The city finds that it is of value and importance to the general welfare of the community to recognize and protect the historic and cultural resources of the city in order to safeguard the heritage of the city. It is the purpose of this chapter to:

A.

Identify, protect, enhance and perpetuate structures, buildings, landmarks, sites, places and objects within the city, which are of historic, archaeological, architectural and/or engineering significance to the community;

B.

Enhance the city's cultural and historical heritage and aesthetic character, thereby making the city a more attractive and desirable place in which to live and work;

C.

Foster civic and neighborhood pride in the city's historical accomplishments;

D.

Protect and enhance the city's attraction to visitors and tourists as well as to residents; and

E.

Establish special standards in order to help ensure the preservation, maintenance or rehabilitation of significant historic structures.

(Ord. 662, § 2, 2009)

As used in this chapter, the following definitions shall apply:

"Adobe" shall mean an unburnt, sun-dried, clay brick; or a building made of adobe bricks.

"Alteration" shall mean any exterior change or modification, through public or private action, of any designated historic resource which involves exterior changes to or modification of a structure, its surface texture, or its architectural details; relocation of structures onto, from or within a designated property or site; or other changes to the property or site affecting the significant historical or architectural features of a designated historic resource. For purposes of this chapter, "alteration" includes, but is not limited to, the kind, color and texture of building materials, architectural details, and the style and type of all windows, doors, lights, signs and other affixed fixtures.

"California Environmental Quality Act (CEQA)" shall mean the California Public Resources Code Section 21000 et seq. and its related guidelines as it may be amended from time to time.

"Demolition" means any act(s) that destroy in whole or in part, a building, structure or improvement.

"Good repair" shall mean to preserve against decay and deterioration to reduce the incidence of demolition by neglect.

"Historic district" shall mean any geographically-defined area or neighborhood which has a special character, historical interest, aesthetic value, or archaeological significance or which, collectively, represents one or more architectural periods or styles typical of the history of the city, and which constitutes a distinct section of the city that has been designated a historic district pursuant to this chapter.

"Historic resource" shall mean a building, structure, object, historic district (as defined herein), site, place, or cultural feature or other improvement designated as historically significant pursuant to the provisions of this chapter.

"Historic resource officer" shall mean an employee of the city responsible for promoting the preservation of historic resources and historic resource objectives of this chapter and serving as the liaison between the historic resources commission and public, city staff, and other historic preservation agencies. The community development director, or his or her designee, shall serve as the historic resource officer.

"Historic resource professional" shall mean any individual meeting the secretary of the interior's professional qualification standards, 36 CFR 61.4. For the purposes of this chapter, a historic preservation professional may include licensed architects, architectural historians, historians, archaeologists or historical engineers that have experience in working with history and cultural resources.

"Historical resource assessment report" shall mean a report prepared by a historic resource professional. The report shall include, but not be limited to, background information establishing the historic significance and value of a potential historic or cultural resource.

"Improvement" shall mean any building, structure, place, fence, gate, landscaping including trees, wall, work of art or other object constituting a physical feature of real property.

"Property owner" shall mean the person appearing as the owner of such improvement, natural feature, or site on the latest equalized assessment roll of the county of Monterey.

"Relocation" shall mean the removal of a historic resource from its original site to a new site.

"Soledad historic resources registry" shall mean the city-maintained official list of historic resources designated by the city for public recognition and benefits.

"Structure" as used in this chapter shall mean a building or any other man-made object affixed on or in the ground, or attached to something having location on the ground.

"Substantial deterioration" shall mean the physical conditions of a structure or improvement which threaten the structural or historical integrity of the resource.

(Ord. 662, § 2, 2009)

A.

The city planning commission shall serve as the historic resources commission for the purpose of implementing the provisions of this chapter.

B.

Meetings of the historic resources commission shall convene as needed on the same date of any regularly scheduled planning commission meeting.

(Ord. 662, § 2, 2009)

The historic resources commission shall have the following powers and duties under this chapter:

A.

Hear and render decisions on applications to designate historic resources within the city;

B.

Hear and render decisions on applications to alter historic resources;

C.

Hear and render decisions on applications to demolish potentially significant historic structures or buildings pursuant to Section 17.45.150 of this chapter;

D.

Hear and render recommendations to the city council on applications to demolish a historic resource;

E.

Serve as an advisory body to the city council on methods and incentives to preserve Historic Resources within the city;

F.

Maintain a local register of historic resources within the city;

G.

Recommend architectural design guidelines to the city council for the preservation of historic character, to be used in the review of applications for alteration of a designated historic resource;

H.

Investigate and report to the city council on the use of various federal, state, local, or private funding sources, incentives and other mechanisms available to promote historic preservation in the city;

I.

Review and comment on the decisions and documents prepared under the California Environmental Quality Act (CEQA) and other public agencies when such decisions or documents may affect any type of designated historical resource or potentially significant historical resource in the city; and

J.

Perform any other historic-related functions that may be designated by resolution or minute motion of the city council.

(Ord. 662, § 2, 2009)

Historic resources shall be designated and approved by the historic resources commission in the following manner:

A.

Request to Designate Historic Resource. The historic resources commission, on its own initiative, or by the directive of the city council, or by written request by the owner of the structure or improvement, or by any resident of the city, or by any person that owns property in the city, may initiate a request for a historic resource designation. An application for a proposed historic designation shall be filed with the community development department.

B.

Application and Supporting Material Required. The proposed designation shall be submitted on an application as prescribed by the community development director and shall be accompanied by adequate supporting historical and architectural information in order that the historic resources commission can render an informed determination concerning designation of a structure, improvement, district, site or place as a historic resource.

C.

Majority Consensus of Property Owners Required. An application for a historic district as a historic resource designation shall also include a written statement of support, with original signatures, demonstrating a majority consensus of fifty-one percent or more of affected property owners.

(Ord. 662, § 2, 2009)

Designation of a historic resource shall be based on supporting evidence and the following findings by the historic resources commission and shall officially be made part of the public record.

A.

Eligibility Criteria for Historic Resource Determination. In making a determination whether a structure, property feature, residential or commercial area or neighborhood shall be designated a historic resource, the historic resources commission shall find that the building, structure or improvement, or any combination thereof in a site, place, or district, is at least fifty years old and meets one or more of the following criteria:

1.

It possesses integrity of location, design, setting, materials, workmanship and association;

2.

It exemplifies or reflects special elements of the city's cultural, social, economic, civic, aesthetic, archaeological, architectural or engineering history;

3.

It is identified with persons or events significant in local, regional, state, or national history;

4.

It embodies distinctive characteristics of an architectural style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship;

5.

It is representative of the work of a notable builder, designer, or architect;

6.

It contributes to the significance of an historic area by being a geographically definable area, possessing a concentration of not less than fifty percent of historic or scenic properties or thematically-related grouping of properties which contribute to each other and are unified aesthetically by plan or physical development; or

7.

It is one of the few remaining examples in the region, state or nation possessing distinguishing characteristics of an architectural or historic type or specimen.

B.

Finding of Reasonable Use. The designation of a structure, place or improvement as a historic resource will not deprive the owner or owners of all reasonable use of his or her property.

C.

Disapproval. No proposal for designation once considered and disapproved by the historic resources commission shall be reconsidered except upon the affirmative vote of not less than a super-majority (quorum plus one) of commission members. Any decision to reconsider shall be treated as a new proposal for designation.

(Ord. 662, § 2, 2009)

A.

This section shall apply when either the city council or historic resources commission submits an application that proposes the designation of a historic resource owned by either a private individual or individuals or any entity other than the city.

B.

The community development director shall notify the property owner or owners of the pending historic resource designation. Notification shall be conducted in the following manner:

1.

Written notification to the property owner shall be made no later ten calendar days after an application has been deemed complete by the community development director; and

2.

Written notification to the property owner shall be delivered via certified U.S. Postal Service with a return receipt request.

(Ord. 662, § 2, 2009)

The historic resources commission shall schedule a public hearing on all proposed historic resource designations as specified under Section 17.45.050 of this chapter.

A.

A public hearing shall be held within ninety calendar days after the community development director deems an application complete. Public hearing noticing shall be provided in the following manner:

1.

At least thirty calendar days prior to the scheduled public hearing before the historic resources commission, written notice of the hearing shall be sent to the owner of the structure or property feature proposed as a historic resource or the owners of buildings, structures and properties within a proposed historic resource. Written notice shall be provided via certified U.S. Postal Service with a request return receipt;

2.

At least ten calendar days prior to the historic resources commission's scheduled public hearing, a notice of the hearing shall be published in a local newspaper;

3.

At least ten calendar days prior to the scheduled public hearing, notices of the public hearing shall be posted in at least three highly visible locations near the structure, property feature, or residential or commercial area proposed as a historic resource; and

4.

At least ten calendar days prior to the scheduled public hearing, notice of date, place time and purpose of said hearing shall be provided by first class mail to property owners within three hundred feet of the property proposed for designation as a historic resource and to any person who has filed a written request for notice with the city clerk or designee.

B.

Failure of property owners to receive notice of such public hearing shall in no way affect the validity of any action taken.

(Ord. 662, § 2, 2009)

The historic resources commission shall notify the property owner or property owners following approval by the historic resources commission of an application to designate a structure, property landmark or neighborhood or commercial area as a historic resource. Notification shall be conducted in the following manner:

A.

The community development director or designee shall notify the property owner(s) in writing that the structure, property landmark, neighborhood or commercial area is designated a historic resource;

B.

The notification shall clearly state the type of historic resource, address, parcel number and photographs of the designation approved and the property's owner right to appeal as specified under Section 17.45.160 of this chapter;

C.

The community development director or designee shall mail no later than ten calendar days from the historic resources commission approval written notice via certified U.S. Postal Service and request a return receipt; and

D.

Failure of any property owner to receive notice shall in no way affect the validity of any action taken.

(Ord. 662, § 2, 2009)

A.

Adopted resolutions designating historic resources shall collectively be identified and included in the city registry of historic resources.

B.

The community development director shall be the official custodian of the city registry of historic resources and maintain a copy for public display and review.

C.

Absent an appeal of a designated historic resource pursuant to Section 17.45.160, "Appeal process," the designated historic resource shall be entered into the city registry of historic resources.

D.

Any amendment, additions, or deletions to the city registry of historic resources shall be made by the community development director following actions pursuant to this chapter to designate, relocate or demolish a historic resource.

(Ord. 662, § 2, 2009)

A.

Approval Required. Any proposed alteration or relocation of a historic resource or any building, structure or improvement within a historic district designated as a historic resource, shall be subject to review and approval by the historic resources commission except as otherwise provided by this section. All alterations shall be consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving Rehabilitating, Restoring, and Reconstructing Historic Buildings, or the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitation Historic Buildings.

B.

Findings Required. A determination by the historic resources commission to either allow the alteration or relocation of a historic resource shall be based upon one or more of the following findings:

1.

The exterior alterations are being made primarily for the purpose of restoring the historic resource to its original appearance or in order to substantially aid in the preservation or enhancement of the historic resource consistent with the purposes as set forth in this chapter;

2.

The exterior alteration is consistent with the architectural character of the historic resource and with the historical, architectural, or aesthetic value of the structure and its site;

3.

With respect to any structure or property located within a historic district, the proposed work is consistent with the historical, architectural and aesthetic character of the district and conforms with any standards for said district as may be adopted by the commission;

4.

The applicant has demonstrated that the proposed alteration is necessary to correct an unsafe or dangerous condition on the property pursuant to Section 17.45.180 of this chapter;

5.

The applicant has adequately demonstrated that denial of the application will result in immediate and substantial economic hardship that denies the applicant the ability to make reasonable beneficial use of the property, or the ability to obtain a reasonable economic return from the property; or

6.

With respect to a proposed relocation, the relocation of the historic resource will substantially aid its long-term preservation or enhancement.

C.

Administrative Approvals. The community development director or designee may review and approve minor exterior alterations. Minor exterior alterations are those alterations which will obviously not affect either the exterior architectural characteristics or the historical integrity of the historic structure, its site or surroundings. The director shall determine, based on the merits of the proposal, whether an alteration or relocation shall be administratively approved or scheduled for consideration and action by the historic resources commission.

(Ord. 662, § 2, 2009)

A.

Prevention of Deterioration and Decay of Historical Resource. The owner or other person or entity acting as agent of the owner of a historic resource, or of an improvement, building, or structure in an historic district designated a historic resource, shall keep in good repair all of the exterior portions or elements of such improvement, building or structure, and all interior portions, the maintenance or repair of which is necessary to prevent deterioration and decay of any exterior architectural feature. Such building elements include but are not limited to: Features so attached that they may fall and injure members of the public or property; deteriorated or inadequate foundation; deteriorated or inadequate flooring; members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration; members of ceilings, roofs, ceiling or roof supports, or other horizontal members that sag, split, or buckle due to defective materials or deterioration; fireplaces or chimneys that list, bulge, or settle due to defective material or deterioration; deteriorated, crumbling or loose exterior plaster; deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows and doors; defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other protective covering; inadequate electrical or plumbing systems; any fault, defect, or deterioration in the building that renders it structurally unsafe or not properly watertight, and/or damage from vandalism.

B.

Enforcement by Building Official. It shall be the duty of the city building official to enforce this section to prevent the "substantial deterioration" of any exterior portion of such a historic structure, building or improvement and to also prevent the substantial deterioration of any interior portions thereof which are essential to the integrity and preservation of any exterior portion.

(Ord. 662, § 2, 2009)

A.

State Historic Building Code. The State Historic Building Code (Part 8, Title 24, C.C.R.) may be applied to all buildings and structures designated as historic resources at the discretion of the building official.

B.

Other Incentives. The historic resources commission shall investigate developing an incentive program to encourage historic preservation, investment in historic properties, and to aid property owners with potential financial burdens associated therewith. Upon recommendation by the historic resources commission and approval by the city council, program elements shall be made available to property owners who preserve designated historic resources and, in the case of direct city expenditures, the program shall ensure that the cost of incentives is a reasonable use of public funds. Incentives such as those found in the Federal Historic Preservation Tax Certification, Conservation Easements, the California Mills Act and others as deemed appropriate may be considered for adoption or application by the city.

(Ord. 662, § 2, 2009)

A.

Any person proposing to demolish a building or structure designated as a historic resource or a building or structure located in an historic district designated as a historic resource, shall file an application for a demolition permit in accordance with the provisions of Chapter 15.08 of this code along with a photograph of the structure and other information as may be required by the community development director or designee.

B.

Except where a historic structure is considered unsafe and dangerous pursuant to Section 17.45.170 of this chapter, no demolition permit shall be issued without the concurrent or tandem issuance of a building permit for a replacement structure or structures for the property in question.

C.

If not already completed and on file with the city, the preparation of an historical resource assessment report shall be required prior to scheduling a public hearing on a demolition application.

D.

Following receipt of a completed application to demolish a historic resource or any building, structure or improvement within a historic district designated as a historic resource, the application shall be forwarded to the historic resources commission for consideration and a recommendation to the city council. The commission shall conduct a public hearing in accordance with the provisions of Section 17.45.080 of this chapter and recommend city council approval or denial of said application based upon public testimony, historical resource evidence and other pertinent information in the public record.

E.

Recommended approval or approval of a demolition permit for a historic resource or a structure located therein shall be based upon the following findings:

1.

That the historic resource no longer has significant aesthetic, cultural, architectural, or engineering interest or value of an historical nature and, therefore, demolition is consistent with the purposes of this chapter;

2.

That the applicant has demonstrated that the proposed demolition is necessary to correct an unsafe or dangerous condition on the property pursuant to Section 17.45.180 of this chapter; or

3.

That the applicant has demonstrated that denial of the demolition permit application will result in immediate and substantial economic hardship to the owner of said structure, building and/or property, or that there are no reasonable alternatives to the demolition as of the time of the hearing. In determining whether or not extreme hardship exists, the commission shall consider evidence which demonstrates the following:

a.

Denial of the demolition application will diminish the value of the subject property so as to leave little or no value for its intended use;

b.

Sale or rental of the property at a reasonable rate of return is not feasible or is impractical; and/or

c.

Utilization of the property for lawful purposes is prohibited or impractical.

F.

The resolution adopted by the historic resources commission memorializing the commission's action concerning the demolition permit shall be forwarded to the city council.

G.

The city council shall hold a public hearing in accordance with the provisions of Section 17.45.080 of this chapter at a regularly scheduled meeting to consider the demolition of a historic resource.

H.

Except as otherwise provided herein, the city council either shall either approve or deny the demolition permit subject to the findings of this section.

I.

The city council may also continue the public hearing for a demolition permit for up to one hundred twenty calendar days to consider the feasibility of relocation of the historical structure. During this waiting period, the applicant shall advertise the proposed demolition in a paper of general circulation in the county of Monterey at least two times during the first thirty calendar days following the public hearing before the city council. Such advertisement shall include the structure address and information concerning relocation arrangements. Evidence of this publication must be submitted to the community development director at least ten calendar days prior to the continued public hearing.

J.

The city council's determination shall be final.

(Ord. 662, § 2, 2009)

A.

Applications for the demolition of a potentially significant historic building or structure that is fifty years of age or older shall require completion of a historical resource assessment report at the owner or applicant's expense.

B.

If the historical resource assessment report concludes that the building or structure does not qualify as a historical resource under this chapter, the demolition permit application may be approved by the building official.

C.

If the historical assessment report concludes that the building or structure does qualify as a historical resource under the provisions of this chapter, review and approval of the application by the historical resources commission is required pursuant to Section 17.38.130 of this title.

D.

Following receipt of a complete application to demolish such a structure or building, a public hearing before the historical resources commission shall be scheduled for consideration and action on the application in accordance with the public hearing provisions of Section 17.45.080 of this chapter.

E.

A decision to approve a demolition permit shall be based upon the following findings:

1.

That the applicant has demonstrated that the proposed demolition is necessary to correct an unsafe or dangerous condition on the property pursuant to Section 17.45.180 of this chapter;

2.

That the applicant has demonstrated that denial of the demolition permit application will result in immediate and substantial economic hardship to the owner of said structure, building and/or property, or there are no reasonable alternatives to the demolition as of the time of the hearing; or

3.

That the economic benefits of demolition outweigh the loss of a potential historic resource to the community; and

a.

That neither repairs nor stabilization of the structure are feasible; and

b.

That the replacement building(s) or structure(s) will enhance the character of the neighborhood in which it is located; or

F.

In determining whether or not extreme economic hardship exists, the commission shall consider evidence which demonstrates the following:

1.

Denial of the demolition application will diminish the value of the subject property so as to leave little or no value for its intended use;

2.

Sale or rental of the property at a reasonable rate of return is not feasible or is impractical; and/or

3.

Utilization of the property for lawful purposes is prohibited or impractical.

(Ord. 662, § 2, 2009)

Any decision by the historic resources commission concerning designation of a historic resource or historic district, or a proposed alteration of a historical resource pursuant to Section 17.45. 110 of this chapter, or a proposed demolition of a potentially significant historic building or structure, pursuant to Section 17.45.150 of this chapter, may be appealed in writing to the city council.

A.

Except as otherwise provided in this section, any property owner may appeal in writing the decision of the historic resources commission to the city council.

B.

The appealing party shall have the burden of proof to provide evidence for overturning the determination made by the historic resources commission.

C.

The appealing party shall have thirty calendar days from the date of receipt to initiate an appeal.

D.

Failure of any property owner to receive notice shall in no way affect the validity of any action taken.

E.

If no appeal is filed with the city clerk within thirty calendar days following the decision of the historic resources commission, such decision shall be final.

F.

Following receipt of a written appeal, a public hearing before the city council shall be scheduled and conducted within thirty calendar days of receipt of notice of appeal in accordance pursuant to this section.

(Ord. 662, § 2, 2009)

Once so designated as a historic resource pursuant to this chapter, revocation of a historic resource designation shall be undertaken as follows:

A.

A property owner may submit a written request to the community development director for the revocation of historic resource designation on his/her property stating the reasons for such request.

B.

The historic resources commission shall receive the written request at its next regularly scheduled meeting and schedule a public hearing pursuant to the provisions of Section 17.45.080 of this chapter.

C.

The historic resources commission shall consider testimony presented by the property owner or owners and the public and make a recommendation to the city council to approve or deny the requested revocation.

D.

The city council shall hold a public hearing at a regularly scheduled meeting to consider the revocation request and recommendation of the historic resources commission.

E.

Revocation of a historic resource designation shall be based on one or more of the following findings:

1.

That the historic resource no longer has significant aesthetic, architectural, or engineering value of an historic or cultural nature; and

2.

That the revocation of a historic resource designation is consistent with the stated purpose of this chapter.

(Ord. 662, § 2, 2009)

None of the provisions of this chapter shall be construed to prevent any measure of construction, alteration, removal, or demolition necessary to correct the unsafe or dangerous condition of any structure or other feature, or part thereof, where such condition has been declared unsafe or dangerous by the building official and where the proposed measures have been declared necessary, by the building official, to correct the condition; provided, however, only such work as is absolutely necessary to correct the unsafe or dangerous condition may be performed pursuant to this section. In the event any structure or other feature shall be damaged by fire, or other calamity, or by act of God to such an extent that, in the opinion of the building official, it cannot reasonably be repaired and restored, it may be removed in conformity with normal permit procedures and applicable laws.

(Ord. 662, § 2, 2009)

If any action under this chapter is subject to the provisions of the California Environmental Quality Act (Pub. Res. Code sections 21000 et seq.), the time in which such action must be taken shall be extended in order to comply with the provisions of said Act.

(Ord. 662, § 2, 2009)

A.

General. It shall be the duty of community development director, or the community development director's delegate, to administer and enforce the provisions of this chapter.

B.

Violation. It is unlawful for a person or entity to alter or demolish or cause to be altered or demolished any historic resource or portion thereof in violation of any provisions of this chapter.

C.

Civil and Criminal Penalties. It shall be unlawful for any person to permit or maintain violations of the provisions of this chapter by undertaking the alteration, grading, removal, demolition, or partial demolition of an historic resource without first obtaining the written approval of the community development director, the historic resources commission, planning commission or city council as provided in this chapter, or to defy any order or decision rendered by the community development director, the historic resources commission, planning commission or city council.

1.

Any violations of this chapter shall be enforced as provided by Chapter 1.04 of this code.

2.

Notwithstanding the aforesaid, any person or entity who demolishes a historic resource in violation of the provisions of the chapter, shall be liable civilly for payment of a sum equal to the replacement value of the building or structure in kind, or up to an amount set at the discretion of the court.

3.

As part of the enforcement proceeding, violators may be required to reasonably restore the building, structure, object or site to its appearance or condition prior to the violation, under the guidance of the historic resources commission and/or direction of the building official.

D.

Injunctive Relief. The city attorney may maintain an action for injunctive relief to restrain a violation or correct a violation, or cause, where possible, the complete or partial restoration, reconstruction, or replacement in kind of any historic resource demolished, altered or partially demolished, or allowed to fall below minimum maintenance standards in violation of this chapter.

E.

New Construction. A lot which is the site of alteration or demolition of an historic resource in violation of this chapter shall not be developed in excess of the dwelling unit density and/or building footprint, of the altered or demolished building or structure for a period of five years from the unlawful alteration or demolition. A person or entity may be relieved of the penalties provided in this section if, as to an unlawful alteration, the person or entity restores the original distinguishing qualities and character of the building or structure destroyed or altered. Such restoration must be undertaken pursuant to a valid building permit issued after a recommendation by the historic resources commission, and a finding by the city council that the proposed work will effect adequate restoration and can be done with a substantial degree of success.

F.

Remedies Not Exclusive. The remedies in subsections B through E of this section are not mutually exclusive.

(Ord. 662, § 2, 2009)