and property owners subject to a "CR" cultural resources designation shall have the obligation to maintain structures and premises in good repair, and no owner shall permit the property to fall into a serious state of disrepair which results in deterioration of any architectural feature that would, in the judgment of the architectural review commission, produce a detrimental effect upon the character of the "H" historic district or the life and character of an individual cultural resource.
B.
Standards of review. The standards of review for good repair and disrepair as follows:
1. Good repair
includes and is defined as the level of maintenance that ensures the continued availability of the structure and premises for a lawfully permitted use, and prevents unreasonable deterioration, dilapidation, and decay of the exterior portions of the structure and premises. Structures and premises shall be considered in good repair if there is no evidence of disrepair or material variance in the condition compared to surrounding structures that are in compliance with this section.
2. Disrepair
includes but is not limited to unreasonable deterioration of exterior walls, plaster, mortar or vertical or horizontal supports; deterioration of roofs and exterior chimneys; ineffective waterproofing, including broken windows or doors; or the deterioration of any other exterior feature that would create a hazardous or unsafe condition.
(1991 code § 35-12.18; Ord. 710 § 35-12.18, 1996)
§ 18.45.110 Certificate of appropriateness.
A certificate of appropriateness is required before development, exterior alteration, restoration, rehabilitation, or relocation of any structure or site in an historic district, or of a designated cultural resource, that would affect its appearance and cohesiveness. The purpose of this requirement is to ensure the integrity of structures and the general character in historic districts or the integrity and general character of designated cultural resources.
A.
Authority. The architectural review commission has the authority to review and approve, approve with conditions, or disapprove a certificate of appropriateness under this section.
B.
Exemptions. No certificate of appropriateness is required for ordinary maintenance and any development, alteration, restoration, rehabilitation, or relocation that is not specifically described as critical to maintaining the historical or architectural integrity of the historic district or designated cultural resource.
C.
Initiation. An application for a certificate of appropriateness may be submitted only by the affected property owner.
D.
Procedure.
1.
Submission of application. A complete application for a certificate of appropriateness shall be submitted to the zoning administrator, on a form prescribed by the zoning administrator, along with the required fee.
2.
Review and recommendation by zoning administrator. Upon a determination that the application is complete, the zoning administrator shall review the application and prepare a staff report recommending approval, approval with conditions, or disapproval of the application. A copy of the staff report shall be mailed to the applicant at least 10 days before the public hearing on the application.
3.
Public hearing before the architectural review commission. After notice in accord with PHMC Chapter 18.125, the architectural review commission shall conduct a public hearing on the application. At the public hearing, the architectural review commission shall consider the application, the relevant support materials, the staff report, and public testimony given at the public hearing. After the close of the public hearing, the architectural review commission shall, within a reasonable period of time, approve, approve with conditions, or disapprove the application based on the criteria in subsection E of this section.
4.
Notice of decision. The zoning administrator shall provide a copy of the decision to the applicant by mail within a reasonable period of time after the decision is made.
E.
Criteria. To approve an application for a certificate of appropriateness, the architectural review commission shall consider:
1.
Whether the proposed construction, reconstruction, or relocation is appropriate and consistent with this section and the conservation plan for the historic district.
2.
Whether the applicant has demonstrated that every reasonable effort will be made to minimize alteration of any structure and preserve its integrity.
3.
Whether the distinguishing original qualities or character of a structure or site and its environment will not be destroyed, and the removal or alteration of any historic material or distinctive architectural feature will be avoided, to the greatest extent reasonably practical.
4.
Whether all structures or sites are recognized as products of their own time and whether alterations that have no historical basis and which seek to create an earlier appearance will be minimized.
5.
Whether changes which may have taken place in the course of time are evidence of the history and development of a structure or site and its environment and whether such changes, which may have acquired significance in their own right, will be recognized and respected.
6.
Whether distinctive stylistic features or examples of skilled craftsmanship which characterize a structure or site will be kept, to the extent reasonably possible.
7.
Whether:
a.
Proposals for replacement, rather than repair, of deteriorated architectural features are necessary;
b.
New material will reasonably reflect the material being replaced in composition, design, color, texture, and other visual qualities to the extent reasonably possible; and
c.
Repair or replacement of missing architectural features shall be based on accurate duplication of features, substantiated by historical, physical, or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other structures.
8.
Whether every reasonable effort will be made to protect and preserve archaeological resources affected by, or adjacent to, any project.
9.
Whether any proposed contemporary design for alterations and additions will destroy significant historical, architectural, or cultural material, and such design will be compatible with the size, scale, color, material, and character of the property, neighborhood, or environment.
10.
Whether additions or alterations to structures or sites will be done in a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the building, structure, object, or site would be unimpaired.
F.
Conditions. The zoning administrator may recommend, and the architectural review commission may impose, such conditions in a certificate of appropriateness that are necessary to accomplish the purposes of this chapter and prevent or minimize adverse impacts upon the public and neighborhoods. These conditions shall run with the land and not be affected by a change in ownership.
G.
Appeal for economic hardship. On the basis of economic hardship, an applicant may appeal the decision of the architectural review commission on an application for a certificate of appropriateness to the planning commission by filing a notice of appeal with the zoning administrator within 14 days of the date of the decision on the certificate of appropriateness, stating the grounds for the appeal. The zoning administrator shall forward the notice of appeal and the record of the decision on which the appeal is based to the planning commission.
1.
Scheduling hearing. After the receipt of the notice of appeal, the planning commission shall hold a hearing on the appeal within a reasonable period of time, or at such time as is mutually agreed upon between the applicant and the zoning administrator.
2.
Decision by planning commission. At the hearing, the planning commission shall consider the record of the decision on which the appeal is based and hear statements from the applicant and the zoning administrator, and any other persons. The planning commission may affirm or reverse the decision of the cultural resource management commission after considering evidence that:
a.
The structure or site is incapable of providing a reasonable economic return on investment, regardless of whether that return represents the most profitable return possible; and
b.
The structure or site cannot be adapted to another use that would provide a reasonable economic return on investment while maintaining the historic or architectural integrity of the structure or site.
3.
Effect of issuance of a certificate of appropriateness. The issuance of a certificate of appropriateness authorizes the development, exterior alteration, restoration, or relocation of the site or structure within the historic district or of the designated cultural resource under the terms of the certificate and authorizes the applicant to apply for a zoning permit. A certificate of appropriateness shall run with the land.
4.
Amendment to certificate of appropriateness. A certificate of appropriateness may be amended, extended, or modified only in accord with the procedures and criteria established for its original approval.
(1991 code § 35-12.20; Ord. 710 § 35-12.20, 1996; Ord. 890 § 26, 2015)
§ 18.45.120 Demolition permits.
A demolition permit is required before demolition of any structure or site in an historic district, or of a designated cultural resource.
A.
Authority. The architectural review commission has the authority to review and approve, approve with conditions, or disapprove a demolition permit under this section.
B.
Applicability. Before the demolition of a structure or site in an historic district or of a designated cultural resource, a demolition permit shall be approved by the architectural review commission.
C.
Initiation. An application for a demolition permit may be submitted only by a qualified applicant.
D.
Procedure.
1.
Submission of application. A complete application for a demolition permit shall be submitted to the zoning administrator, on a form prescribed by the zoning administrator, along with the required fee.
2.
Review and recommendation by zoning administrator. When the zoning administrator determines the application is complete, the zoning administrator shall review the application and prepare a staff report recommending approval, approval with conditions, or disapproval of the application based on the criteria in subsection E of this section. A copy of the staff report shall be mailed to the applicant before the public hearing on the application.
3.
Public hearing before the architectural review commission. After due notice in accordance with PHMC § 18.80.010, the architectural review commission shall conduct a public hearing on the application. At the public hearing, the architectural review commission shall consider the application, the relevant support materials, the staff report, and public testimony. Within a reasonable period of time after the close of the public hearing, the architectural review commission shall defer action on the demolition permit for 180 days, or approve, approve with conditions, or disapprove the application based on the criteria in subsection E of this section.
4.
Notice of decision. The zoning administrator shall provide a copy of the decision of the architectural review commission to the applicant by mail within a reasonable period of time after the decision is made.
E.
Criteria. To defer action, or approve, or approve with conditions an application for a demolition permit, the architectural review commission shall consider the proposed demolition in the context of the standards governing demolition that are included in the appropriate historic district conservation plan, the architectural or historic significance and the value of the structure or site, and take any of the following actions:
1.
Deferral of action on application. If it is determined that the structure or site has historical, architectural or cultural interest or value as determined in the appropriate historic district conservation plan, the architectural review commission may defer a final decision on an application for demolition for 180 days from the date that the application for a demolition permit is accepted as complete. Upon determining that action is to be deferred, the architectural review commission shall direct the zoning administrator to consult with recognized historic preservation organizations and other civic groups, public agencies, and interested citizens and report back to the commission within such 180-day period as to the feasibility of:
2.
If at the end of the 180-day period it is demonstrated that the structure or site cannot be preserved through acquisition, relocation or any other reasonable means, the demolition permit shall be issued.
3.
Immediate action. A demolition permit shall be issued if the architectural review commission determines that the structure or site has no substantial historical, architectural, or cultural interest or value identified in the appropriate historic district conservation plan.
F.
Conditions. The zoning administrator may recommend, and the architectural review commission may impose, such conditions in a demolition permit that are necessary to accomplish the purposes and intent of this section, and prevent or minimize adverse impacts upon the public and neighborhoods. These conditions shall run with the land and shall not be affected by a change in ownership.
G.
Appeal. Any interested person may appeal the decision of the architectural review commission on an application for a demolition permit to the planning commission in accord with the provisions of PHMC Chapter 18.130.
H.
Amendment to demolition permit. A demolition permit may be amended, extended, or modified only in accord with the procedures and criteria established for its original approval.
(1991 code § 35-12.22; Ord. 710 § 35-12.22, 1996; Ord. 890 § 27, 2015)