Sec. 38-74b. Land Use Regulations for Properties Without Historic Zoning.
A. Description.The provisions of this section are intended to identify and provide a historic review of properties identified in a Reconnaissance Survey or Intensive Survey, or which are determined to potentially meet the criteria for Historic Zoning by the Community Development Director. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)
B. Applicability.The land use regulations of this section shall apply if the property conforms to one of the following:
1.The property has been surveyed and is included in the Reconnaissance Survey List or Adopted Survey List.
2.The Community Development Director has determined that the property potentially meets the criteria for Historic Zoning and is not excluded per Section 38-74b Paragraph C below. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)
C. Exclusions.The provisions of this Section 38-74b shall not apply to the following properties: (Exclusion pursuant to this section does not exempt properties from CEQA historic provisions.)
1.Properties in areas of the City which do not have resources with the potential for historic zoning. The Historic Preservation Commission shall prepare and adopt the map of excluded areas following a noticed public hearing.
2.Properties that are not on the Reconnaissance Survey List or Adopted Survey List in an area which has been subject of an area-wide survey.
3.Properties that have been surveyed and determined not eligible for historic zoning within the past five years.
4.Properties that have been surveyed and removed from the Reconnaissance Survey List or Adopted Survey List pursuant to provisions of Section 38-74a.
5.Properties with H-1 or H-2 zoning or properties within an H-D Historic District. (These properties must follow Historic Permit and Historic District sections of this ordinance.)
D. Land Use Regulations for Alteration.The procedure for alteration of applicable properties shall be as follows:
1.
The proposed alteration shall be reviewed by the Community Development Director to determine whether the alteration conforms to the Secretary of the Interior’s Standards for the Treatment of Historic Properties. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)
a.Alterations which conform to the Secretary of the Interior’s Standards for the Treatment of Historic Properties shall follow the regular City planning and buildings permit review process.
b.Alterations which do not conform to the Secretary of the Interior’s Standards for the Treatment of Historic Properties are subject to the following regulations:
(1)If the property is listed on the Reconnaissance Survey List, an Intensive Survey shall be prepared. If the Intensive Survey determines that the property is potentially eligible for Historic Zoning, the property shall be added to the Adopted Survey List. If the survey determines the project is not eligible for Historic Zoning, the project shall follow the regular City planning and building permit review process.
(2)If no discretionary planning permit approval is required, the project shall be subject to Architectural Approval as described in Article 25 of the Zoning Ordinance.
(3)If the property is listed or placed on the Adopted Survey List, the project shall be presented to the Historic Preservation Commission for recommendations to the decision-making body for bringing the project into conformity with the Secretary of the Interior’s Standards for Treatment of Historic Properties.
E. Land Use Regulations for Demolition.The procedure for Demolition Permits for applicable properties shall be as follows:
1. Intensive Survey.An Intensive Survey of the property which is the subject of demolition, is required for issuance of a Demolition permit. The City shall prepare and adopt an Intensive Survey at the applicant’s expense if an Intensive Survey has not been completed or updated within the past five years.
a.If the Intensive Survey concludes that the property does not meet the Criteria for Historic Zoning and should be removed from the Adopted Survey List, the demolition shall follow the regular City review process.
b.If the Intensive Survey concludes that the property meets Criteria for Historic Zoning, the Historic Preservation Commission shall review the impacts of demolition, including CEQA review, and may recommend a delay period as set forth below.
2. Demolition Delay.The Historic Preservation Commission may recommend a delay period to the City Council of up to 180 days for properties identified by an Intensive Survey as meeting the Criteria for Historic Zoning. The City Council shall approve, modify, or deny the demolition delay as recommended by the Historic Preservation Commission.
a.The purpose of the delay period is to discuss: (a) design alternatives which meet the Secretary of the Interior’s Standards for Treatment of Historic Properties, (b) potential for Historic Zoning, including incentives, and (c) in the case of potential H-1 properties, possible initiation of H-1 zoning.
b.Following the up to 180 day delay period, a demolition permit shall be issued concurrently with, but not prior to, issuance of a building permit for the replacement structure. (Ord. 3424 § 1, 2009)