Walnut City Zoning Code
CHAPTER 6
104 HISTORICAL PRESERVATION
§ 6.104.010 Intent and purpose.
The purpose of the historical preservation chapter is to establish procedures and guidelines to protect and preserve historical and culturally significant resources within the City of Walnut. Preservation of historical resources within the community will preserve and promote the historical heritage of the City by:
A.
Establishing a mechanism to protect historical and cultural resources;
B.
Identifying historically significant structures and sites to protect the City’s past and present heritage;
C.
Establishing public awareness of historically significant resources and the benefits of preservation;
D.
Encourage public participation in historical preservation;
E.
Encourage civic pride with the beauty and accomplishments of years past.
§ 6.104.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
The official list of the State’s historic places identified for preservation.
Sites, structures, and other culturally significant resources that represent City of Walnut heritage.
A survey conducted to identify, record, and evaluate historic properties within a community, neighborhood, project area, or region.
A property contract entered into between the City and a property owner that provides for lower property taxes in return for the rehabilitation, restoration, and preservation of a qualified historical property pursuant to California Government Code Section 50280 et seq.
The United States official list of the nation’s historic places identified for preservation.
The proposal for development, including a plat of subdivision, all covenants, grants of easement and other conditions relating to use, location and bulk of buildings, density of development, common open space and public facilities. The plan shall include such information as required by this chapter. The phrase "provisions of the plan," where used in this chapter, shall mean those documents, verbal or graphic, referred to in this definition. The plan shall be subject to site plan and architectural review, and the provisions of Title 6, Planning and Zoning.
The identification, study, protection, restoration, rehabilitation, or acquisition of historical resources.
Anything constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires location on the ground or is attached to something having a location on the ground, except outdoor areas such as patios, paved areas, walks, swimming pools, tennis courts and similar recreation areas.
§ 6.104.030 Applicability.
This chapter shall apply to all designated historical resources within the City of Walnut.
§ 6.104.040 Administration.
Implementation of this chapter shall be the direct responsibility of the historical preservation ad-hoc advisory committee with direct support by the Community Development Department and any other organizations promoting historic preservation within the City. The historical preservation ad-hoc advisory committee shall be appointed by the City Council. The historical preservation ad-hoc advisory committee shall meet on an as needed basis and shall apply the established standards and guidelines set forth within this chapter and recommend to the City Council and/or Planning Commission the appropriate action to be taken for all items related to historic preservation as defined by this chapter.
§ 6.104.050 Power and duties.
The historical preservation ad-hoc advisory committee shall provide recommendations to the City Council and/or Planning Commission relating to the nominations of this chapter and recommending overview. The committee duties shall include the following:
A.
To increase public awareness of the value of historic, architectural and cultural preservation by developing and participating in public information programs.
B.
Establish and/or recommend to the City Council in designating guidelines for the alteration, construction, removal, or demolition of historical landmarks and structures of merit.
C.
To review applications for permits to rehabilitate, construct, change, alter, modify, remodel, demolish, remove or significantly affect any structure.
D.
To compile or cause to be compiled and maintain a current inventory (Exhibit 1) of all designated historic landmarks and structures of merit.
E.
To seek means and sources for the protection, retention and preservation of historic resources through financial support from individuals and public and private entities.
F.
To recommend to the City Council and/or Planning Commission grants, tax incentives, and benefits to encourage redevelopment of historically significant structures or neighborhoods.
G.
To encourage public participation in the nomination, review and permitting processes for historic resources.
§ 6.104.060 Criteria for establishment of a historical resource.
The historical preservation ad-hoc advisory committee shall use one or more of the following criteria in advising the City Council regarding the designation of a structure(s) or site(s) as a historic landmark:
A.
It meets the criteria for listing in the National Register of Historic Places; or
B.
It meets the criteria for listing in the California Register of Historic Resources; or
C.
It meets one or more of the following criteria:
1.
It exemplifies or reflects elements of the City’s history, heritage or culture;
2.
It is identified with persons or events significant in local, state, or national history;
3.
It is representative of the work of a notable builder, designer, architect, or artist;
4.
It embodies distinguishing architectural characteristics of a style, type, period, or method of construction;
5.
It is a noteworthy example of the use of indigenous materials or craftsmanship;
6.
It embodies elements that represent a significant structural, engineering, or architectural achievement or innovation;
7.
It has a unique location, a singular physical characteristic, or is an established and familiar visual feature of a neighborhood, community or the City; or
8.
It is one of the few remaining examples in the City, region, state or nation possessing distinguishing characteristics of an architectural or historical type of specimen.
§ 6.104.070 Procedures for designation and/or removal of individual historical resources.
A.
Any person(s) or group(s) may request, with the owner’s consent, to designate a structure or site as a historic resource by submitting a written request ("nomination") to the Community Development Department. The request shall contain sufficient documentation and information indicating how the nominated resource meets the criteria for designation as a historical resource subject to the established criteria in Section 6.104.060.
B.
Any person(s) or group(s) may submit a written request, with the owner’s consent, to remove a historic resource from the historic resource register. The written request shall include the reason(s) why the historical resource should be removed from the register.
C.
The historical preservation ad-hoc advisory committee shall consider the request in accordance with the procedures established in Section 6.104.060 and recommend to the City Council and/or Planning Commission findings relative to the nomination, or removal, of a historic resource. The City Council shall conduct a public hearing pursuant to the procedures of Section 6.80.050 (Notices of public hearing— Publication).
D.
No discretionary or ministerial permit shall be issued which may affect a historical resource under consideration for listing in the historical resources register, or for which may be removed from the register, while the designation or removal process is pending.
§ 6.104.080 Plan review.
A.
Exterior alterations, including, but not limited to, restoration, rehabilitation, remodeling, additions, demolition, relocation, or subdivision of a designated historic resource shall require site plan and architectural review in accordance with the provisions of Title 6, Planning and Zoning.
B.
In evaluating a project involving alteration to an identified historic resource, the plan review shall consider the existing and proposed architectural style, design, arrangement, texture, materials, and any other factors with regard to the original distinguishing architectural characteristics of the historic resource. The plan review shall be conducted in such a way as to analyze the proposed alterations with respect to the following criteria.
1.
With regard to an identified historic structure, the proposed work should neither adversely affect the significant architectural features of the resource; adversely affect the character of the historical, architectural, aesthetic interest, or value of the resource.
2.
With regard to construction of a new improvement, addition, building, or structure upon the site of an identified historic structure, the use and exterior of such improvements would not adversely affect and would be compatible with the use and exterior of the existing historic resource.
3.
The historical preservation ad-hoc advisory committee shall review any alteration to a historic resource and provide a written recommendation to the City Council. The City Council shall consider the written recommendation of the historical preservation ad-hoc advisory committee to approve or deny the change, and conduct a public hearing in accordance with the procedures established in Section 6.104.070(C).
§ 6.104.090 Historical Resources Register.
Any structure or site identified as a historical resource in accordance with the provisions of Section 6.104.060 shall be kept recorded in a Historical Resources Register. The historical preservation ad-hoc advisory committee shall be responsible for maintaining and updating the Historical Resources Register and the inventory of historic and culturally significant landmarks. A copy shall be kept on file with the City Clerk’s office for public review.
§ 6.104.100 Preservation incentives.
The City shall promote the use of appropriate preservation incentives to encourage property owner(s) to designate, maintain, preserve, and improve historical resources. These incentives may include, but are not limited to, the following:
A.
Use of the State Historic Building Code (SHBC) which provides alternative and less costly building regulations for the rehabilitation, preservation, restoration, or relocation of structures designated as historic structures.
B.
Façade easements of historic buildings to enable property owners to receive property tax deductions.
C.
Reduced or no processing fees for appropriate rehabilitation of designated historic structures.
D.
Awards and other symbols of recognition of exemplary rehabilitation and maintenance of historic structures.
E.
Investigation of the feasibility of other incentives such as transfer of development rights and similar mechanisms for designated historic resources subject to the approval of the City Council.
F.
Mills Act/historic preservation contracts which can lower property taxes of designated historic structures subject to the review and approval of the City Council.
§ 6.104.110 Appeals.
The procedural provisions of Section 6.80.170 (Appeals) shall apply to any designation, removal, or plan review process.
§ 6.104.120 Maintenance and repair.
A.
The owner(s) of a designated historic structure shall keep in good repair the buildings, walls, landscaping, and other portions of the historic structure named as part of the designation. Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural features in any or property covered by Section 6.104.090 (Historical Resources Register).
B.
Maintenance and repair shall not involve a change in design, and to the extent possible, material, or external appearance thereof. However, this chapter does not prevent the alteration or removal of a historic structure and/or its related architectural features when the Community Development Director and/or building official finds and certifies that alteration or removal is required for public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California State Historic Building Code. Such architectural features shall be replaced according to the guidelines contained within Section 6.104.080 (Plan review).
§ 6.104.130 Enforcement.
Any person who constructs, alters, removes, or demolishes a historic resource in violation of this zoning code shall be required to restore the building, object, site, or structure to its appearance or setting prior to violation. Any action to reinforce this provision may be brought by the City. This civil remedy shall be in addition to, and not in lieu of, any criminal penalty or any other remedy provided by law.
§ 6.104.140 Recordation.
Any person whose property is designated as a historic resource shall cause to be recorded an instrument disclosing that designation in order to qualify for any incentive or incentives referred to in Section 6.104.100, Preservation incentives.