Article XIII.
Historic Preservation Ordinance

25.1901 Purpose.

The City has a governmental interest in the preservation of historic resources in order to:

A.    Safeguard the heritage of the City of Fairfield by preserving and perpetuating locations, areas, places, sites, buildings, structures, monuments, works of art, and other objects or things which reflect elements of the City’s history;

B.    Encourage public knowledge, understanding and appreciation of the City’s past;

C.    Foster civic and neighborhood pride, and a sense of identity for the City based on its history;

D.    Provide benefits to owners of designated historic resources through applicable state and federal laws;

E.    Delay the sudden, arbitrary or capricious destruction or removal of historical resources when such action would have the effect of destroying or changing the historical significance of the resource; and

F.    Protect and enhance the City of Fairfield’s attraction to residents, tourists and visitors.

25.1902 Definitions.

"Alteration” is any exterior change to or exterior modification of an HISTORIC LANDMARK or any modification of interior features that are subject to the resolution designating an HISTORIC LANDMARK.

"City” shall mean the City of Fairfield.

"Historic District” is a geographically definable area within the City of Fairfield designated by the City Council as meeting one or more of the criteria described in Section 25.1906(A).

"Historic Landmark” is a site, structure, or building included in the Fairfield INVENTORY OF HISTORIC RESOURCES and designated as an HISTORIC LANDMARK by the City Council.

"Historic Resource” is any site, structure or building listed on the Fairfield INVENTORY OF HISTORIC RESOURCES.

"Inventory of Historic Resources” is a list of sites, structures or buildings whose historic, aesthetic, cultural, political, archaeological or social significance makes them worthy of preservation, and which has been adopted by the City Council.

"Landmark” shall mean HISTORIC LANDMARK.

25.1903 Inventory of Historic Resources.

A.    Establishment of Fairfield Inventory of Historic Resources. The Open Space Commission shall prepare an Inventory of Historic Resources for recommendation to the Planning Commission and adoption by the City Council.

B.    Criteria for Inclusion on the Inventory. To be included on the Fairfield Inventory of Historic Resources, a resource must be located within the City Limits of the City of Fairfield. In addition, the resource must exhibit any of the following:

1.    Character, interest or value as a significant part of the heritage of the City;

2.    A location as a site of a significant historic event;

3.    Identification with a person or persons who significantly contribute to the culture and development of the city, the state or the nation;

4.    Exemplification of a particular architectural style or way of life;

5.    Exemplification of the best remaining architectural type in the city;

6.    Identification as the creation, design or work of a person or persons whose efforts has significantly influenced the heritage of the city, the state or the nation;

7.    A relationship to any other historic resource if its preservation is essential to the integrity of the other historic resource; or

8.    The potential of yielding significant information of archeological or historical information.

Resources which are listed on the National Register of Historic Places or California Register of Historical Resources will be automatically included on the Fairfield Inventory of Historic Resources.

C.    Update of Inventory. From time to time, the City Council may add or delete items from the Inventory of Historic Resources, upon recommendation of the Open Space Commission and Planning Commission.

25.1904 Designation of Historic Landmarks.

A.    Criteria for Designation of Historic Landmarks. A proposed historic landmark must be included on the Fairfield Inventory of Historic Resources.

B.    Procedure for Designating Historic Landmarks.

1.    The owners of an Historic Resource may request that it be designated as an Historic Landmark by submitting an application to the Fairfield Department of Planning and Development. The application shall be filed and processed in compliance with Section 25.402 of the Zoning Ordinance.

2.    The Department of Planning and Development shall conduct a study of the Historic Resource to determine whether the property contains one or more of the relevant characteristics for Landmark designation, the extent of the property for designation, and the appropriate conditions of such designation.

3.    The City Council shall hold a public hearing and the request shall be approved, conditionally approved or denied by resolution. Each designating resolution shall include a description of the characteristics of the landmark which justifies its designation, and a description of the particular features that shall be preserved. The action of the City Council is final.

C.    Terms of Designation. The designation of Historic Landmark shall run with the land and be binding upon subsequent owners of the real property. Upon designation, the real property owner shall sign a certificate of land designation. The City shall file the certificate for recording with the County Recorder.

D.    Duty to Keep in Good Repair. The owner, occupant or other person in actual charge of an Historic Landmark shall keep in good repair all of the exterior portions of the Landmark, all of the interior portions when subject to conditions in the designating resolution, and all interior portions whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature.

E.    Fees for Designation as an Historic Landmark. The City shall not charge a fee for processing an application for Historic Landmark designation.

25.1905 Benefits Available to Historic Landmarks.

A.    Mills Act Agreement. The Mills Act (Government Code Sections 50280 - 50290) provides property tax relief to owners of qualified historic properties who agree to protect, preserve and maintain the historical and architectural character of the property. Upon request of the owner of an Historic Landmark, the City Council may elect to enter into a Mills Act Agreement with the owner. The Mills Act Agreement shall run with the land and be binding upon subsequent owners of the Historic Landmark. The City shall file the Mills Act Agreement for recording with the County Recorder.

B.    State Historic Building Code. The State Historic Building Code (Part 8, Title 24, C.C.R.) shall apply to all properties designated as Historic Landmarks.

C.    Priority for Funding. The City shall give the highest priority to Historic Landmarks when distributing grants or loans whose purpose is historic preservation.

D.    Plaque of Recognition. The City of Fairfield shall provide a plaque which identifies the designated resource as a City of Fairfield Historic Landmark. At the request of the owner of the Landmark, the Plaque may provide relevant information about aspects of the Landmark which relate to its historic significance.

25.1906 Historic Districts.

A.    Designation of Historic Districts. After adoption of the Fairfield Inventory of Historic Resources, the Open Space Commission may recommend to the Planning Commission that the City Council establish one or more Historic Districts. The area proposed for inclusion of an historic district shall be characterized by one or more of the following:

1.    A majority of structures or properties are included on the Inventory of Historic Resources;

2.    The majority of the properties convey a sense of historic or architectural cohesiveness through their design, setting, materials or workmanship; and

3.    The area has historic significance or is associated with a historically significant period of the city.

B.    Actions to Preserve Historic Districts. The Open Space Commission may recommend to the Planning Commission that the City Council adopt special regulations and/or design guidelines for each Historic District in order to preserve its historic features.

C.    Benefits Available to Contributing Structures. Benefits listed in Section 25.1905 of this Article shall be made available to properties which contribute to the historic character of an Historic District.

25.1907 Permits for Changes to Designated Historic Landmarks.

A.    Permit Required. No person shall restore, rehabilitate, alter, develop, construct, demolish, remove or change the exterior appearance of any Historic Landmark or any interior features that are subject to the resolution designating the Historic Landmark without first having been granted a permit from the Department of Planning and Development.

B.    Application and Fees. The permit application shall be made on a form and in the manner specified by the Director of the Department of Planning and Development. No fee shall be charged for this permit.

C.    Review Standards. Where applicable, the following criteria shall be used in reviewing permit applications:

1.    Whether the proposed change is consistent or compatible with the architectural period of the landmark;

2.    Whether the proposed change is compatible with any adjacent or nearby Landmark structures or preservation district structures;

3.    Whether the colors, textures, materials, location and design of windows and doors, decorative features and details proposed are consistent with the period and/or are compatible with adjacent structures;

4.    Whether the proposed change destroys or adversely affects an important architectural feature or features; and

5.    The Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.

D.    Exceptions

1.    Normal Repair and Maintenance. Nothing in this Article shall be construed to prevent the ordinary maintenance or repair of any preserved character-defining feature that does not involve a change in design, material or external appearance.

2.    Correction of Unsafe Conditions. The provisions of this Article shall not prevent any construction, removal or demolition determined by the City’s Chief Building Official to be immediately necessary to correct an unsafe and dangerous condition. Only such work as is determined by the Chief Building Official to be necessary to correct the dangerous and unsafe condition may be performed pursuant to the provisions of this section. In the event that any Historic Landmark or any structure or building within a Historic District is damaged by fire or other calamity to such an extent that, in the determination of the Building Official, it cannot feasibly be repaired or restored, it may be demolished in conformity with normal building permit procedures and applicable laws and regulations.

E.    Appeals. Any decision authorized by this Article which is made by staff of the Department of Planning and Development may be appealed to the Open Space Commission. Any such decision of the Open Space Commission may be appealed to the City Council. Appeals shall be filed and processed in accordance with Section 25.405 of the Zoning Ordinance.

25.1908 Demolition or Removal of Structures Included on inventory of Historic Resources.

A.    Notice Required. Written notice shall be provided to the Department of Planning and Development at least 180 days prior to demolition or removal of any structure included on the Inventory of Historic Resources.

B.    Preservation Actions. During the 180-day period, the City shall review options for acquiring or otherwise preserving the historic resource. Historic Districts shall be considered a primary receiving area for relocated historic structures.

C.    Exceptions. The requirements for delay of demolition shall be waived if the City’s Chief Building Official determines that demolition is required for the safety of the public.