Chapter 17.26
HC HISTORICAL COMMERCIAL DISTRICT
Sections:
17.26.030 Uses subject to site plan review.
17.26.040 Uses subject to a conditional use permit.
17.26.060 Site development standards.
17.26.070 Demolition or removal of buildings.
17.26.080 Construction or alteration of buildings or structures.
17.26.120 Nonconforming signs.
17.26.130 Permits--Applications.
17.26.140 Permits under California Building Codes.
17.26.150 Applications--Decision of the planning commission.
17.26.160 Appeal to the city council.
17.26.180 Permits--Violations--Duration.
17.26.190 Scope of provisions--Conflicting provisions.
17.26.010 Purpose and intent.
The city council finds and declares that the area described in this section is one of great historical interest and aesthetic value. Within said district are many places and buildings which are important historical exhibits and unique architectural specimens. Said places and buildings are symbolic of the city’s historical past as a mining town during the days of the California gold rush and thereafter.
The historic character and distinctive architecture of such places and buildings, and of the historic district as a whole, have attracted tourists and visitors to the city in great numbers, thereby augmenting the economy and general welfare of the city and its inhabitants. The preservation of such places and buildings and of the architectural appearance of the surrounding properties within the district is essential to the economic and cultural life of the city.
To permit a departure from the established type of architecture in the construction of new buildings, in the alteration of existing buildings within the district, and to permit the uncontrolled use of advertising signs therein, would be detrimental to the historical places and buildings, and would tend to depreciate the values of all properties within the district. In order to promote the public health, safety, and the general welfare, it is necessary, pursuant to Section 37361 of the California Government Code, to provide for such places and buildings having a special historical or aesthetic interest or value, special conditions and regulations of their protection, enhancement and perpetuation, and to provide appropriate and reasonable control of the appearance of neighboring property within public view.
The historical commercial (HC) district is intended for the historical buildings of the city. The district is intended to provide a range of commercial facilities, servicing not only the city, but surrounding unincorporated areas and the passing tourist traffic. Typical uses in this district include: restaurants, hotels, specialty shops, bed and breakfast inns, and theaters. The district will also maintain the character and integrity of the city’s designated historic district and provide live-work opportunities by allowing upper level residential uses above commercial establishments.
The historical downtown makes up the HC district. The historical downtown has the following boundaries:
A. The north area boundary ends at Bragg Street on the east side of Main Street and APN 060-006-067 on the west side of Main Street.
B. The south area boundary ends at Vallecito Road and State Highway 49 and Finnegan Lane. The most southern portion of the district is APN 062-009-052 and 006 and APN 062-009-032 (see Exhibit A attached to the ordinance codified in this chapter).
C. The east and west boundaries are made up of parcel lines that face Main Street front to back (see Exhibit A attached to the ordinance codified in this chapter). (Ord. 460 §1, 2012)
17.26.020 Uses permitted.
An established conforming use in the HC district may be allowed to continue or may be changed to another conforming use pursuant to this chapter; provided, that a zoning certificate shall be approved by the planning director using the following criteria:
A. Interior construction of the facility shall not exceed ten percent of the facility or more than five hundred square feet, whichever is less;
B. There is no change to the landscaping or parking areas by more than fifteen percent;
C. If there are any changes to landscaping or parking areas, they must meet existing city codes and standards as well as be approved by the planning commission. (Ord. 460 §2, 2012)
17.26.030 Uses subject to site plan review.
In the HC district, the following uses are subject to the site plan review:
A. Retail sales and service located within a building;
B. Banks;
C. Hotel, motel, inn, bed and breakfast inn;
D. Art, music, and dance studio;
E. Restaurant, sit down;
F. Art galleries;
G. Residential hotel;
H. Places of assembly, as approved by the fire marshal;
I. Self-service laundry;
J. Specialty groceries up to one thousand five hundred square feet. (Ord. 460 §3, 2012)
17.26.040 Uses subject to a conditional use permit.
In the HC district, the following uses are subject to the issuance of a conditional use permit:
A. Vehicle rental agency;
B. Church and/or other place of worship;
C. Tavern, nightclub, and/or cocktail lounge;
D. Restaurant-–take out;
E. Residential use, multiple-family, no more than one unit per three thousand five hundred square feet of land area or conversion of second floor of existing building;
F. Historical retail business conducted on the premises and that is not objectionable due to noise, odor, dust, smoke, vibration or similar causes and which does not contain more than three thousand square feet of floor area or that employs more than five persons at any one time such as bakeries, print or photocopy shops, dry cleaners, electronic appliance repair shops, shoe repair, flower shops, upholstery shops, cabinet shops and other uses considered to be similar in the opinion of the planning commission;
G. Theaters. (Ord. 460 §4, 2012)
17.26.050 Temporary uses.
The following are uses permitted for a period not to exceed eighteen months or the duration of the permit, whichever is shorter:
A. Temporary subdivision directional signs;
B. Continued use of an existing building during construction of a new building on the same site;
C. Retail sales outside of a building;
D. Sidewalk sales;
E. Musical events. (Ord. 460 §5, 2012)
17.26.060 Site development standards.
Site development standards in the HC district are as follows:
A. Minimum lot area for new lots, twenty-five hundred square feet;
B. Building coverage, fifty percent maximum;
C. Maximum building height, forty feet;
D. Lot width, reviewed by planning commission on a case-by-case basis;
E. Lot depth, reviewed by planning commission on a case-by-case basis;
F. Setbacks.
1. Front yard, reviewed by planning commission on case-by-case basis.
2. Side yard, reviewed by planning commission on case-by-case basis.
3. Rear yard, reviewed by planning commission on case-by-case basis;
G. Parking. See Section 17.69.110. (Ord. 494 §1, 2019: Ord. 460 §6, 2012)
17.26.070 Demolition or removal of buildings.
No building of special historical interest or value, or of the Mother Lode type of architecture, situated within the historical district and fronting upon any of the streets or alleys within or bounding said district, shall be torn down, demolished or removed, unless such building is or will become so damaged or dilapidated, whether from damage by fire or other elements or from natural deterioration, that it is unusable and cannot reasonably be repaired or restored. (Ord. 460 §7, 2012)
17.26.080 Construction or alteration of buildings or structures.
All buildings or structures which may hereafter be constructed or altered as to their exterior appearance, situated within the historical commercial district and fronting upon the streets or alleys within or bounding said district, shall as to their exterior appearance within public view substantially conform with the Mother Lode architectural style. A determination of conformity with the Mother Lode architectural style, as defined in Chapter 17.09, shall be made by the planning commission unless otherwise specified.
Construction of new buildings or structures in the historical commercial district shall require planning commission approval. Alterations to building exteriors or structures in the historical commercial district that do not replace like materials and design with like materials and design shall require planning commission approval. Alterations to building exteriors or structures in the historical commercial district that replace like materials and design with like materials and design may be approved administratively by the city planner. Where a question exists as to the extent of the exterior alteration to a building or structure or where an alternative but similar material or design is proposed, the city planner may, at his or her discretion, refer the matter to the planning commission.
The Mother Lode architectural style generally involves the use of wood, stone and brick as primary materials, and is characterized by such design features, among others, as gabled or shed roofs, tall and narrow windows and doors, dormer windows, iron or wooden shutters, balconies, wooden or canvas-like awnings and ornamental scroll work. The determination of whether a building conforms with the Mother Lode architectural style shall include all factors which affect the external appearance of the building, including, without limitation, architectural elevations, building materials, colors, finish, lighting, ornamental devices and signs as described in the Secretary of the Interior’s Standard for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings manual with corresponding color charts.
Planning commission approvals required pursuant to this section shall require public noticing and a public hearing. The preceding does not pertain to signs in the historical commercial district which are addressed in Section 17.26.090. (Ord. 486 §3(part), 2019: Ord. 460 §8, 2012)
17.26.090 Signs.
No signs shall be placed, erected, altered or relocated on any property within the historical district unless such sign shall as to its exterior appearance be compatible with the Mother Lode architectural style, and unless it complies with all of the following requirements and is approved by the planning commission without the necessity for public noticing or a public hearing unless such signs otherwise require a variance or conditional use permit in which case public noticing and a public hearing shall be required:
A. No sign shall be allowed except a sign which identifies or advertises the business conducted on the premises.
B. Each sign shall be affixed to a building, except that where a building is set back from the street to such extent that a sign affixed to the building would not be within reasonable view from the street, then a sign need not be so affixed, but may be located in some other manner as the planning commission shall approve.
C. No sign shall project more than six feet from the face or vertical surface of the building where applicable. Sign must not constitute a hazard to pedestrians or vehicular traffic.
D. No sign shall project above the eave or the parapet line of the building.
E. The total aggregate area per any one parcel for attached on-site signs shall not exceed ten percent of the building facade excluding parapets and/or false fronts and in no case shall exceed fifty square feet of the total sign area. If a single business entity having public customer entrances on two or more sides of a building, the building owner may choose which building facade is most beneficial to use as the ten percent of the facade area.
F. The area of an irregular sign shall be the area of the smallest rectangle which can wholly contain all the sign text and graphics.
G. No sign shall contain any flashing, blinking, or moving letters, characters, or other elements, and the sign itself shall not move.
H. No sign shall contain any outline tubing.
I. Sandwich board signs or A-board signs shall be allowed under the following conditions:
1. The business/building owner must submit a sign permit application;
2. The sign shall not be made of plastic;
3. The sign must be historical in nature (wood, metal, scroll writing, etc.);
4. Sign must be approved by the planning commission.
J. Neon signs or signs containing any outline tubing which are to be located inside a building and which area is designed to be seen from the outside of the building are prohibited. Any sign in violation of this subsection shall be removed immediately. (Ord. 486 §3(part), 2019: Ord. 460 §9, 2012)
17.26.100 Master sign plan.
In the event that a new building has multiple tenants, a master sign plan shall be required prior to the occupancy of the building and approved by the planning commission. Property owners with existing buildings with multiple tenants may submit a master sign plan for their building and be approved by the planning commission. The planning commission may require a building with more than one tenant to submit a master sign plan. (Ord. 460 §10, 2012)
17.26.110 Exempted signs.
The provisions of this chapter shall not apply to the following signs:
A. Signs located on property which is zoned for residential use pursuant to this chapter as amended, or any other zoning ordinance which may hereafter be adopted;
B. Official notices issued by a court of public body or officer, and notices posted by any public officer in the performance of a public duty, or by any person in giving legal notice;
C. Directional signs not exceeding four square feet in area for off-street parking and loading facilities;
D. Signs not exceeding four square feet in area pertaining to the sale, lease or rental of the property on which such signs are placed;
E. Temporary political, election or campaign signs not exceeding four square feet in area;
F. Professional signs not exceeding four square feet in area;
G. Church signs not exceeding four square feet in area;
H. Temporary construction signs, not exceeding twenty-four square feet, identifying a building under construction, or the contractor or architect therefor; provided, that such a sign shall be removed upon the expiration of six months after its erection, or upon the completion of the building, whichever event shall first occur. (Ord. 460 §11, 2012)
17.26.120 Nonconforming signs.
Any lawful sign existing at the time of adoption of the ordinance codified in this chapter may be continued although such sign does not comply with the provisions of this chapter, subject to the following conditions and requirements:
A. No such sign shall be enlarged in area or changed to any other nonconforming sign;
B. If such sign is removed or destroyed, it may not be replaced except in compliance with all the requirements of this chapter;
C. Such nonconforming signs shall either be removed or shall be altered or relocated so as to comply with all of the provisions of this chapter, not later than five years after the final adoption of the ordinance codified in this chapter;
D. All signs shall be removed within seven days of business closure. If not done in thirty days of final day of operation, the property owner will be cited. (Ord. 460 §12, 2012)
17.26.130 Permits--Applications.
Application of permits of this chapter shall be in writing and shall be filed with the city planning department. Applications shall, in such forms, contain or be accompanied by such information or materials as the planning department may require. (Ord. 460 §13, 2012)
17.26.140 Permits under California Building Codes.
Upon filing of an application for a permit under the California Building Codes, California Residential Building Codes, California Green Codes, et al., pertaining to any matter for which a permit is also required by this chapter, the building inspector shall immediately give written notice of such filing to the planning director, and no permit shall be issued by the building inspector unless the permit required by this chapter has been issued. (Ord. 460 §14, 2012)
17.26.150 Applications--Decision of the planning commission.
A. Upon filing of an application for a permit under this chapter, the planning commission shall promptly consider the matter and shall either grant or deny such permit. Before making such a decision, the planning commission may consult with the applicant with the view of recommending modifications in the proposal set forth in the application, and may consult with historians, architects, and persons schooled in the fine arts. Consideration of the application may, if necessary, be continued from time to time.
B. Written notice of the planning commission decision shall be mailed to the applicant, and a copy of such notice shall be maintained at the community development department. (Ord. 486 §3(part), 2019: Ord. 460 §15, 2012)
17.26.160 Appeal to the city council.
A. Any applicant for a permit hereunder who is dissatisfied with the decision of the planning commission may appeal such decision to the city council by filing with the city clerk a written notice of appeal. Such notice must be filed within fifteen days after the date on which the notice of the decision of the planning commission is mailed to the applicant and shall set forth the specific ground or grounds of said appeal.
B. The city clerk shall set the matter for consideration before the city council and shall cause notice thereof to be mailed to the applicant not less than five days before the matter is considered by the city council. Consideration of the matter may be continued from time to time, and upon the conclusion thereof, the city council shall make a final decision in the matter. (Ord. 486 §3(part), 2019: Ord. 460 §16, 2012)
17.26.170 Permits--Duration.
All permits under this chapter shall expire one year after the date they are issued, unless the matter for which the permit is issued is substantially undertaken before such time period elapses and is diligently pursued thereafter. (Ord. 460 §17, 2012)
17.26.180 Permits--Violations--Duration.
It is unlawful for any persons to proceed under any permit in a manner which constitutes a material variance for the terms of the permit or the representations on which it was issued, and in the event of such violation, the permit may be cancelled forthwith by action of the city council. (Ord. 460 §18, 2012)
17.26.190 Scope of provisions--Conflicting provisions.
The regulations contained in this chapter are additional to those set forth in this title as amended, and other ordinances; provided, however, that in the event of any conflict, the provisions of this chapter shall prevail. (Ord. 460 §19, 2012)
17.26.200 Violation--Penalty.
Any person violating the provisions of this chapter shall be guilty of an infraction. (Ord. 514 §3 (Att. G), 2021; Ord. 460 §20, 2012)