A.

It is hereby found that historical resources within a community enrich it by providing it with a district identity and a link with the past, and by serving as a source of ideas for contemporary buildings, designers and other artisans. It is further found that the number of irreplaceable historical resources within the community is limited and declining, and that the preservation of such resources is essential to the general welfare of the public. The purpose of this chapter is to encourage the preservation of historical resources through review by the planning commission and by requiring that the actions to remove or demolish historical resource structures and proposals to develop historical resource sites be deferred for a reasonable period of time, to allow their acquisition and relocation of such structures by interested persons and organizations, and to give property owners a greater opportunity to make careful considerations as to decisions which would have an adverse effect on historical resources.

B.

This chapter is adopted pursuant to Section 37361 of the California Government Code, which authorizes the adoption of special regulations for the protection, enhancement, perpetuation or use of places, buildings, structures and other objects having a special character or special historical or aesthetic interest or value.

(Ord. 82-4 §3(part)).

The planning commission shall have the following powers and duties pursuant to this chapter:

A.

To initiate proceedings with regard to recommendations to the city council that the General Plan be amended to designate as historical resources, or to eliminate from such designation, particular buildings, structures, trees, plant life and sites, and to inspect and investigate any such historical resource or proposed historical resource;

B.

To conduct public hearings at which said planning commission shall consider whether it shall recommend to the city council that the General Plan should be amended as set forth in subsection A;

C.

To review proposals for the demolition, substantial exterior alteration, moving or removal of any historical resource structure, or proposals for the development of any historical resource structure, or proposals for the development of any historical resource site, and to consider whether it shall make such findings necessary for the deferral for a limited period of actions which would be detrimental to the preservation of historical resources.

(Ord. 82-4 §3(part)).

A.

General Plan Amendment Required. The designation of buildings, structures, trees, plant life and sites as historical resources, and the removal of such designation, shall be accomplished by amendment to the General Plan in accordance with the procedure established pursuant to this chapter.

B.

Initiation of General Plan Amendment.

1.

Amendments to the General Plan to designate as historical resources or remove from such designation buildings, structures, trees, plant life or sites may be initiated by the city council, the commission, the director of planning, or the owner of the subject real property or his authorized agent.

2.

Other persons and organizations interested in the preservation of historical resources may submit to the director of planning written requests that specified buildings, structures, trees, plant life or sites be designated as historical resources, or that such designation be removed. Upon receipt of any such request, the director of planning shall investigate the proposal and inspect the real property in question, and upon the conclusion of his investigation shall report to the commission his recommendation as to whether a General Plan amendment should be initiated to designate said property as a historical resource. The commission shall consider the recommendation and decide whether it should initiate such a General Plan amendment.

3.

Consideration of the proposed amendment to the General Plan by the commission and the city council, with regard to a historical resource or a proposed historical resource, shall be in accordance with the procedure for processing and consideration of amendments to the General Plan prescribed by state law, city ordinance, and the resolutions and procedural rules and regulations of the city council and the commission.

(Ord. 82-4 §3(part)).

Whenever the city council designates any building, structure, tree, plant life or site as a historical resource, or removes such designation, the city clerk shall give written notice of the action of the city council to the owner of the historical resource (as shown on the last assessment roll of the county assessor), the county board of realtors, the director of public works, the planning director, and any person who has filed a written request with the city clerk for such notice. The city clerk shall cause to be recorded in the office of the county recorder a copy of each resolution designating a historical resource or removing such designation.

(Ord. 82-4 §3(part)).

A.

No historical resource structures shall be enlarged, substantially altered as to its exterior, moved, removed or demolished, except in conformance with this chapter.

B.

No development project shall be approved for any land on which a historical resource site is located, except in conformance with this chapter. As used in this chapter, "development project" means the subdivision of land or the issuance of any permit authorizing grading, excavation or construction of buildings or structures.

(Ord. 82-4 §3(part)).

A.

Application. This section applies to historical resource structures as to which the moving, removal or destruction requires no permit.

B.

Notice of Intention. No person shall move or destroy any historical resource structure as to which this section is applicable unless he shall have filed with the director of planning a written notice of intention to take such action, and unless one of the following shall have occurred:

1.

The director of planning shall have authorized the moving, removal or destruction of the historical resource structure pursuant to Section 17.48.070B; or

2.

The commission shall have reviewed the proposed action and shall have made the findings necessary to enable the historical resource structure to be removed, demolished or destroyed without the necessity of any waiting or grace period; or

3.

The commission shall have authorized removal of the historical resource structure pursuant to plans reviewed pursuant to Section 17.48.080C; or

4.

The ninety-day grace period prescribed in Section 17.48.080 shall have elapsed.

(Ord. 82-4 §3(part)).

A.

Except as provided in subsection B, upon the filing of an application for a permit to enlarge or to substantially alter the exterior of a building or structure which has been designated as a historical resource structure, the commission shall review for approval of the proposal.

B.

Where the director of planning finds that any such enlargement or alteration must be undertaken promptly to adequately protect the public health and safety, due to a hazardous condition of the building or structure, he shall do one of the following:

1.

He shall advise the secretary and the chairman of the commission immediately of his finding, and the chairman shall immediately call a special meeting, to be held within three days, to review the proposal in the manner set forth in subsection A. The procedure for calling such meeting shall be as set forth in Section 54956 of the Government Code.

2.

If he finds, additionally, that the danger to the public health and safety is so immediate that no delay in undertaking the work should be required, he may authorize the issuance of the permit in conformance with other applicable requirements of this code, to the extent necessary to eliminate the hazardous conditions, without referral.

(Ord. 82-4 §3(part)).

A.

Upon the filing of any of the following:

1.

An application for a permit for the removal or demolition of a historical resource structure; or

2.

A notice of intention to move, remove or destroy a historical resource structure pursuant to Section 17.48.060; or

3.

An application for a development project on any land which a historical resource site is located; the director of planning shall refer the application or matter to the commission for review for a hearing to be conducted within thirty days of the filing of the application or notice of intention, except as provided in subsection B.

B.

1.

Upon the filing of an application or notice of intention involving the removal, demolition or destruction of a historical resource structure, an inspection shall be made or caused to be made of the physical condition thereof by:

a.

The building official, in the case of a building or structure; or

b.

The parks superintendent, if it is a tree or plant life.

2.

The inspecting official shall report to the director of planning as to the physical condition of the historical resource structure. If the director of planning finds that the removal, demolition or destruction of the historical resource structure must be undertaken promptly to adequately protect the public health and safety due to a hazardous condition of the historical resource structure, he shall do one of the following:

a.

He shall advise the secretary and the chairman of the commission immediately of his findings, and the chairman shall immediately call a special meeting, to be held within three days, at which a hearing shall be held and findings shall be made pursuant to subsection D. The procedure for calling such meeting shall be as set forth in Section 54956 of the Government Code.

b.

If he finds, additionally, that the danger to the public health and safety is so immediate that no delay in undertaking the removal, demolition or destruction should be required, he may authorize the issuance of the permit (if such is required) or the removal, demolition or destruction (if no permit is required) in conformance with other applicable requirements of this code, to the extent necessary to eliminate the hazardous condition, without referral of the matter.

C.

1.

At any hearing held in connection with a historical resource structure, the commission shall hear and consider evidence as to its physical condition, its cost of restoration, and its historical significance and functional value. If, at the conclusion of the hearing, the commission makes one of the following findings:

a.

That the historical resource structure may be removed elsewhere without substantial damage to it; or

b.

That the historical resource structure may be maintained at its present location so as to create an immediate or potential hazard to other buildings or structures, or their occupants, or to plant or animal life on the same lot or on any adjacent lots, and that the expense of restoration of the historical resource structure is not disproportionately great in relation to its historical significance and functional value; the historical resource structure shall not be removed, destroyed or demolished, nor shall any permit be issued authorizing such removal, destruction or demolition for a period of ninety days from the date the commission makes its finding; provided, however, that if the commission finds that the historical resource structure may be removed elsewhere without substantial damage to it, the commission may authorize the removal thereof prior to the expiration of such ninety-day period on the condition that it be removed to a specific site if plans shall have been submitted to the commission showing the relocation site and where the historical resource structure will be placed thereon.

2.

If at the conclusion of the hearing the commission makes all of the following findings:

a.

That the historical resource cannot be removed elsewhere without substantial damage to it; and

b.

That the historical resource structure, if maintained at its present location, would create an immediate or potential hazard to other buildings or structures or their occupants, or to plant or animal life on the same or on any adjacent lot; or

c.

That the expense of restoration of the historical resource structure at its present location is disproportionately great in relation to its historical significance and functional value; then without the ninety-day period set forth above, a permit for the removal, destruction or demolition of the historical resource structure, if necessary, shall be issued if the application therefor shall be in conformance with all other requirements of this code, and if no such permit is required, the historical resource structure may be removed, demolished or destroyed.

D.

1.

At any hearing held in connection with a historical resource site, the commission shall hear and consider evidence as to the effect which the development project would have on the historical resource site.

a.

If at the conclusion of the hearing the commission finds that the development project as a whole would interfere with the continued maintenance and preservation of the historical resource site, such project shall not be approved for a period of ninety days from the date the commission makes the finding.

b.

If at the conclusion of the hearing the commission finds that a portion of the development project would interfere with the continued maintenance and preservation of the historical resource site, the commission shall specify the portion of the land upon which the project would have such an effect, and such portion of the project shall not be approved for a period of ninety days from the date the commission makes its finding.

c.

If at the conclusion of the hearing the commission finds that the project would not interfere with the continued maintenance and preservation of the historical resource site, such project may be processed without the above-mentioned waiting period, in accordance with the otherwise applicable procedural and substantive requirements.

2.

The secretary of the commission shall promptly transmit any finding made pursuant to subdivisions a or b above to the person, organization, board, commission, committee or body which in the ordinary course of events would have jurisdiction to review the development project on behalf of the city.

(Ord. 82-4 §3(part)).

The commission shall not conduct any hearings or review any development project in connection with a historical resource site if it has previously heard and considered, pursuant to Section 17.48.080 D, a development project having a substantially similar effect on such site. It is the purpose of this section to provide for a single review where a proposal for development of a site requires a process to two or more actions by the city.

(Ord. 82-4 §3(part)).

The purposes of the ninety-day grace period required in Section 17.48.080 are as follows:

A.

To allow property owners to reconsider decisions to destroy, demolish or remove historical resource structures, or to take actions which would be adverse to the preservation of historical resource sites;

B.

To allow property owners to consider whether it would be feasible or practical to move a historical resource structure to another site;

C.

To promote consultation between the city, other public agencies, private historical organizations, civic groups, other interested persons and property owners to determine whether preservation of the historical resource may be accomplished through the participation or action of any such persons, groups, agencies or organizations, or the city.

(Ord. 82-4 §3(part)).

While a ninety-day grace period is in effect pursuant to Section 17.48.080 with regard to a historical resource site, the commission shall have jurisdiction to hear, consider, and review plans submitted by or with the consent of the property owner for the preservation of the site. If the commission finds that the specific proposal or plan is adequate to assure that the historical resource site will be preserved and that such proposal or plan will be incorporated as requirements or conditions of approval of the development project by the appropriate officials, agencies, boards, commissions or other bodies of the city having jurisdiction thereof, the grace period shall thereupon terminate rather than continue to its otherwise applicable expiration date.

(Ord. 82-4 §3(part)).

The secretary of the commission shall compile a list of persons, groups and organizations which are interested in the preservation of historical resources in the city. He shall transmit by mail to each person, group or organization on the list a notice of each meeting of the board at which a hearing will be conducted regarding the designation of any historical resource; or the removal of any historical resource from its designation as such; or regarding any proposal for the removal, relocation, destruction or demolition of a historical resource structure; or regarding any development project on land which wholly or partially constitutes a historical resource site. He shall add persons, groups or organizations to this list upon their written request.

(Ord. 82-4 §3(part)).