Tulare City Zoning Code

   (A)   The purpose of this chapter is to continue to preserve, promote, and enhance the historic cultural landmarks and designated historic districts of the city for the educational, cultural, economic, and general welfare of the public; to continue to protect and review changes to these landmarks and districts which have a distinctive character or a special historic, architectural, aesthetic or cultural value to this city, state, and nation; to continue to safeguard the heritage of this city by preserving and regulating its historic buildings, structures, objects, sites, and districts which reflect elements of the city’s historic, cultural, social, economic, political and architectural history; to continue to preserve and enhance the environmental quality and safety of these landmarks and districts; to continue to establish, stabilize and improve property values and to foster economic development.

   (B)   The Council finds that the city has played an important role in the development of the San Joaquin Valley of California and that this history is evidenced today through its historic buildings, structures, objects, and districts representing the commercial, industrial, social, economic, political and architectural development of the city. The Council finds that the distinctive and significant character of the city can best be maintained by protecting and enhancing its historic, architectural, aesthetic, and cultural heritage and by preventing unnecessary injury or destruction of its historic cultural landmarks and districts which are important community assets.

   (C)   The Council finds that this chapter benefits all of the residents of the city and all owners of the property and declares as a matter of public policy that the preservation, protection, and use of historic cultural landmarks and districts are a public necessity because of their character and their value as visible reminders of the history and heritage of this city and state. The Council declares as a matter of public policy that this chapter is required in the interest of the health, prosperity, safety, welfare, and economic well-being of the people. The designation and preservation of historic cultural landmarks and districts and the regulation of alterations, additions, repairs, signs, removal, demolition, or new construction to ensure the perpetuation of their historic character is hereby designated to be a public purpose.

(Ord. 2025-10, passed 8-19-2025; Ord. 2025-01, passed 1-7-2025)

   Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter, and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions, and provisions contained in Chapter 10.98 shall also govern the construction, meaning, and application of words and phrases used in this chapter. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

(Ord. 2025-10, passed 8-19-2025; Ord. 2025-01, passed 1-7-2025)

   (A)   In regard to this chapter, the primary duties of the Planning Commission shall be:

      (1)   The identification, designation, and preservation of historic cultural landmarks and historic districts owned by the city or located within the city limits; and

      (2)   The regulation of exterior alterations visible from a public right-of-way, including demolition, relocation, new construction, and interior alterations, which would affect the significance of historic cultural landmarks or historic districts.

   (B)   The Commission shall have the following additional duties and powers:

      (1)   Conduct studies and evaluations of applications requesting the designation of historic districts and make determinations and recommendations as appropriate for consideration of such applications in order to effectuate the purposes of this chapter;

      (2)   Adopt specific guidelines for the designation of historic cultural landmarks, historic districts, and heritage properties as it deems necessary to effectuate the purposes of this chapter;

      (3)   Maintain a current listing and description of designated historic cultural landmarks and historic districts and transmit copies and updates of such listings to all appropriate city agencies and departments as determined by the Secretary to the Commission;

      (4)   Develop and recommend the adoption of a historic preservation element for the general plan of the city;

      (5)   Participate in environmental review procedures called for under this chapter or under the California Environmental Quality Act (CEQA) or under the National Environmental Protection Act (NEPA) by providing review and comments on permit actions affecting designated historic cultural landmarks and historic districts as the Commission deems appropriate;

      (6)   Review and comment upon the conduct of land use, housing, redevelopment, municipal improvement, and other types of planning and programs undertaken by any agency or department of the city, county, or state as they relate to designated historic cultural landmarks and historic districts as the Commission deems appropriate;

      (7)   Establish criteria and conduct or cause to be conducted historic cultural landmark surveys of properties within the city limits in accordance with State survey standards and procedures; submit completed surveys to the Council for official adoption; and submit adopted surveys to the Office of Historic Preservation for integration into the historic property data file for Tulare County maintained by that office;

      (8)   Recommend internal procedures to facilitate the use of such adopted historic cultural landmark surveys in planning and development processes by all relevant city agencies and departments;

      (9)   Publicize, maintain, and periodically update such historic cultural landmark surveys in accordance with state survey standards and procedures;

      (10)   Adopt procedural rules for the systematic review of such historic cultural landmark surveys to determine if designation proceedings should be initiated on appropriate sites.

      (11)   Provide for the removal of sites not found qualified for designation from the survey and from the Historic Property Data File for the City of Tulare maintained by the State Office of Historic Preservation if included therein;

      (12)   Review and make recommendations on nominations for inclusion in the California Register of Historical Resources;

      (13)   Review and make recommendations on any applications to participate in local historic preservation incentive programs established in order to effectuate the purposes of this chapter;

      (14)   Adopt, promulgate, amend, and rescind, from time to time, such rules, guidelines, and regulations as the Commission may deem necessary to effectuate the purposes of this chapter;

      (15)   Provide a suitable sign, plaque, or other marker at public or private expense on or near the historic cultural landmark or district (LHD or NRD), indicating that the landmark or district (LHD or NRD) has been so designated. The sign, plaque, or other marker shall contain information and data deemed appropriate by the Commission, and its placement shall be at the discretion of the owner;

      (16)   Keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determinations, and decisions as a matter of public record;

      (17)   Render advice and guidance, upon the request of a property owner or tenant, on the financial and physical aspects of the restoration, alteration,

rehabilitation, landscaping, or maintenance of any historic cultural landmark or any contributor to any historic district (LHD or NRD);

      (18)   Investigate and report to the Council on the use of various federal, state, local, or private funding sources and mechanisms available to promote historic cultural landmark preservation in the city; and

      (19)   Participate in, promote, and conduct public information, educational, and interpretive programs pertaining to historic cultural landmarks and provide for public participation in all aspects of the city’s historic preservation programs.

(Ord. 2025-10, passed 8-19-2025; Ord. 2025-01, passed 1-7-2025)

      (1)   It has been in existence for more than 50 years, and it possesses integrity of location, design, setting, materials, workmanship, feeling, and association, and:

         (a)   It is associated with events that have made a significant contribution to the broad patterns of our history;

         (b)   It is associated with the lives of persons significant in our past;

         (c)   It embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values; and

         (d)   It has yielded or may be likely to yield, information important in prehistory or history.

      (2)   It has been in existence less than 50 years; it meets the criteria of division (A)(1) above and is of exceptional importance within the appropriate historical context, local, state, or national.

   (B)   Local historic districts. Any finite group of historic cultural landmarks (buildings, structures, objects, or sites) may be designated as a local historic district if it meets the definition set forth in § 10.38.020, its designation is consented to by the majority of the property owners within the local historic district, at least 50% of the historic cultural landmarks within the proposed local historic district are 50 years of age or older, and it is found by the Commission and Council to meet one or more of the following criteria:

      (1)   It exemplifies or reflects special elements of the city’s cultural, social, economic, political, aesthetic, engineering, or architectural heritage;

      (2)   It is identified with a person or group that contributed significantly to the culture and development of the city;

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

      (4)   Structures within the area exemplify a particular architectural style or way of life important to the city;

      (5)   The area is related to a designated historic cultural landmark or district in such a way that its preservation is essential to the integrity of the designated landmark or local historic district; or

      (6)   The area has the potential to yield information of archaeological interest.

(Ord. 2025-10, passed 8-19-2025; Ord. 2025-01, passed 1-7-2025)

   (A)   Buildings, structures, objects, sites, and districts may be considered for designation as historic cultural landmarks, local historic districts, or National Register historic district under this chapter as set forth in §§ 10.38.060, 10.38.070, and 10.38.080.

   (B)   Historic cultural landmarks and districts shall be adopted by ordinance pursuant to Chapter 10.86, Zoning Ordinance Amendments. In the case of historic cultural landmarks, the landmark shall be designated on the Official Zoning Map with the base zone district followed by the Historic Site and Historic Neighborhood Overlay zone notation (H). For example, a single-family property that is designated a historic cultural landmark shall have the notation R-1-6(H).

   (C)   In the case of the historic districts, the boundaries of the district will be adopted by ordinance but will not be designated with the “H” overlay. In the historic district, all historic cultural landmarks, and contributing landmarks shall be subject to the historic district permit review process.

(Ord. 2025-10, passed 8-19-2025; Ord. 2025-01, passed 1-7-2025)

      (1)   The assessor’s parcel number for the property containing the building, structure, object, or site proposed for designation, along with the name and address of the current owner(s) of record and a copy of the deed granting title to the owner(s);

      (2)   Whether the proposed historic cultural landmark takes the form of a building, structure, object, or site, as defined in this chapter;

      (3)   A description of the specific building, structure, object, or site proposed for designation, including, but not limited to, its dates of construction, significant alterations, and architectural style;

      (4)   The manner in which the proposed building, structure, object, or site meets the criteria for designation contained in § 10.38.040;

      (5)   Current photographs of all aspects of the proposed historic cultural landmark, supplemented by sketches, drawings, or other descriptive materials;

      (6)   A description of the physical condition and appearance of the proposed historic cultural landmark;

      (7)   If the designation proposal is not being submitted by the owner, a statement acknowledging whether the owner has consented to submission of the proposal is in opposition to the submission or has declined to state a position on the issue; however, this language shall not be interpreted as requiring owner consent to the designation of an individual historic cultural landmark under this section; and

      (8)   Completed California Department of Parks and Recreation Primary Record and Building, Structure, and Object #523 forms, or a similar form providing the same information, for the proposed historic cultural landmark.

      (1)   The application and supporting information shall be reviewed by the Department for adequacy and completeness under the requirements of this section. A hearing on the application will be scheduled when the Department determines that the application is complete.

      (2)   Notice of the time, place, and purpose of such hearing will be mailed to the owner of the property proposed for designation at the address shown on the latest assessment roll and published once in a local newspaper of general circulation not less than ten days prior to the date of the hearing. The Secretary may also give such additional notices as he or she deems desirable and practicable.

      (3)   The property owner and/or any authorized representative shall be prohibited from undertaking any alteration, construction, grading, demolition, or removal of such property, and no permit to undertake such work shall be issued by the city for 90 days from the date the Department mails the notice of hearing to determine historic cultural landmark designation to the property owner and/or any authorized representative. If no final action has been taken as to the historic cultural landmark designation within the 90-day period, said restrictions shall be removed unless the Commission, with the consent of the property owner and/or any authorized representative, elects to continue its consideration of the property for historic cultural landmark designation. If the Commission, with the consent of the owner and/or any authorized representative, makes such an election, said restrictions shall remain against the property until final action and the Department shall notify the appropriate city officials of said restrictions. Nothing in this provision shall be construed as a prohibition or infringement on the legal use of a property pending consideration by the Commission.

      (4)   The provisions of this section shall not apply to the construction, grading, alteration, demolition, or removal of any structure or other feature, where a permit for the performance of such work was issued prior to the date of notice of hearing to consider the designation of the historic cultural landmark, and where such permit has not expired or been canceled or revoked, provided that construction is started and diligently pursued to completion in accordance with the building code.

      (5)   Prior to the Commission’s hearing on the designation of the property, upon application by the property owner and/or any authorized representative, the Secretary may approve a permit for alterations, construction, or reconstruction consistent with the ordinary maintenance and repair of the property, to the extent that such work does not adversely affect the exterior architectural features of the property.

      (1)   The Commission shall review all materials prepared and submitted and vote on the designation recommendation.

      (2)   At the conclusion of the hearing, the Commission shall make a recommendation to the City Council for approval, disapproval, or modification of the historic designation and make findings in support of that recommendation; or the Commission may continue the hearing.

      (3)   An affirmative roll call vote of a majority of the Commission is required for a recommendation to the City Council.

      (4)   Within 45 days of the final Commission action, the Secretary shall send a copy of the recommendation, findings, and all submitted materials to the City Clerk. The City Clerk shall place the Commission’s recommendation for Council consideration on the agenda of the Council. The owner of the property shall thereafter be given notice of the time and place of the Council hearing at least ten days prior to the hearing date.

(Ord. 2025-10, passed 8-19-2025; Ord. 2025-01, passed 1-7-2025)

      (1)   The initial application shall be filed with the Secretary using the form(s) approved by the Secretary and shall include the following information:

         (a)   Proposed district boundaries; and

         (b)   A statement of how the proposed local historic district meets the designation criteria of § 10.38.040.

      (2)   The initial application shall be the subject of a staff report and will be scheduled for a determination by the Commission as to whether the initial application should proceed to a formal application. If the Commission so recommends, a formal application shall be developed and submitted for Commission consideration at a future meeting. If the Commission does not so recommend, no further action shall be taken with respect to the proposed local historic district.

      (1)   A clearly defined and explained boundary for the proposed district is shown on an assessor’s map or maps;

      (2)   A concise description of the general physical or historical elements (buildings, structures, objects, and sites) and qualities that make this area a local historic district with a description of building types, architectural styles, and periods represented in the proposed district;

      (3)   A concise statement that clearly documents why the proposed district has significance (areas of significance that reflect the proposed district’s historic importance), the period of time for which it is significant, why it substantially meets local historic district criteria for listing as set forth in § 10.38.040(B) and, if applicable, why it substantially meets National Register historic district criteria for listing as set forth in § 10.38.040(C);

      (4)   A definition of what types of buildings contribute and do not contribute to the significance of the proposed local historic district as well as an estimate of the percentage of buildings within the proposed district that do not contribute to its significance;

      (5)   A map illustrating all buildings in the proposed district with an identification of contributing and non-contributing historic cultural landmarks;

      (6)   Photographs of streetscapes in the proposed district and the contributing and non-contributing historic cultural landmarks;

      (7)   Completed Department of Parks and Recreation #523 forms for each building, structure, object, or site within the proposed local historic district, which also identify the potential contributors and non-contributors to the district;

      (8)   Whether the application is seeking the designation of a National Register historic district or only the designation of a local historic district; and

      (9)   The signed property owners’ consent form, which shall clearly indicate the name, district property address, district property parcel number, and mailing address of each consenting property owner.

      (1)   The formal application and all supporting information shall be reviewed by the Secretary for adequacy and completeness under the requirements of this section. The Commission shall be responsible for determining whether the formal application has been consented to by a majority of the property owners within the proposed district as required by this chapter. A hearing on the application will be scheduled by the Secretary after it has been determined that the application is adequate and complete.

      (2)   A hearing notice shall be mailed to the owners of all properties within the proposal district at the addresses shown on the latest assessment roll and published once in a local newspaper of general circulation not less than ten days prior to the date of the hearing. The Secretary may also give such additional notices as he or she deems desirable and practicable.

      (3)   No permit shall be issued by the city for the undertaking of any alteration, construction, grading, demolition, or removal of any property within a proposed historic district, and all property owners and/or their representatives shall be prohibited from undertaking any such work for 90 days from the date the Commission Secretary mails the initial notice of hearing to determine local historic district designation to the property owners and/or their authorized representatives. If no final action has been taken as to the proposed local historic district designation within the 90-day period, said restrictions shall be removed, unless the Commission, with the consent of the property owners and/or their authorized representatives, elects to continue its consideration of the local historic district designation. If the Commission, with the consent of the property owners and/or their authorized representatives, makes such an election, said restrictions shall remain against the properties in the proposed local historic district until final action. Nothing in this provision shall be construed as a prohibition or infringement on the legal use of properties within the proposed historic district pending consideration by the Commission.

      (4)   The provisions of this section shall not apply to the construction, grading, alteration, demolition, or removal of any structure or other feature, where a permit for the performance of such work was issued prior to the date of notice of hearing to consider the designation of the local historic district, and where such permit has not expired or been canceled or revoked, provided that construction is started and diligently pursued to completion in accordance with the building code.

      (1)   The Commission shall review all materials prepared and submitted and may vote on the designation recommendation.

      (2)   Any property owner or his or her representative may make a presentation to the Commission on the issue of whether his or her property should be considered as a contributor or non-contributor to the proposed district and on the issue of whether or not the district should be formed.

      (3)   At the conclusion of the hearing, the Commission shall recommend to the Council approval, disapproval, or modification of the proposal for local historic district designation; make findings in support of that recommendation; make findings on issues or concerns raised by any individual property owner; identify any property owner objecting to the inclusion of their property within the district; or the Commission may continue the hearing.

      (4)   An affirmative roll call vote of a majority of the Commission is required for a recommendation to the Council.

      (5)   Within 45 days of the final Commission action, the Secretary shall send a copy of the recommendation, findings, and all submitted materials to the City Clerk. The City Clerk shall place the Commission’s recommendation for Council consideration on the agenda of the Council. The owners and/or authorized representatives of all of the properties within the proposed local historic district boundaries shall thereafter be given notice of the time and place of the Council hearing at least ten days prior to the hearing date.

      (1)   A statement of significance that includes a description of contributing historic cultural landmarks and significant elements;

      (2)   The goals and objectives of the proposed district;

      (3)   The means by which preservation objectives will be enforced:

         (a)   A proposed Design Review Committee with all conditions for formation, membership, and operations specified.

         (b)   The Planning Commission serving as the Design Review Committee for the local historic district.

         (c)   An Architectural Plan Design Review Committee with all conditions for formation, membership, and operations specified.

      (4)   Identification of the standards and guidelines that will be applied to design review within the district;

      (5)   The activities regulated by the Preservation/District Plan that shall exclude activities determined exempt under this chapter; and

      (6)   The provision of an annual report to the Commission on compliance with and implementation of the Preservation/District Plan.

(Ord. 2025-10, passed 8-19-2025; Ord. 2025-01, passed 1-7-2025)

      (1)   An application and all supporting information shall be reviewed by the Secretary for adequacy and completeness under the requirements of this chapter and the National Register of Historic Places.

      (2)   Notice of the time, place, and purpose of such hearing will be mailed to the owners of all properties within the designated local historic district or structure proposed for recommendation as a National Register historic district at the addresses shown on the latest assessment roll and published once in a local newspaper of general circulation not less than ten days prior to the date of the hearing. The Secretary may also give such additional notices as deemed necessary.

      (3)   The Secretary shall prepare a staff report addressing the consequences and procedural requirements of listing a local historic district or structure on the National Register of Historic Places.

      (1)   The Commission shall review all materials prepared and submitted and may vote on the district recommendation.

      (2)   At the conclusion of the hearing, the Commission shall recommend to the Council approval, disapproval, or modification of the proposal for the National Register historic district or structure and make findings in support of that recommendation.

      (3)   Within 30 days of the final Commission action, the Secretary shall send a copy of the recommendation, findings, and all submitted materials to the City Council.

      (4)   The owners of all properties within the proposed National Register historic district boundaries shall thereafter be given notice of the time and place of the Council hearing at least ten days prior to the hearing date.

(Ord. 2025-10, passed 8-19-2025; Ord. 2025-01, passed 1-7-2025)

   (A)   The sole authority to declare historic cultural landmarks or historic districts and to endorse local historic districts or structures to the National Register of Historic Places shall be vested in the City Council and shall be exercised only after completion of the Commission’s responsibilities under the designation process set forth above in § 10.38.050.

   (B)   Within 30 days following receipt by the City Clerk of the Commission’s recommendations or as soon thereafter as is practicable, a hearing shall be set by the Clerk and held by the City Council. Following such hearing, the City Council shall adopt, modify, or reject the designation recommended by the Commission and, in the instance of a district designation, make findings as to which properties shall be considered contributors and non-contributors to the district. In the alternative, the City Council may continue its consideration of the matter or, in the event that new information is presented, refer the proposed designation to the Commission for further hearings, consideration, or study within a period of time designated by the City Council. Adoption of the designation shall be made by resolution, which shall contain findings of fact.

   (C)   Within ten days of the Council’s decision, notice thereof shall be mailed by the Secretary to the owner of record of each property proposed for designation at the address shown on the latest assessment roll and to such other persons that the Secretary may deem appropriate.

   (D)   No proposal for designation once considered and disapproved by the Council shall be reconsidered except upon the affirmative vote of four Council members. Any decision to reconsider shall be treated as a new proposal for designation pursuant to §§ 10.38.060, 10.38.070, or 10.38.080.

(Ord. 2025-10, passed 8-19-2025; Ord. 2025-01, passed 1-7-2025)

   The City Council may amend or rescind any designation of a historic cultural landmark, a historic district, a contributor to a historic district, or a non-contributor to a historic district in the same manner and procedure as was followed in the original designation. This action shall result from new information, the discovery of earlier misinformation, or a change of circumstances, conditions, or factors that justified the change in the designation of the historic cultural landmark or district.

(Ord. 2025-10, passed 8-19-2025; Ord. 2025-01, passed 1-7-2025)

   Ordinances adopting designations of historic cultural landmarks and local historic districts shall collectively be known as the Local Register of Historic Cultural Landmarks. The local register shall be kept on file with the Secretary, who shall transmit copies to the various city officers.

(Ord. 2025-10, passed 8-19-2025; Ord. 2025-01, passed 1-7-2025)

   When a designated historic cultural landmark has been demolished or relocated outside the city limits or when its designation has been rescinded pursuant to the provisions of this chapter, the Secretary, upon notice thereof, shall cause such historic cultural landmark to be deleted from the Local Register of Historic Cultural Landmarks and from the Historic Property Data File for the City of Tulare maintained by the State Office of Historic Preservation (SHPO). Upon such deletions and such rescission, the provisions of this chapter shall not be deemed to encumber or otherwise restrict the use of such property.

(Ord. 2025-10, passed 8-19-2025; Ord. 2025-01, passed 1-7-2025)

   (A)   It shall be unlawful for any person, corporation, association, partnership, or other legal entity to directly or indirectly alter, remodel, demolish, grade, remove, construct, reconstruct, or restore any historic cultural landmark without first obtaining a city permit and the approval of the Planning Commission.

   (B)   Upon receipt of an application or proposal for a demolition, grading, removal, or building permit for any historic cultural landmark, the city department or agency receiving same shall, within five calendar days, notify the Secretary and forward said permit application or proposal and accompanying documentation to the Secretary and shall not process the application or proposal without the authorization of the Commission. The Commission may approve non-substantial alterations to the historic cultural landmark based on the application presented.

   (C)   Any application or proposal that proposes the substantial alteration of a historic cultural landmark shall also be referred to the Secretary or his or her designee for review.

   (D)   Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any historic cultural landmark covered by this chapter that does not involve a change in design, materials, or external appearance.

   (E)   Nothing in this section shall be construed to prevent the Secretary from issuing a building permit if he or she determines that demolition, removal, or substantial alteration of the historic cultural landmark is immediately necessary to protect the public health, safety, or general welfare.

   (F)   After consideration of all evidence and testimony, the Commission shall have the authority to approve, deny or approve with modifications, any application or proposal.

   (G)   No application or proposal shall be approved or approved with modifications unless the Commission makes the following findings:

      (1)   The proposed work is found to be consistent with the purposes of this chapter and the Secretary of the Interior’s Standards, and not detrimental to the special historical, architectural, or aesthetic interest or value of the historic cultural landmark;

      (2)   The action proposed is necessary to correct an unsafe or dangerous condition on the property;

      (3)   Denial of the application will result in unreasonable economic hardship to the owner. In order to approve the application, the Commission must find facts and circumstances, not of the applicant’s own making, which establish that there are no feasible measures that can be taken that will enable the property owner to make a reasonable, economically beneficial use of the property or derive a reasonable economic return from the property in its current form;

      (4)   The site is required for public use, which will directly benefit the public health, safety, and welfare and will be of more benefit to the public than the historic cultural landmark; or

      (5)   For applications for relocation of a historic cultural landmark, the Commission shall find that one or more of the above conditions exist, that relocation will not destroy the historical, architectural, or aesthetic value of the landmark, and that the relocation is part of a definitive series of actions which will assure the preservation of the historic cultural landmark.

   (H)   Any finding that denial of the application or proposal will result in unreasonable economic hardship to the owner, pursuant to this section, may be based on the following factors:

      (1)   An economic feasibility analysis conducted pursuant to this section shall include the determination of an “after-rehabilitation” value of the property calculated on an income approach utilizing the capitalization rate determined appropriate by the city. This “after-rehabilitation” value shall be determined in the following manner:

         (a)   The potential residential or commercial rental rate(s) that the property could generate after an appropriate rehabilitation shall be determined by a review of current market rates for comparable properties within comparable neighborhoods.

         (b)   The potential annual net income that could be generated by the property after an appropriate rehabilitation, taking into consideration standard vacancy and expense factors, shall be determined.

         (c)   The appropriate capitalization rate shall be applied to the potential annual net income to determine the “after-rehabilitation” value of the property.

      (2)   The fair market value of the land, exclusive of improvements and without development restrictions pursuant to this chapter, shall be determined by a standard appraisal.

      (3)   The monetary cost of an appropriate rehabilitation of the historic cultural landmark, in accordance with the standards of this chapter, shall be determined by professionals qualified to make such a determination.

      (4)   If the fair market value of the land, combined with the costs of rehabilitation, exceeds the “after-rehabilitation” value of the property by more than 20%, the Commission shall find that denial of the application will result in an unreasonable economic hardship to the owner.

   (I)   If the Commission determines a permit should not be issued for the demolition, alteration, relocation, or new construction, or the Council on appeal concurs, a new application affecting the same property may be submitted during the 12-month period after the disapproval only if a substantial change is made in the plans for the project.

   (J)   The Commission shall give written notice of the decision regarding the regulated permit to the property owner/applicant and to the city. The notice shall contain the Commission’s findings in support thereof.

(Ord. 2025-10, passed 8-19-2025; Ord. 2025-01, passed 1-7-2025)

   (A)   It shall be unlawful for any person, corporation, association, partnership, or other legal entity to directly or indirectly alter, remodel, demolish, grade, remove, construct, reconstruct, or restore any property within any historic district without first obtaining a city permit and written approval of the Planning Commission.

   (B)   Upon receipt of an application or proposal for a demolition, grading, removal, or building permit for any property within any historic district, the city department or agency receiving same shall, within five calendar days, notify the Secretary and forward said permit application or proposal and accompanying documentation to the Secretary and shall not process the permit or proposal without the authorization of the Commission. The Commission may approve non-substantial alterations to the property based on the application presented.

   (C)   Nothing in this section 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, materials, or external appearance.

   (D)   Nothing in this section shall be construed to prevent the Director from issuing a building permit if it is determined that demolition, removal, or substantial alteration of a property within any historic district is immediately necessary to protect the public health, safety, or general welfare.

   (E)   After consideration of the final environmental document, all evidence, and testimony, the Commission shall have the authority to approve, deny, or approve, with modifications, any proposed application or permit application.

   (F)   No application shall be approved with modifications unless the Commission makes the following findings:

      (1)   For a contributor to any historic district, the proposed work is found to be consistent with the general purposes of this chapter and the Secretary of the Interior’s Standards, not detrimental to the special historical, architectural, or aesthetic interest or value of the contributor or the respective historic district in general and consistent with the district’s adopted design standards.

      (2)   For a non-contributor to any historic district, the proposed work is found not detrimental to the historical or architectural values of the respective historic district in general and consistent with the district’s adopted design standards.

      (3)   For new in-fill construction within any historic district, the proposed work is found not detrimental to the historical or architectural values of the respective historic district in general and consistent with the district’s adopted design standards.

      (4)   The action proposed is necessary to correct an unsafe or dangerous condition on the property.

      (5)   Denial of the application will result in unreasonable economic hardship to the owner. In order to approve the application, the Commission must find facts and circumstances, not of the applicant’s own making, which establish that there are no feasible measures that can be taken that will enable the property owner to make a reasonable, economically beneficial use of the property or derive a reasonable economic return from the property in its current form.

      (6)   For applications for relocation of a contributor from any historic district, the Commission shall find that one or more of the above conditions exist, that relocation will not destroy the historical, architectural, or aesthetic value of the landmark, and that the relocation is part of a definitive series of actions which will assure the preservation of the historic cultural landmark.

   (G)   Any finding that denial of the permit application will result in unreasonable economic hardship to the owner, pursuant to division (F)(5) above, may be based upon the application of the following factors:

      (1)   An economic feasibility analysis conducted pursuant to this section shall include the determination of an “after-rehabilitation” value of the property calculated on an income approach utilizing the capitalization rate determined appropriate by the Development Services. This “after-rehabilitation” value shall be determined in the following manner:

         (a)   The potential residential or commercial rental rate(s) that could be generated by the property after an appropriate rehabilitation shall be determined by a review of current market rates for comparable properties within comparable neighborhoods.

         (b)   The potential annual net income that could be generated by the property after an appropriate rehabilitation, taking into consideration standard vacancy and expense factors, shall be determined.

         (c)   The appropriate capitalization rate shall be applied to the potential annual net income to determine the “after-rehabilitation” value of the property.

      (2)   The fair market value of the land, exclusive of improvements and without development restrictions pursuant to this chapter, shall be determined by a standard appraisal.

      (3)   The monetary cost of an appropriate rehabilitation of the historic cultural landmark, in accordance with the standards of this chapter, shall be determined by professionals qualified to make such a determination.

      (4)   If the fair market value of the land, combined with the costs of rehabilitation, exceeds the “after-rehabilitation” value of the property by more than 20%, the Commission shall find that denial of the application will result in an unreasonable economic hardship to the owner.

   (H)   A decision relating to the approval with modifications or disapproval of an application for any permit may be appealed pursuant to § 10.38.160.

   (I)   If the Commission determines a permit should not be issued for the demolition, alteration, relocation, or new construction, or the City Council on appeal concurs, a new application affecting the same property may be submitted during the 12-month period after the disapproval only if a substantial change is made in the plans for the project.

   (J)   The Secretary shall give written notice of the decision regarding the regulated permit to the property owner/applicant. The notice shall contain the Commission’s findings in support thereof.

(Ord. 2025-10, passed 8-19-2025; Ord. 2025-01, passed 1-7-2025)

   All appeals shall be considered pursuant to Chapter 10.70.

(Ord. 2025-10, passed 8-19-2025; Ord. 2025-01, passed 1-7-2025)

   Any decision of the Council under this chapter shall be final. Any decision of the Commission under §§ 10.38.130 or 10.38.140 shall become final if no appeal is taken from such order or decision within the time limits prescribed by the applicable appeal provision of this chapter. No permit regulated by the provisions of this chapter shall be issued, nor shall any rights vest therein, until the decision of the Commission is final or any appeal therefrom is disposed of in the manner prescribed by this chapter.

(Ord. 2025-10, passed 8-19-2025; Ord. 2025-01, passed 1-7-2025)

   (A)   The Building Official shall notify the Secretary whenever such official declares a historic cultural landmark or any structure within a historic district to be substandard or unsafe pursuant to the California Building Code.

   (B)   Where any historic cultural landmark has been declared substandard and must be demolished for health and safety reasons, the Secretary shall notify the Planning Commission and cause such historic cultural landmark to be removed from any historic list.

(Ord. 2025-10, passed 8-19-2025; Ord. 2025-01, passed 1-7-2025)

   (A)   The Commission may render advice and guidance with respect to any proposed work not requiring a city permit on any designated historic cultural landmark or any property within any historic district.

   (B)   Examples of work referred to above are painting and repainting of exterior surfaces, fencing, landscaping, and installation of lighting fixtures. In rendering such advice and guidance, the Commission shall be guided by the purposes and standards of this chapter.

(Ord. 2025-10, passed 8-19-2025; Ord. 2025-01, passed 1-7-2025)

   (A)   The Commission shall take appropriate steps to notify all public agencies and public utilities that own or may acquire property, including easements and public rights-of-way, in the city about the existence and character of designated historic cultural landmarks and historic districts, and the Commission shall cause a current record of such landmarks and districts to be maintained with each such public agency and public utility. All such designated historic cultural landmarks and districts shall be subject to the provisions of this chapter regardless of ownership.

   (B)   In the case of publicly owned properties that are not subject to the permit review procedures of the city, including this chapter, but are more than 50 years of age or are located within any historic district, the agency owning the said property is encouraged to seek the advice of the Commission prior to approval or authorization of any construction, alteration, or demolition thereon, including the use and placement of street furniture, signs, lighting, and landscaping; and, the Commission shall render a report to the owner as expeditiously as possible, based on the purposes and standards in this chapter. If the Commission review of a public project involving construction, alteration, or demolition of any building, structure, object, or site is required under any other law, the Commission may render the report referred to in this section to such public agencies without specific request therefor.

(Ord. 2025-10, passed 8-19-2025; Ord. 2025-01, passed 1-7-2025)

   Issuance of a permit in conformance with this chapter shall not alter conformance requirements with the other standards and requirements of this chapter. The Director and the Fire Marshal shall liberally construe and apply all pertinent codes, including the State Historical Building Code and the California Building Code so as to effectuate the purposes of this chapter.

(Ord. 2025-10, passed 8-19-2025; Ord. 2025-01, passed 1-7-2025)

   (A)   All designated historic cultural landmarks, including contributors to any historic district, shall be preserved against decay and deterioration, kept in a state of good repair, and free from structural defects. The purpose of this section is to prevent an owner or other person having legal custody and control over a property from facilitating the demolition of a historic cultural landmark by neglecting it and by permitting damage to it by weather and vandalism.

   (B)   Consistent with all other state and city codes requiring that buildings and structures be kept in good repair, the owner or other person having legal custody and control of a property shall repair such building or structure if it is found to have any of the following defects:

      (1)   Building elements so attached that they may fall and injure members of the public or property;

      (2)   Deteriorated or inadequate foundation;

      (3)   Defective or deteriorated flooring;

      (4)   Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration;

      (5)   Members of ceilings, roofs, ceiling or roof supports, or other horizontal members that sag, split, or buckle due to defective materials or deterioration;

      (6)   Fireplaces or chimneys that list, bulge, or settle due to defective material or deterioration;

      (7)   Deteriorated, crumbling, or loose exterior plaster;

      (8)   Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors;

      (9)   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; or

      (10)   Any fault, defect, or deterioration in the building that renders it structurally unsafe or not properly watertight.

(Ord. 2025-10, passed 8-19-2025; Ord. 2025-01, passed 1-7-2025)

   (A)   All historic properties previously designated under this chapter shall remain unless otherwise removed as a historic property.

   (B)   All existing “H” overlay properties shall be considered historic cultural landmarks.

(Ord. 2025-10, passed 8-19-2025; Ord. 2025-01, passed 1-7-2025)

   It shall be unlawful for any person to permit or maintain violations of any of the provisions of this chapter by undertaking the alteration, grading, removal, demolition, or partial demolition of a historic cultural landmark or a building, structure, object, or site within a historic district without first obtaining the written approval of the Secretary, Commission or Council as provided in this chapter, or to defy any order or decision rendered by the Commission or Council. Any violations of this chapter may be enforced as provided in this code, except in the case of administrative citations issued pursuant to Chapter 1.61 of the Municipal Code. As part of any 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 Community Development Department.

(Ord. 2025-10, passed 8-19-2025; Ord. 2025-01, passed 1-7-2025)

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

(Ord. 2025-10, passed 8-19-2025; Ord. 2025-01, passed 1-7-2025)