Poway City Zoning Code
CHAPTER 17
45 HISTORICAL STRUCTURES
§ 17.45.010 Purpose and intent.
It is the purpose and intent of this chapter to:
A.
Protect, enhance and perpetuate historic/cultural resources, sites, and districts that represent or reflect elements of the City’s cultural, social, economic, political and architectural history for the public health, safety and welfare of the people of the City;
B.
Safeguard the City’s historic heritage as embodied and reflected in its historic/cultural resources, sites, historic districts;
C.
Stabilize and improve values;
D.
Foster civic pride in the character and accomplishments of the past;
E.
Strengthen the City’s economy by protecting and enhancing the City’s attractions to residents, tourists, and visitors and serve as a support and stimulus to business and industry;
F.
Enhance the visual character of the City by encouraging the preservation of unique and established architectural traditions;
G.
Promote historic landmarks and districts for the use, education, pleasure, and welfare of the people of the City; and
H.
Permit historic sites to be identified, documented, and recorded by written and photographic means and allow an opportunity for voluntary preservation of historic sites, all without infringing on the ability and right of a property owner to control the use of property or structures.
(Ord. 296 § 1, 1989)
§ 17.45.020 Definitions.
A.
“A,” “B,” “C” and “D” resources are defined in PMC § 17.45.030.
B.
“Certificate of historical significance”
means a certificate issued by the Director of Development Services approving restoration, construction, removal, relocation in whole or in part, of or to a historic landmark or to a historic place.
C.
“Development”
means any exterior change or modification through public or private action, or any historic landmark or place including, but not limited to, exterior changes to or modification of structure, architectural details or visual characteristics such as paint color and surface texture, grading, surface paving, new structures, cutting or removal of trees and other natural features, and the placement or removal of any exterior objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings and landscape accessories affecting the exterior visual qualities of the property.
D.
“Facade”
means the exterior face of a building which is the architectural front, sometimes distinguished from other faces by elaboration or architectural or ornamental details.
E.
“Fixture”
means a decorative or functional device permanently affixed to a site or the exterior of a structure and contributing to its ability to meet historic designation criteria. Permanently affixed shall include, but not be limited to, attachment by screws, bolts, pegs, nails or glue, and may include such attachment methods as rope, glass or leather if such material is integral to the design of the device. Fixtures include, but are not limited to, lighting devices, murals, molding, leaded glass or other decorative windows and decorative hardware.
F.
“Historic district”
means any area which contains a number of structures or natural features having a similar character of historical, cultural, architectural, community or aesthetic value as part of the heritage of the City, region, State or the United States, and which has been designated pursuant to this chapter.
G.
“Historic landmark”
means any historic/cultural resource which has been designated pursuant to PMC § 17.45.040.
H.
“Historic/cultural resources”
means areas, streets, places, buildings, structures, or outdoor works of public art, natural features and other objects having a special historical, cultural, architectural, community or aesthetic value.
I.
“Improvement”
means any place, building, structure, natural feature or object constituting a physical addition to real property or a structure on real property, or any part of such addition or facade.
J.
“Natural feature”
means any tree, plant life, or geological element.
K.
“Owner”
means the person appearing on the last equalized assessment roll of the County of San Diego.
L.
“Person”
means any individual, association, partnership, firm, corporation, public agency or political subdivision.
M.
“Removal”
means the removal, displacement, demolition, or modification from a historic landmark or site that the historic landmark occupies, or any device, feature, fixture, hardware, structural or decorative material which contribute to the cultural, historic, or architectural character of the historic/cultural resource.
N.
“Secretary of the Interior’s Standards”
means the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, 1983 Edition, or such later edition as adopted by the City Council.
O.
“Survey”
means Poway Historical Survey: Historic/Cultural Resources Inventory. This survey should document structures and artifacts related to the area’s history from the establishment of Poway in 1887 up through 1940 including all areas within the corporate limits.
(Ord. 296 § 1, 1989; Ord. 518, 1999)
§ 17.45.030 Categorization.
The City has conducted a preliminary historic/cultural resources inventory covering 33 sites in the City. In order to change the categorization of an identified resource, or to add a building, structure, place or object to the inventory, the following criteria for evaluating historic/cultural resources have been established:
A.
Description of Categories. Four categories of resources are identified and classified A through D.
Category A: This category is reserved for those structures, buildings, sites, or objects of major significance. The resource must meet one or more of the following criteria:
It is the site of, or reflects special elements or events of the City’s cultural, social, economic, political, aesthetic, engineering or architectural history; or
It is associated with persons or events important in regional, State or national history; or
It is a rare or particularly fine example of a certain architectural style or construction technique associated with a particular period of history; or
It is the work or an architect, engineer, or designer who has substantially influenced regional, State, or national trends or the development of the North County region; or
Owing to its unique location or singular physical characteristics, it represents an established feature of the neighborhood or City whose removal would adversely affect the appearance or spatial and design relationships of the area.
Category B: Structures, buildings, sites, or objects in this category must have one of the following characteristics:
It is associated with important persons, events, or eras in the City, regional, or State history;
Its original design, architecture, aspect or function of the resource is significant but has been altered, affecting its integrity;
It is a good (but not rare or particularly outstanding) example of certain style or construction technique, or of the work of a prominent architect, engineer, or designer.
Category C: Structures, buildings, sites, or objects in this category must have one of the following characteristics:
It is a good example of a period of architecture design or construction; however, the design is more commonplace and there are many similar structures, buildings, sites or objects in the City;
It is an important resource; however, substantial alterations have severely compromised its historic, cultural, or architectural significance.
Category D: Structures, buildings, sites, or objects in this category are:
Built prior to 1940, and clearly not significant in terms of architectural style, appearance, design, construction, or association with important persons or events in City history.
B.
Change of Category. Further research on any building, structure, site, or object may yield information on their roles in history. This information may warrant their inclusion in a different category. Applications to change the categorization of an identified resource or to add a resource to the survey shall be submitted to the City Development Services Department. The application should contain information which provides justification for adding a historic/cultural resource to the survey or changing its category designation.
(Ord. 296 § 1, 1989; Ord. 518, 1999)
§ 17.45.040 Designation of historic landmark.
Historic landmarks shall be established in the following manner:
A.
Any person or group may request the designation of an A or B category, historic/cultural resource for designation as a historic landmark by submitting a written request to the Development Services Department.
B.
Any such request shall be filed with the Planning Services Department upon a prescribed application and shall include the following data:
1.
The name and address of the property owner and assessor’s parcel number and address of the site;
2.
A description of the proposed site including special aesthetic, cultural, architectural, or engineering interest or value of a historic nature, information about the architecture, notable features, construction, age, and other information demonstrating that the site meets the historic designation criteria established by PMC § 17.45.050;
3.
Sketches, photographs or drawings;
4.
A statement of the condition of the site or structures;
5.
An explanation of any known threats to the site or structures;
6.
Information to allow the Development Services Department to make the findings required by PMC § 17.45.050;
7.
Additional information, including at least a site plan in appropriate scale, a legal description of the property, photographs, proposed uses, existing zoning, past, and present occupants, and a chain of title;
8.
Evidence that the property owner has consented to designating the historic/cultural resource as an historic landmark.
C.
After a request for designation and subsections (B)(1) through (8) of this section have been submitted, a notice of the request for designation as a historic landmark shall be forwarded to the Building Department and no building or demolition permits for any alteration to any improvement, fixture, or facade of the proposed site shall be issued while the matter is pending final decision.
D.
The Development Services Department shall hold a hearing and review the application according to the criteria of PMC § 17.45.050. Notice of the hearing shall be given by publication, at least once no later than 10 days prior to the date of the hearing in a newspaper of general circulation. In addition, notice of the date, place, time and purpose of the hearing shall be mailed to the owner of the proposed historic landmark at least 10 days prior to the date of hearing.
E.
Once a property has been designated as an historic landmark, the Director of Development Services shall cause a covenant regarding real property to be recorded against the title of the property indicating that it has been so designated.
(Ord. 296 § 1, 1989; Ord. 518, 1999)
§ 17.45.050 Criteria for designation as a Poway historic landmark.
A.
Following adoption of a survey of historic/cultural resources, the Development Services Department must act upon an application and may designate historic landmarks by finding that a historic/cultural resource is of local, regional, State, or national significance, and is designated as a category A or B historic/cultural resource. In addition, the Development Services Department shall find that the historic/cultural resource meets one of the following criteria:
1.
Its location is the site of a historic event having major significance to the City, State or United States;
2.
Its identification with a person or persons who have made a significant social, cultural or scientific contribution to the City, region, State or the United States;
3.
Its quality as one of the finest examples in the City of the work of an architect of major importance;
4.
Its identification as the work of a person or persons whose work has exerted a major influence on the heritage of the City, region, State or the United States;
5.
Its exemplification of an extraordinary class of architectural design, detail, materials or craftsmanship;
6.
Its potential of yielding historic/cultural information of major importance;
7.
Its integrity as a natural feature that has made a major contribution to the community;
8.
Other attributes of the historic/cultural resource which are consistent with the Secretary of the Interior’s Standards.
B.
The findings shall be supported by substantial evidence presented to the Development Services Department.
(Ord. 296 § 1, 1989; Ord. 518, 1999)
§ 17.45.060 Historic district designation procedures.
The City Council may establish an historic district within the City following the criteria for designating historic landmarks. The specific details of any historic district shall be developed as the need arises, to preserve the integrity of historic/cultural resources within the district.
(Ord. 296 § 1, 1989)
§ 17.45.070 Certificate of historical significance required.
A.
No development (as defined in PMC § 17.45.020) of a historic landmark shall be permitted without a certificate of historical significance issued by the Director of Development Services.
B.
The Development Services Department Director shall approve any request for a certificate of historical significance for any project that meets the requirements of PMC § 17.45.080.
C.
If the Development Services Department Director denies a certificate of historical significance, the applicant shall be notified in writing of such denial. The notice shall set forth the findings supporting the denial.
D.
The Council may reverse the decision of the Development Services Department only upon finding that denial of the applicant’s request would impose extreme hardship as demonstrated by the applicant or upon finding that the Development Services Director has misapplied the criteria for granting a certificate of historical significance.
(Ord. 296 § 1, 1989; Ord. 518, 1999)
§ 17.45.080 Criteria for granting a certificate of historical significance.
A.
The City Manager shall determine which departments regularly issue permits that may potentially affect historic landmarks. Each designated department shall maintain a current record of designated historic landmarks. The departments shall require any application for development on designated historic landmark to be preceded by an application for a certificate of historic significance.
B.
If no development permit is required to pursue work on a designed historic landmark tenant, resident, property owner, or other responsible party shall apply for the certificate of historical significance directly.
C.
An application for certificate of historical significance shall be filed with the Development Services Department and shall contain the following materials and information:
1.
A clear statement of the proposed work;
2.
Plans describing the size, height, and appearance of the proposed work;
3.
A site plan showing all existing buildings, improvements, landscape features, and the proposed work;
4.
Evidence that any conditions of incentives utilized or to be utilized pursuant to PMC § 17.45.110 are being or will be followed;
5.
Evidence that the applicant has considered means of preserving the historic landmark.
(Ord. 296 § 1, 1989; Ord. 518, 1999)
§ 17.45.090 Demolition of historic landmarks.
A.
No demolition permit for any A or B historic/cultural resource or any historic landmark shall be issued until the provisions of this section have been followed.
B.
All applicants for a demolition permit shall provide the following information to the Director of Development Services:
1.
A description and location of the structure to be demolished;
2.
Whether the structure is designated as an A historic/cultural resource, a B historic/cultural resource, or an historic landmark;
3.
The reason for the demolition;
4.
If the structure is an historic landmark, evidence that any incentives granted during the landmark designation process are fully exhausted and do not benefit the structure to be demolished in any way;
5.
Evidence that the applicant has considered means of preserving the historic/cultural resource or historic landmark;
6.
An evaluation of alternatives to the demolition of the structure, evidence that those alternatives have been reviewed, and a statement as to why those alternatives are unacceptable.
C.
Not earlier than 45 days, not later than 50 days following the receipt of the above information, the Director of Development Services shall act upon the application for a demolition permit.
D.
If the Director of Development Services denies a demolition permit, the applicant shall be notified in writing of such denial. The notice shall set forth the findings supporting the denial. The findings shall be limited to a failure to submit the information required by subsection B of this section.
E.
The Council may reverse the decision of the Director of Development Services only upon finding that denial of the applicant’s request would impose extreme hardship as demonstrated by the applicant or upon finding that the Director of Development Services has misapplied the criteria for granting a demolition permit.
(Ord. 296 § 1, 1989; Ord. 518, 1999)
§ 17.45.100 Procedure for removing landmark designation.
Any time a historic/cultural resource has been designated an historic landmark by this chapter, the property owner may apply to the Director of Development Services for removal of the designation by showing that the property will not benefit any further from incentives granted pursuant to PMC § 17.45.110 during the landmark designation process.
(Ord. 296 § 1, 1989; Ord. 518, 1999)
§ 17.45.110 Incentives for preserving historic/ cultural resources.
In order to carry out the purposes of this chapter, the Development Services Department shall develop and recommend to the City Council a program of economic and other incentives to support the preservation, maintenance and appropriate rehabilitation of historic landmarks. These incentives may be granted at any time after an historic/cultural resource is designated as an historic landmark.
(Ord. 296 § 1, 1989; Ord. 518, 1999)
§ 17.45.120 Duty to keep in good repair.
A.
The owner, occupant, or other person legally responsible for a historic landmark, shall keep in good repair all portions of the historic landmark to prevent deterioration and decay. All repairs, alterations, reconstructions, restorations or changes in use including the demolition of existing improvements, shall conform to requirements established by this chapter, and all other applicable City codes.
B.
Whenever any development of the site occurs contrary to the provisions of this chapter, the Director of Development Services shall order the action stopped by notice in writing served on any person or persons engaged in such action and any such person shall stop such alteration until authorized by the Director to proceed.
C.
It is unlawful for any person to carry out any work on any building, structure or site when a stop work order has been issued.
D.
Any violation of the provisions of this chapter shall constitute a public nuisance.
(Ord. 296 § 1, 1989; Ord. 518, 1999)
§ 17.45.130 Appeals.
A.
Any person aggrieved by a decision of the Director of Development Services may appeal to the City Council by filing a written appeal with the City Clerk not more than 10 days following the decision. The appeal shall state the reasons why the decision is contested. An appeal fee shall be established by City Council resolution from time to time and shall be paid when the appeal is filed.
B.
Upon receiving an appeal, the City Council shall schedule a public hearing to consider the matter and uphold, notify or reverse the decision. Notice of the public hearing shall be mailed to the appellant and published once in a newspaper of general circulation at least 15 days before the hearing.
(Ord. 296 § 1, 1989; Ord. 518, 1999; Ord. 683 § 68, 2008)
