Chapter 18.74
Cultural Resource Protection
Sections:
18.74.030 Historic Landmark Designation
18.74.040 Certificate of Appropriateness - Requirements
18.74.050 Certificate of Appropriateness - Review and Approval
18.74.060 Certificate of Appropriateness - Proposed Demolition
18.74.070 Certificate of Appropriateness - Disaster Damage
18.74.080 Adaptive Reuse and Other Rehabilitation Incentives
18.74.090 Duty to Maintain and Repair
18.74.100 Unsafe or Dangerous Condition
18.74.010 - Purpose of Chapter
A. Purpose. This Chapter provides procedures and requirements that are intended to protect sites and structures identified by the community as culturally and/or historically significant, that contribute to Fort Bragg’s character and identity, and that should be preserved and/or restored.
B. Benefits to be derived from historic preservation activities. The following benefits are intended to be illustrative of those available to property owners who participate in historic preservation activities:
1. State Historic Building Code. Use of the State Historic Building Code (SHBC) and the Uniform Code for Building Conservation (UCBC), rather than the Uniform Building Code (UBC).
2. Secretary of the Interior’s Standards for Rehabilitation. Use of the Secretary of the Interior’s Standards for Rehabilitation.
3. Waiver of standards. Waiver of Development Code standards (e.g., reduced off-street parking), in compliance with § 18.74.080 (Adaptive Reuse and Other Rehabilitation Incentives).
4. Approval of a land use not otherwise allowed. The approval of a change to a land use that is not otherwise allowed in the subject zoning district, but which is allowed in other zoning districts, in compliance with § 18.74.080 (Adaptive Reuse and Other Rehabilitation Incentives).
5. Mortgage program tailored for rehabilitation. The Department of Housing and Urban Development’s Federal Housing Administration (FHA) has a flexible loan program that helps developers, investors, and families at all income levels to buy and restore properties in urban and rural historic districts. The program operates through FHA approved lending institutions, and the loans are insured by the FHA.
6. Federal financial assistance for rural buildings. The U.S. Department of Agriculture’s Rural Housing Service offers funds for the acquisition, construction, rehabilitation, or repair of homes and apartment-style housing for low and moderate income people in rural areas.
7. Federal tax incentives. Federal tax incentives for historic preservation for the rehabilitation of income-producing (commercial, industrial, or rental residential) structures included on the National Register of Historic Places (or those within a National Register district) through the State Historic Preservation Officer (SHPO).
8. Financial assistance from the National Trust Forum. The National Trust Forum offers financial assistance in the form of grants and loans.
9. State tax incentives. California property tax abatement incentives were first enacted in 1972 and are available for use by owner-occupied residential and commercial structures (also known as the Mills Act).
(Ord. 930, § 2, passed 06-12-2017)
18.74.020 - Applicability
A. Compliance with chapter. No person shall alter the exterior of, construct improvements to, or demolish any historic structure except in compliance with the provisions of this Chapter, which shall include the analysis required by the California Environmental Quality Act (CEQA) and Chapter 18.72 (Environmental Impact Assessment and Mitigation Monitoring) to determine historic significance, and the effects of the proposed alterations.
B. Historic resource defined. For purposes of this Chapter, the term “historic resource” is defined as a structure or site listed in the National Register of Historic Places (either individually or as contributing to a district), a property designated as a landmark or monument, a property contributing to a district listed in the National Register of Historic Places or a landmark district, or a property identified in an intensive-level historic resources survey as qualifying for a historic designation (either individually or as part of a district).
C. Definition of other terms and phrases. The terms and phrases used in this Chapter are defined in Article 10 (Definitions).
D. Responsibility to maintain. The owner or person in control of a historic resource (e.g., structure or site) has the responsibility to maintain the resource in good repair in compliance with § 18.74.090 (Duty to Maintain and Repair).
(Ord. 930, § 2, passed 06-12-2017)
18.74.030 - Historic Landmark Designation
The Council may designate an improvement, natural feature, or site as a historic landmark and any area within the City as a historic district in compliance with this Section, based on the Council’s evaluation of the age of the subject structure(s), distinguishing characteristics, distinct geographical area, familiar visual feature(s), significant achievement, and/or other distinctive features.
A. Procedure. The designation of a historic landmark or district on Fort Bragg’s Historic Register, or the removal of a historic landmark or district from the register, shall comply with the procedures established by this Development Code for amendments (Chapter 18.94), including public notice and hearings in compliance with State law, a recommendation by the Commission, and a final decision by the Council.
B. Permit issuance during nomination process. No permit for any improvement or structure within a proposed historic district or relative to a nominated historic landmark shall be issued while the nomination process is pending.
C. Initiation of nomination process.
1. Either the City or a property owner(s) may initiate a program for nomination of a historic resource (Program CD-6.1.6).
2. Initiation shall comply with the procedures established by this Development Code for amendments in compliance with Chapter 18.94 (Amendments).
3. The nomination/amendment, if approved, would result in a historic district designation.
D. Placement on the Historic Register. The nominated district, site, or structure shall be placed on the Historic Register after being officially accepted by the Council, and the designation shall be recorded for each affected parcel in the Office of the County Recorder.
E. Removal from the Historic Register.
1. A designated local historic resource may only be removed from the Historic Register in the following cases:
a. When a certificate of appropriateness has been approved for demolition; or
b. After 5 years of being designated, the property owner may submit a de-nomination statement outlining reasons for removal from the Register. The de-nomination request shall be processed in compliance with the procedure for nomination listed above. The de-nomination statement shall provide written proof and documentation that the findings used to designate the structure were largely in error, or that new information has been discovered, material to the decision to designate the resource, which was not discovered through the exercise of due diligence at the time of the original designation.
2. If delisting a designated resource is proposed, the lead agency shall conduct environmental review in compliance with the California Environmental Quality Act (CEQA) and Chapter 18.72 (Environmental Impact Assessment and Mitigation Monitoring), as they relate to historic resources.
(Ord. 930, § 2, passed 06-12-2017)
18.74.040 - Certificate of Appropriateness - Requirements
A. Purpose. A certificate of appropriateness (COA) is intended to protect structures, improvements, natural features, objects, and areas of architectural, cultural, economic, historic, political, and social importance from unnecessary and/or inappropriate alteration, demolition, or removal.
B. Applicability.
1. COA required. A COA is required for the alteration, demolition, moving, or removal of any landmark or structure designated on the City’s Historic Register, any individual historic resource, or any contributing historic resource within a historic district, and for any alteration, demolition, moving, or removal of any potential historic resource identified through the City’s review of a land use and/or development permit application or CEQA review, by the City, any agent of the City, or a private party.
2. Activities exempt from a COA. Activities that are exempt from the requirements for a COA are interior remodeling and ordinary repair and maintenance activities that do not alter the physical features or architectural appearance of the exterior of a historic resource.
3. A COA shall:
a. Be required in addition to and processed concurrently with any other permits required by this Development Code; and
b. Accompany any permit or any work otherwise altering the exterior architectural features or appearance of the resource.
4. Alteration defined. For the purposes of this Chapter, the term “alteration” shall be defined as any act or process, through private or public action, that changes the specified character defining a historic resource or significant physical features or architectural appearance of the exterior of a historic resource, including additions, new construction, reconstruction, or removal of any resource.
5. Changes in character defined. For the purposes of this Chapter, the phrase “changes in character” shall be defined to include modification of the exterior of a structure, architectural detail, surface paving, the addition of new structures, the cutting or removal of trees, landscaping and other natural features, the disturbance of archaeological sites or areas, and the placement or removal of any significant objects (e.g., fences, landscaping, and accessories, light fixtures, plaques, signs) affecting the significant visual or historical qualities of the property.
6. Waiver of development standards. When approving a COA, the review authority may allow, as a form of incentive, a waiver of specified development standards for a designated historic resource, in compliance with § 18.74.080(C) (Types of incentives allowed).
C. Application preparation and filing. A COA application shall be filed with the Department. The application shall include plans and specifications showing the proposed change in architectural appearance, color and texture of materials, the proposed architectural design of the structure, and any additional information identified in the Department handout for certificates of appropriateness, or as may be required by the Director. The application shall also show the relationship of the proposed work to the surrounding environs. A COA application may propose discreet alterations of a historic resource or may propose a long-term plan of rehabilitation and preservation of a particular resource.
D. Application for demolition. An application for demolition of a historic resource, a structure within a historic district, or for new construction on a historic resource property shall include plans and specifications for the proposed new structure or addition and shall include information pertaining to landscaping, massing, relationship to site and streetscape, scale, and signs. The application shall be accompanied by any additional information identified in the Department handout for certificates of appropriateness, or as may be required by the Director for an informed evaluation of the proposed work.
E. Within a historic district.
1. Both individual resources and contributing resources are subject to all certificates of appropriateness findings and requirements.
2. Noncontributing resources are not subject to the requirements of this Section, but will be reviewed to ensure that proposed development on the noncontributing property will not degrade the historical character of the historic district.
F. CEQA. The review and approval of a COA shall require environmental review in compliance with the California Environmental Quality Act (CEQA) and Chapter 18.72 (Environmental Impact Assessment and Mitigation Monitoring), as they relate to historic resources.
(Ord. 930, § 2, passed 06-12-2017)
18.74.050 - Certificate of Appropriateness - Review and Approval
A public hearing shall be scheduled for a COA as soon as practicable after receipt of the application.
A. Public notice and hearing required. Notice of the public hearing shall be given at least 10 days before the hearing by mailing to the property owner of record and all owners of property within 300 feet of the exterior boundaries of the subject site, and by publication in a newspaper of general circulation within the City in compliance with Chapter 18.96 (Public Hearings).
B. Review and approval.
1. Authority of the Commission. The Commission may approve or disapprove a COA, in whole or in part. Notice of the Commission’s decision shall be sent to the applicant and owners and occupants of the subject property within 10 days of the date of the decision.
2. Authority of the Director.
a. The Director may approve a COA for a proposal for minor architectural elements and details, paint or other colorings or finishes, minor site improvements, or signs.
b. The Director may also approve fences, replacement in-kind of windows, doors, roofs, or exterior materials, or proposals which are determined by the Director to be ordinary maintenance or repair, and which are conducted in a manner that preserves the archaeological, cultural, and historic value of the historic resource through conformance with any applicable prescriptive standards and/or design guidelines adopted by the City, and/or the guidelines of the Secretary of the Interior’s Standards for Rehabilitation.
c. Director approval of a COA shall first require making all of the findings required by Subsection (D) of this Section (Findings for certificate of appropriateness).
d. Minor changes or modifications to a COA can be approved by the Director, even if the Director was not the review authority.
e. The Director may defer action and refer a COA application to the Commission for a hearing and final decision.
3. Criteria for review.
a. In evaluating a COA application, the review authority shall use any applicable design guidelines and the Secretary of the Interior’s Standards for Rehabilitation and shall consider the factors (e.g., the existing and proposed architectural style, arrangement, color, design, materials, and texture to be used) with regard to the original distinguishing architectural characteristics of the historic resource.
b. In addition, the Director may require that the proposed work be reviewed by a preservation architect.
c. Wherever feasible, the State Historic Building Code (SHBC) and the Uniform Code for Building Conservation (UCBC) shall be used in allowing any alteration to a historic resource.
C. Investigation for COA. The review authority may require the applicant to furnish material evidence, including detailed and fully dimensioned plans, architectural drawings and sketches, and data/materials identified in the Department handout for certificates of appropriateness, or as may be required by the Director. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection (D) of this Section (Findings for certificate of appropriateness).
D. Findings for certificate of appropriateness.
1. Alterations, generally. A COA shall be issued for a proposed alteration only if the review authority first finds that:
a. The proposed work will neither adversely affect the significant architectural features of the historic resource nor adversely affect the character or historic, architectural, aesthetic interest, or value of the historic resource and its site;
b. The proposed work conforms to any prescriptive standards and design guidelines adopted by the City for the particular resource, and to the Secretary of the Interior’s Standards for Rehabilitation, and does not adversely affect the character of the historic resource; and
c. In the case of construction of a new improvement upon a historic resource property, the use and design of the improvement shall not adversely affect, and shall be compatible with, the use and design of existing historic resources within the same historic district.
2. Alterations found not to be adverse. The effect of alteration on a historic resource that would otherwise be found to be adverse may be considered not adverse for the purpose of this Section when the alteration is:
a. Limited to the rehabilitation or restoration of improvements; and
b. Conducted in a manner that preserves the archaeological, cultural, and historic value of the historic resource through conformance with any prescriptive standards and design guidelines adopted by the City for that historic resource, historic resource property, or historic district, and to the Secretary of the Interior’s Standards for Rehabilitation.
E. Conditions for certificate of appropriateness. The review authority may approve a COA subject to any condition deemed reasonable, necessary, or desirable to effect the purposes of this Chapter. The conditions shall be covenants running with the land.
F. Period of validity of certificate of appropriateness.
1. A COA shall become void unless construction is commenced within 24 months from the date of approval.
2. A COA may be extended by the Director for an additional 24 months by applying to the Department a minimum of 30 days before expiration of the COA.
3. A COA may be extended only once, and a new COA is required thereafter.
4. If the project is not completed within 24 months after the expiration of the last Building Permit, a new COA shall be required to complete the work.
(Ord. 930, § 2, passed 06-12-2017)
18.74.060 - Certificate of Appropriateness - Proposed Demolition
The following requirements shall apply in cases involving the proposed demolition of a historic resource, in addition to all other applicable provisions of this Chapter:
A. Research required. Appropriate archival research shall be conducted to determine the cultural and historic significance of any historic resource proposed for demolition in compliance with this Section. All costs associated with the research effort shall be paid for by the project proponent.
B. Required findings. Following a public hearing conducted in compliance with Chapter 18.96 (Public Hearings), the Commission shall approve a COA for the demolition of a historic resource only in conjunction with the concurrent approval of a proposed replacement project, and only after first making all of the following findings:
1. The historic resource cannot be remodeled, rehabilitated, or reused in a manner that would allow:
a. A reasonable use; or
b. A reasonable rate of return.
2. The repair and/or renovation of the historic resource are not feasible or the Building Official has determined that the structure represents an imminent safety hazard (Program CD-6.2.3).
3. Disapproval of the application will diminish the value of the subject property so as to leave substantially no value.
C. Justifiable hardships. Personal, family, or financial difficulties, loss of prospective profits and Building Code violations shall not justify the issuance of a COA in compliance with Subsection (D) of this Section (Economic hardship).
D. Economic hardship.
1. Only in cases of economic hardship. Demolition that is not in compliance with the findings required by Subsection (B) of this Section may be approved only in cases of economic hardship.
2. Economic hardship defined. A substantial cost to the property owner that is patently unreasonable in comparison to the benefit conferred to the community should the owner be limited to following the guidelines for preserving or protecting the subject property.
3. Required findings. In order to approve demolition on the basis of economic hardship, the Commission shall first find all of the following:
a. The sale or rental of the property is impractical when compared to the cost of holding the property for uses allowed in the subject zoning district;
b. An adaptive reuse study has been conducted and found that utilization of the property for lawful purposes is prohibited or impractical;
c. Disapproval would substantially diminish the value of the property;
d. Disapproval would unreasonably damage the owner of the property in comparison to the benefit conferred on the community;
e. All means involving City sponsored incentives (e.g., amendments to this Development Code, building code modifications, financial assistance, and/or grants) have been explored to relieve the economic hardship;
f. Without approval of the proposed construction, demolition, exterior alteration, remodeling, or removal, the reasonable use of or return from a designated landmark or property within a historic district will be denied to a property owner; and
g. In the case of a proposed demolition, the Director shall make an additional finding that the designated landmark cannot be remodeled or rehabilitated in a manner that would allow a reasonable use of or return from the property to the owner.
E. Effect of demolition.
1. If approval of a COA will result in the demolition of a historic resource, the applicant shall be required to memorialize the resource proposed for demolition in compliance with the standards of the Historic American Building Survey (HABS).
2. The documentation may include an archaeological survey, floor plans, measured drawings, photographic records, or other documentation specified by the Commission (Program CD-6.2.2).
3. When appropriate, the Commission may require that a memorialization of the resource be incorporated into the proposed redevelopment of the site including the following:
a. Book or pamphlet;
b. Photographic display;
c. Small museum or exhibit;
d. Use of original architectural fixtures; and/or
e. Other methods deemed appropriate by the Commission.
F. One-hundred-twenty-day waiting period. If the COA is approved, the demolition shall be allowed only after the 120-day waiting period has expired in order to allow interested parties time to purchase and move the historic resource.
(Ord. 930, § 2, passed 06-12-2017)
18.74.070 - Certificate of Appropriateness - Disaster Damage
A COA is required to add to, alter, demolish, reconstruct, repair, replace, or restore a disaster-damaged historic resource in compliance with this Development Code, except where the Building Official determines that an unsafe or dangerous condition exists in compliance with § 18.74.100 (Unsafe or Dangerous Condition).
(Ord. 930, § 2, passed 06-12-2017)
18.74.080 - Adaptive Reuse and Other Rehabilitation Incentives
A. Purpose.
1. The rehabilitation incentives provided by this Section are intended to encourage the maintenance, preservation, and rehabilitation of historic resources in the City, recognizing that maintaining and rehabilitating a historic resource places increased burdens on the affected property owner.
2. These rehabilitation incentives are intended to reduce those burdens so that property owners will be encouraged to invest in maintaining the City’s historic resources.
B. Applicability.
1. Upon designation of a structure or improvement as a designated historic resource, the property owner may apply to the City for guidance and assistance in rehabilitating the resource.
2. The application for rehabilitation incentives is considered the necessary planning permit; the applicant need not submit additional applications for other permits required by this Development Code, but shall comply with any City requirements for a Building Permit, Grading Permit, etc.
C. Types of incentives allowed. The Commission or Council may grant any or all of the following rehabilitation incentives:
1. Adaptive reuse, including the approval of a change to a land use that is not otherwise allowed in the subject zoning district, but which is allowed in other zoning districts;
2. Mills Act agreements;
3. Permit fee waivers; and/or
4. Reduction and/or substantial modification in the development standards of this Development Code.
D. Application content. Applications shall include the information required by the Director.
E. Review and approval of rehabilitation incentives.
1. Hearing and action.
a. The review authority shall hold a public hearing to determine the eligibility of a property for rehabilitation incentives and shall, by resolution, approve or disapprove any incentives.
b. The action of the Commission on a Mills Act agreement shall be a written recommendation to the Council. The Council has final approval authority in Mills Act decisions.
c. Public notice for the hearing shall comply with State law and Chapter 18.96 (Public Hearings).
2. Required findings for approval. The review authority may recommend or grant rehabilitation incentives, only after first making all of the following findings:
a. Findings for all incentives.
i) Each incentive to be granted serves to compensate the property owner for the increased burden, in terms of maintenance and expense, that the rehabilitation would entail;
ii) No approved incentive would impair the aesthetic, architectural, or historic integrity of the resource; and
iii) No proposed incentive would be detrimental to the public health, safety, or general welfare.
b. Findings for adaptive reuse. In addition to the above findings, the review authority shall first make the following findings before granting approval of an adaptive reuse:
i) The change of use would occupy no more floor area than the original use;
ii) The proposed use would not significantly impair the physical character of the area in which it is located; and
iii) The change of use would result in substantial restoration of the significant and architectural features or exterior architectural appearance of the resource, and/or will result in a maintenance plan that will ensure the upkeep and continued maintenance of the resource over the expected life of the project.
3. Conditions of approval. In approving rehabilitation incentives, the review authority may impose any conditions of approval deemed reasonable and necessary to ensure compatibility between the new use and the surrounding area.
(Ord. 930, § 2, passed 06-12-2017)
18.74.090 - Duty to Maintain and Repair
A. Responsibility to maintain and repair. The owner, occupant, or other person in actual charge of a historic resource shall keep in good repair all of the exterior portions of the improvement, structure, and all interior portions whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature and any other specifically designated features of the property.
B. Failure to maintain. If periodic maintenance and upkeep are not done, and the resource falls into disrepair, the fact that it is in disrepair may not be used as justification for demolition or any other alteration which would cause adverse effect as defined in this Chapter.
(Ord. 930, § 2, passed 06-12-2017)
18.74.100 - Unsafe or Dangerous Condition
A. Imminent hazard. In the case of damage to a structure that is the result of an isolated incident, the Director may approve a COA for a structure for which there is a threat of imminent hazard as determined by the Building Official, without public notice.
B. Widespread damage. In the case of widespread damage to structures throughout the City (e.g., from an earthquake), the Director shall stay all notices to demolish designated or potential historic resources, including all structures in designated or potential districts, until a structural engineer with expertise in the restoration of historic structures has evaluated the nature and extent of the damage to each structure, and recommended steps to stabilize each structure.
C. Evaluation of damage. The City shall isolate damaged structures to allow persons with appropriate expertise to further evaluate the damage.
D. Action in case structure cannot be stabilized. In cases where a structural engineer with expertise in the restoration of historic structures has determined that the structure cannot be stabilized, the Director may issue a COA for the demolition of 1 or more structures.
(Ord. 930, § 2, passed 06-12-2017)