Chapter 17.68
HISTORIC AND CULTURAL RESOURCE PRESERVATION
Sections:
17.68.030 Historic Landmark Designation
17.68.040 Certificate of Appropriateness – General Requirements
17.68.050 Certificate of Appropriateness – Review and Approval
17.68.060 Certificate of Appropriateness – Proposed Demolition
17.68.070 Certificate of Appropriateness – Disaster Damage
17.68.080 Adaptive Re-Use and Other Rehabilitation Incentives
17.68.090 Duty to Maintain and Repair
17.68.100 Unsafe or Dangerous Condition
17.68.010 Purpose
The requirements of this chapter are intended to protect sites and structures identified by the community as culturally and/or historically significant, that contribute to the City’s character and identity, and that should be preserved and/or restored.
17.68.020 Applicability
No person shall alter the exterior of, construct improvements to, or demolish any historic structure except in compliance with requirements of this chapter, which shall include the analysis required by the California Environmental Quality Act (CEQA) to determine historic significance, and the effects of the proposed alterations.
17.68.030 Historic Landmark Designation
The Council may designate an improvement, natural feature, or site as an historic landmark and any area within the City as an historic district in compliance with this section, based on the Council’s evaluation of the age of the affected structures, distinguishing characteristics, distinct geographical area, familiar visual feature, significant achievement, and/or other distinctive feature.
A. Procedure. The designation of an historic landmark or district, or the removal of the designation of an historic landmark or district, shall comply with the procedure established by this Zoning Ordinance for amendments in Chapter 17.74, including public notice and a hearing in compliance with state law, 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. Placement on historic register. The nominated district, site, or structure shall be placed on the City’s historic register after being officially accepted by the Council, and the designation shall be recorded for each affected parcel in the office of the Monterey County recorder.
D. Removal from the historic register. A designated local resource may only be removed from the City’s historic register in the following cases:
1. When a Certificate of Appropriateness has been approved for demolition; or
2. After five 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 must 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.
If delisting a designated resource is proposed, environmental review shall be required in compliance with the California Environmental Quality Act (CEQA) as it relates to historic resources.
17.68.040 Certificate of Appropriateness – General 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. 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 cultural resource or any contributing cultural resource within a historic district, and for any alteration, demolition, moving, or removal of any potential cultural resource identified through the City’s review of a planning and/or construction permit application or CEQA review, by the City, any agent of the City, or a private party. A COA:
1. Shall be required in addition to any other permits required by this Zoning Ordinance; and
2. Shall accompany any permit or any work otherwise altering the architectural features or appearance of the resource.
Alteration shall mean any act or process, through private or public action, that changes the specified character defining a cultural resource or significant physical features or architectural appearance of a cultural resource, including the reconstruction, new construction additions, repair, restoration, rehabilitation, replacement or removal of any resource.
Changes in character include modification of a structure, architectural detail or visual characteristic (e.g., grading, paint color, surface texture), 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, steps, street furniture, and walls) affecting the significant visual or historical qualities of the property.
When approving a COA, the review authority may permit a waiver of development standards for designated cultural resources only.
C. Application preparation and filing. A Certificate of Appropriateness 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 required by 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 cultural 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 cultural 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 other information that the Director determines is required for an informed evaluation of the proposed work.
E. Application for a site within a historic district. Both individual resources and contributing resources are subject to all Certificate of Appropriateness findings and requirements. 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. If noncontributing resources are proposed to be demolished, a COA shall be required to ensure that the proposed development 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) as it relates to historic resources.
17.68.050 Certificate of Appropriateness – Review and Approval
A public hearing shall be scheduled for a Certificate of Appropriateness (COA) requiring Commission approval as soon as practicable after receipt of the application.
A. Public hearing notice. Notice of the public hearing shall be given in compliance with the requirements in Chapter 17.78 (Public Hearings).
B. Review and approval.
1. Criteria for review. 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 cultural resource. In addition, the Zoning Administrator may require that the proposed work be reviewed by a preservation architect. The actual work shall be completed by a preservation contractor or someone with demonstrated expertise in the field. Wherever feasible, the state Historic Building Code (SHBC) and the Uniform Code for Building Conservation (UCBC) shall be used in permitting any alteration to a cultural resource.
2. Authority of Planning Commission. The Commission may approve or deny a COA, in whole or in part. Notice of the Commission decision shall be sent to the applicant, owner and occupants of the property within 10 days of the date of the Commission decision.
3. Authority of Zoning Administrator. The Zoning Administrator may approve a COA for proposed minor architectural elements and details, paint or other colorings or finishes, minor site improvements, or signage. Zoning Administrator approval of a COA shall require making all of the findings required by Subsection D of this section, but does not require a public hearing or public notice. The Zoning Administrator may also approve fences, replacement of window glass, replacement in-kind of windows, doors, roofs, or exterior materials, or proposals which are determined by the Zoning Administrator to be ordinary maintenance or repair, and which are conducted in a manner that preserves the archaeological, cultural, and historic value of the cultural 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. Minor changes or modifications to a COA can be approved by the Zoning Administrator, even if the Zoning Administrator was not the approving body. The Zoning Administrator may refer any COA application to the Commission for hearing and decision.
C. Investigation for COA. The review authority may require the applicant to furnish material evidence, as needed, supporting the request for alteration, demolition, or removal of a cultural resource or to give testimony and furnish evidence of any or all of the following, where appropriate:
1. Cost estimates for the proposed alteration, construction, demolition, or removal, and an estimate of the cost(s) that would be incurred to comply with the requirements of the COA;
2. A written report from a licensed structural engineer with experience and expertise with historic structures and rehabilitation, as to structural integrity and suitability for rehabilitation;
3. Estimated market value of the property in its current condition and estimated market value after completion of the proposed alteration, construction, demolition, or removal as compared with any changes required by the COA;
4. In the case of a proposed demolition, an estimate from an appraiser, architect, developer, real estate consultant, or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or adaptive reuse of the existing structure on the property and its market value for continued use after rehabilitation;
5. For income-producing properties, information on annual gross income, current assessed property valuations, current property value appraisals, depreciation, reductions, and annual cash flow after debt service, operating and maintenance expenses, real estate taxes, and other information considered necessary by the review authority to determine whether substantial evidence of economic hardship exists;
6. Remaining balance on any mortgage or other financing secured by the property for the previous two years;
7. All appraisals obtained within the previous two years by the owner or applicant in connection with the financing, ownership, or purchase of the subject property;
8. Amount paid for the property, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer. Additionally, any listing of the property for sale or rent, prices asked and offers received, if any, within the previous two years;
9. Assessed value of the property according to the two most recent assessments;
10. Real estate taxes for the previous two years;
11. Form of ownership or operation of the property, whether sole proprietorship, for-profit or nonprofit corporation, limited partnership, joint venture, or other; and
12. Other information considered necessary by the review authority for a determination as to whether the property does yield or may yield a reasonable return to the owner.
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 cultural resource nor adversely affect the character or historic, architectural, aesthetic interest, or value of the cultural resource and its site; and
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 cultural resource; and
c. In the case of construction of a new improvement upon a cultural resource property, the use and design of the improvement shall not adversely affect, and shall be compatible with, the use and design of existing cultural resources within the same historic district; and
2. Alterations found not to be adverse. The effect of alteration on a cultural 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 cultural resource through conformance with any prescriptive standards adopted by the City for that cultural resource, cultural resource property, or historic district, and the guidelines of the Secretary of the Interior’s Standards for Rehabilitation.
E. Conditions for Certificate of Appropriateness. The review authority may approve a Certificate of Appropriateness subject to any condition deemed 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. A COA shall become void unless construction is commenced within 12 months from the date of approval. A COA may be renewed for 12 months by applying to the Department a minimum of 30 days before the expiration of the certificate. The review authority may grant an extension for another 12-month period. A COA may be extended only twice, and a new COA is required thereafter. If the project is not completed within 12 months after the expiration of the last Building Permit, a new Certificate of Appropriateness shall be required to complete the work.
17.68.060 Certificate of Appropriateness – Proposed Demolition
The following requirements shall apply in cases involving proposed demolition, in addition to all other applicable provisions of this chapter:
A. Required findings. The Commission shall approve a COA for the demolition of a cultural 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 cultural resource cannot be remodeled, rehabilitated or reused in a manner that would allow a reasonable use;
2. Denial of the application will diminish the value of the subject property so as to leave substantially no value;
3. The cultural resource cannot be remodeled, rehabilitated, or reused in a manner that would allow a reasonable rate of return; and
B. Justifiable hardships. Personal, family or financial difficulties, loss of prospective profits and Building Code violations shall not justify the issuance of a COA.
C. Economic hardship. Demolition not in compliance with the findings required by Subsection A of this section may be approved only in cases of economic hardship. Economic hardship is defined as 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 property. In order to approve demolition on the basis of economic hardship, the Commission shall first find all of the following:
1. Disapproval would substantially diminish the value of the property;
2. 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;
3. An adaptive reuse study has been conducted and found that utilization of the property for lawful purposes is prohibited or impractical;
4. Disapproval would unreasonably damage the owner of the property in comparison to the benefit conferred on the community;
5. All means involving City sponsored incentives (e.g., amendments to this Zoning Ordinance, Building Code modifications, financial assistance, and/or grants) have been explored to relieve possible economic hardship;
6. 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 an historic district will be denied a property owner; and
7. In the case of a proposed demolition, the Zoning Administrator 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 owners.
D. Effect of demolition. If approval of a COA will result in the demolition of a cultural 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). The documentation may include an archaeological survey, floor plans, measured drawings, photographs, or other documentation specified by the Commission.
When appropriate, the Commission may require that a memorialization of the resource be incorporated into the proposed redevelopment of the site including the following:
1. Book or pamphlet;
2. Photographic display;
3. Small museum or exhibit;
4. Use of original fixtures; and/or
5. Other methods deemed appropriate by the Commission. (Ord. 1025 § 21, 2015)
17.68.070 Certificate of Appropriateness – Disaster Damage
A Certificate of Appropriateness is required to alter, add to, repair, restore, reconstruct, demolish or replace a disaster-damaged cultural resource in compliance with this Zoning Ordinance, except where the Building Official determines that an unsafe or dangerous condition exists in compliance with Section 17.68.100 (Unsafe or Dangerous Condition).
17.68.080 Adaptive Re-Use and Other Rehabilitation Incentives
A. Purpose. The rehabilitation incentives provided by this section are intended to encourage the maintenance, preservation, and rehabilitation of cultural resources in the City, recognizing that maintaining and rehabilitating a cultural resource places increased burdens on the affected property owner. These rehabilitation incentives are intended to reduce those burdens so that property owners will be encouraged to invest in maintaining the City’s cultural resources.
B. Applicability. Upon designation of a structure or improvement as a designated cultural resource, the property owner may apply to the Council for aid and assistance in rehabilitating the resource. The application for rehabilitation incentives is considered the necessary planning permit; the applicant need not submit additional applications for other permits required by this Zoning Ordinance, but shall comply with any City requirements for a Building Permit, Grading Permit, etc.
C. Types of incentives allowed. The 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 zone, but which is permitted in other zones;
2. Mills Act Agreements;
3. Permit fee waivers; and/or
4. Reduction and/or substantial modification in the development standards of this Zoning Ordinance.
D. Application content. Applications shall include the information required by the Director.
E. Review and approval of rehabilitation incentives.
1. Hearing and action. The Commission shall hold a public hearing to determine the eligibility of a property for rehabilitation incentives and shall, by resolution, approve or deny any incentives. The action of the Commission on a Mills Act agreement shall be a recommendation to the Council; the Council has final approval authority in Mills Act decisions. Public notice for the hearing shall comply with state law.
2. Required findings for approval. The Commission may recommend or grant rehabilitation incentives, only after first making all of the following findings:
a. Findings for all incentives.
(1) Each incentive to be granted serves to compensate the property owner for the increased burden, in terms of maintenance and expense, that rehabilitation would entail;
(2) No approved incentive would impair the aesthetic, architectural, or historic integrity of the resource; and
(3) 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 Commission shall make the following findings for the approval of adaptive reuse:
(1) The change of use would occupy no more floor area than the original use;
(2) The proposed use would not significantly impair the physical character of the area in which it is located; and
(3) 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 Commission may impose any conditions of approval deemed necessary to ensure compatibility between the new use and the surrounding area.
17.68.090 Duty to Maintain and Repair
The owner, occupant, or other person in actual charge of a cultural resource shall keep in good repair all of the exterior portions of the improvement, structure, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature and any other specifically designated features of the property. If periodic maintenance and upkeep is 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.
17.68.100 Unsafe or Dangerous Condition
In the case of damage to a structure that is the result of an isolated incident, the Zoning Administrator may approve a Certificate of Appropriateness for a structure for which there is a threat of imminent hazard as determined by the Building Official, without public notice. In the case of widespread damage to structures throughout the City (as in the case of an earthquake), the Zoning Administrator shall stay all notices to demolish designated or potential cultural 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. The City shall stabilize or isolate damaged structures to permit persons with appropriate expertise to further evaluate the damage. In cases where a structural engineer with expertise in the restoration of historic structures has determined that the building cannot be stabilized, then the Zoning Administrator may issue a Certificate of Appropriateness for the demolition of one or more structures.