38-76 H-2 City Historic Resource Overlay Zoning

Sec. 38-76. H-2 City Historic Resource Overlay Zoning.

A. Description.H-2 zoning is intended to identify and protect historic resources in the City that would be recognized as resources with local historic importance and their historic importance would not generally be recognized outside the immediate area of the Monterey Peninsula, and the City is steward of those resources are preserved for its citizens. The City encourages the preservation of these resources with a strong set of incentives; however, the ultimate decision to rezone and ultimately to preserve them is left to the property owner.

B. Applicability and Zoning Map Designator.Historic zoning may be combined with any zoning district. Each H-2 zone shall be shown by adding an “H-2” to the base district designation.

C. Criteria for Adoption.H-2 City Historic Resource zoning may be applied to properties which meet National Register or California Register Criteria as defined. The Criteria are generally described as historic event, person, design or information potential, and are fully defined in National Register Bulletin 15 and in California PRC 5024.1 and CCR Title 14 Chap 11.5, Sec 4850 et seq. (See Definitions).

D. Procedure for adoption of H-2 Landmark Zoning.Establishment of H-2 Landmark zoning shall follow the procedures established by Article 26 with the additional provisions that:

1.In addition to the information required to support a rezoning pursuant to this chapter, eligibility for historic zoning shall be predicated on an Intensive Survey prepared or updated by or under supervision of a Qualified Professional within the last five years.

2.In addition to the regular public hearing process for rezoning, the Historic Preservation Commission shall hold noticed public hearings and make recommendation to the Planning Commission.

3.H-2 City Historic Resource zoning shall not be initiated without property owner consent, except that properties with “H” overlay zoning as of the date of adoption of this ordinance may be rezoned to H-2 without consent of the property owner if they meet the criteria for H-2 zoning.

E. Historic Zoning on a Portion of a Lot.H-2 zoning may be applied to an eligible historic resource on less than the entire lot where the historic resources occupy a small portion of the lot and Historic Zoning and review on the balance of the lot would not be appropriate. Documentation of the boundaries so zoned shall be included. The intent of this provision is that the entire historic resource and an appropriate setting be zoned. This is not intended to permit Historic Zoning of only facades or component parts of a resource.

F. Rescission of Historic Zoning.It is not the general intention of the City to remove historic designation from a property; however, the City Council may rezone a property to remove Historic Zoning following the process for adoption, set forth in this Section, if the historic resource no longer meets the Criteria for designation.

1. Historic Provisions Supersede Underlying Zoning Provisions.The provisions of this Zoning Ordinance Article 15 shall supersede the provisions of the underlying zone, where conflicts arise.

2. Historic Permit Required for Alteration or Demolition.An Historic Permit shall be required for any Alteration or demolition within H-2 City Historic Resource zone.

(1)Application shall be made on forms provided by the Community Development Department. Additional information may be requested as required. (Ord. 3653 § 19, 2022)

(2)For minor repairs, as defined, the application may be approved by the Community Development Director upon making the findings that that the proposed work is consistent with the Secretary of the Interior’s Standards for Treatment of Historic Properties. If this finding cannot be made, the Community Development Director must refer the matter to the Historic Preservation Commission. If this finding cannot be made, the Community Development Director cannot treat the application as a minor repair and must refer the matter to the Historic Preservation Commission for a Historic Preservation Report and a hearing, as set forth below. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

(3)For all other applications for Alteration, a Historic Preservation Report is required. The Historic Preservation Commission shall review said application and Report. A Historic Permit shall be issued only upon a finding that the proposed work is consistent with an adopted Historic Preservation Report and the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

(4) Historic Preservation Report.An Historic Preservation Report shall be adopted by the Historic Preservation Commission and shall remain in effect for a period of three years from date of adoption. The Historic Preservation Commission may extend or re-adopt an approved program for periods of three years or less. It shall be based on the Secretary of the Interior’s Standards for Treatment of Historic Properties and shall include the following:

a.Which of the four Secretary of the Interior’s Standards for Treatment of Historic Properties is being proposed for the resource.

b.A written description of historic events connected with the resource.

c.The historic context and interpretive period.

d.An architectural history of the resource which includes:

•Photographs and drawings which identify the original building, structure, object, and site configuration,

•Character Defining Features of the resource as originally constructed,

•Changes and alterations made over time that have achieved stature as Character Defining Features, even though not a part of the original resource, and

•Changes not consistent with the historic value of the resource.

e.A program for preservation of the resource, including a statement of how the proposed program meets the Secretary of the Interior’s Standards for Treatment of Historic Properties.

(1)It is the intent of the City of Monterey that historic resources in H-2 zones will not be demolished unless extraordinary circumstances exist.

(2)Application shall be made on forms provided by the Community Development Department and shall contain a provision which requires the Applicant to provide whatever detailed information is required to completely review the application. (Ord. 3653 § 19, 2022)

(3)The Historic Preservation Commission shall hold noticed public hearing and recommend action to the City Council on the application for Historic Permit for demolition, and the City Council shall make the final determination to approve or deny the permit.

(4)An Historic Permit and demolition permit for demolition of an H-2 resource shall not be issued unless one of the following two findings can be made:

a.The resource is a hazard to public health or safety, and repairs or stabilization are not feasible. Deterioration resulting from the neglect or failure of the owner to maintain the property need not be considered in making this finding. The City Council may require the applicant to provide one or more structural reports to document that repairs or stabilization are not feasible, or

b.Denial of the application will deprive the property owner of the economically viable use of the property, after application of financial, land use and other incentives available to the property.

c. Appeal.Decisions of the Historic Preservation Commission under this Section may be appealed as provided in Article 27 of this Zoning Ordinance.

d. Expiration of a Historic Permit.An Historic Permit shall lapse two years after its date of approval unless a building permit has been issued and substantial construction costs expended. A one year extension may be granted by the Historic Preservation Commission or, if approved as a minor repair, by the Community Development Director. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

e. Relocation as an Alternative to Demolition.Relocating an historic resource is an acceptable alternative to demolition if findings are made that the move is required to prevent destruction of the resource at its former location, that the new location is compatible with the original character and use of the historic resource, and that the resource retains its historic features and compatibility in orientation, setting, and general environment, and that the receiving lot and the former lot are appropriately rezoned.

1.City Incentives for H-2 Zoned Properties are set forth as follows:

a. Modification of Zoning Requirements by Use Permit.The underlying zoning requirements for setbacks, parking standards, and/or Floor Area Ratio may be modified by Use Permit, following the procedures set forth in this Section, if the modification of standards contributes to preservation of the historic setting or minimizes or eliminates impacts of Alteration on an historic resource.

b. Additional Uses Allowed by Use Permit.The following additional uses may be allowed by Use Permit, issued pursuant to Chapter B of this Section:

(1)R-2 or R-3 uses in the R-1 district,

(2)C-O uses in the R-3 district,

(3)C-1 uses in the C-O district,

(4)Guest Houses on lots less than 8,000 square feet in the R-1 or R-2 districts, and

(5)Establishment of the historic use (defined as the original resource use or the use for which the resource was designed) if that use is not allowed by the underlying zoning district.

(6)Any use that provides public access to an historically preserved or restored interior. Public access is defined as establishment of a museum for public display of an historic interior or a use in which the interior is generally accessible to the public during normal business hours. Use Permit approval may specify areas which are to remain open to the public and minimum hours for public access. Public access shall include the type of public entry customary for the approved use and shall not include a requirement for extraordinary access such as historic tours unless such extraordinary access is a condition of use permit approval.

c. Related Incentives.Historic zoned properties are eligible for the State Historical Building Code, the Mills Act Property Tax Reduction Program, City grant programs designed to protect and preserve historic resources and other City Programs approved by the City.

a.To grant a Use Permit under this Section the procedures set forth in Chapter 38 of this Code shall apply. In addition, the application for Use Permit shall first be presented to the Historic Preservation Commission, who shall recommend findings to the Planning Commission to support the use permit.

b.The Planning Commission shall make the Use Permit findings in Section 38-161 and the additional findings that:

(1)Impacts of the use, including traffic and parking, would not be detrimental to the surrounding area.

(2)Additional uses conform to an adopted Historic Preservation Report and are necessary for the preservation of an historic resource or historic interior.

c.Contracts and/or easements between the property owner and the City that would provide for preservation or restoration of exterior or interior features of an historic resource may be required as condition to the Use Permit.

3. Review of Incentive Programs.The Historic Preservation Commission will monitor the needs of historic properties and may develop additional incentive programs for City Council approval to meet those needs.

I. Duty to Maintain Historic Zoned Resources.The owner, lessee, or other person legally in possession or control of an H-2 City Historic Resource shall maintain the resource in good repair. Good repair is defined as that level of maintenance and repair of the exterior features, designated interior features, and the interior portion of the structure necessary to prevent deterioration of the exterior which furthers the continued availability and Integrity of the resource and prevents deterioration, dilapidation, decay or loss of economic use of the property. (Ord. 3424 § 1, 2009)