Chapter 14.09.130
Historic Preservation (HP) Overlay District
Sections:
14.09.130.040 Design Review Standards.
14.09.130.050 Demolition of Historic Structures.
14.09.130.060 Notice of Substandard Historic Buildings.
14.09.130.070 Routine Maintenance and Repair.
14.09.130.080 Maintenance of Exterior Features.
14.09.130.010 Purpose.
The HP historic preservation overlay district provides for the identification of historically significant buildings and areas and the adoption of standards to ensure the preservation of such areas. The HP district is established to achieve the following purposes:
A. To implement the policies of the General Plan regarding the preservation and adaptive reuse of historic buildings;
B. To foster awareness of and interest in the heritage of the City of Vacaville through the designation of historic buildings and districts;
C. To provide for the preservation of buildings which exhibit varied architectural styles reflecting the cultural, social, and economic phases of the City’s history;
D. To enhance property values, stimulate economic activity, and provide for the stabilization of commercial and neighborhood areas.
This chapter establishes provisions for the designation of historic buildings and historic districts, consistent with the goals, objectives, and policies of the General Plan and the Land Use and Development Code. The standards contained in and adopted pursuant to this chapter overlay those contained in the underlying zoning district relative to the modification, maintenance, or demolition of historic buildings.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.130.020 Definitions.
All words and phrases defined in this section and found in this chapter shall be used in the context of the definitions of this chapter. Other general terminology shall have the definitions assigned to them in Division 14.02, Interpretations and Definitions. Defined below are the terms used most frequently throughout this chapter.
A. “Alteration” means any exterior change or modification, through public or private action, of any designated historic building or any property in an historic district including exterior changes to, or modifications of, the structure, architectural details, or visual characteristics such as color and surface texture, grading, surface paving, new structures, removal of trees and other natural features, disturbance of archaeological sites or areas and placement or removal of any exterior objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, planting and landscape accessories affecting the visual qualities of the property.
B. “Contributing building” means a structure within an historic district which retains scale, mass, and other architectural characteristics to the degree that it contributes to the sense of time and place of the immediate area and the district. The building may have individual architectural significance or it may be one of a grouping of background buildings that jointly contribute to the character of the area and the district. Contributing buildings may reflect interim modifications if those modifications do not irreparably detract from the character of the building or if the modifications reflect an architectural style or particular era important to the development of the City. Contributing buildings shall also include structures that have strong historical ties to activities, events, or individuals important in the development of the City.
C. “Designated historic building” means any improvement on an individual site that has been recognized by the City of Vacaville for its historical significance through application of the historic preservation overlay district.
D. “Exterior architectural feature” means the architectural elements embodying style, design, general arrangement, and components of all of the outer surfaces of an improvement; the kind, color, and texture of the building materials and the type and style of all windows, doors, lights, signs, and other fixtures appurtenant to such improvement.
E. “Historic district” means any area which has been recognized by the City of Vacaville for its historical significance through the application of the historical preservation overlay district.
F. “Improvement” means any building, structure, place, parking facility, fence, gate, wall, work of art, or other object constituting a physical betterment of real property or any part of such betterment.
G. “Noncontributing building” means a structure within an historic district that in its present condition does not contribute to the sense of time and place of the immediate area and the district. Noncontributing buildings may include buildings constructed after the time period featured in an historic district or buildings in which the historic characteristics have been irreparably modified. They may also include buildings that, while not contributing at present, may become contributing through the application of the design criteria.
H. “Preservation” means the identification, study, protection, restoration, rehabilitation, or enhancement of historical improvements.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.130.030 Applicability.
The inclusion of an individual site in the historic preservation overlay district indicates that the improvement on the site has been designated by the City of Vacaville as a designated historic building. The inclusion of multiple sites in the historic preservation district indicates that the area has been designated by the City of Vacaville as an historic district.
A. The establishment of the historic preservation overlay district shall be subject to the provisions of Chapter 14.09.020 of this code, Amendments to Zoning Ordinance and Zoning Map, and to the additional provisions of this section.
B. An improvement may be designated as an historic building or an area may be designated as an historic district if it meets any of the following criteria:
1. Historical and Cultural Significance. The structure or district proposed for designation:
a. Is representative of a distinct historical period, type, style, region, or way of life;
b. Is or contains a type of building or buildings which was once common but now is rare;
c. Was connected with someone renowned or important, or a local personality;
d. Is connected with a business or use which once was common but now is rare;
e. Is representative of the work of a master builder, designer, artist, or architect whose individual style influenced the architectural character of the community;
f. Is associated with an important historic event or with events that have made a meaningful contribution to the nation, state, or community;
g. Has a high potential to yield information of archaeological interest.
2. Historic, Architectural, and Engineering Significance. The structure or district proposed for designation may:
a. Exemplify a particular architectural style or way of life important to the community;
b. Exemplify the best remaining examples of a particular architectural style within a neighborhood;
c. Embody elements of outstanding architectural or engineering design, detail, material, or craftsmanship.
3. Neighborhood and Geographic Setting. The structure or district proposed for designation may:
a. Substantially contribute to the historic character of the neighborhood;
b. Represent an established and familiar visual feature of the neighborhood or community by virtue of its unique location or singular physical characteristic of the structure or district proposed for designation;
c. Is in a geographically definable area possessing a significant concentration or continuity of site, buildings, structures, or objects, unified by past events or unified aesthetically by plan or physical development;
d. Is essential to the architectural or historical integrity of a proposed district.
C. The historic preservation overlay district shall apply to the following historic buildings and historic districts:
1. Main Street Vacaville Historic District.
2. Other areas to be determined.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.130.040 Design Review Standards.
All exterior alterations to designated historic buildings or sites in an historic district are subject to design review in accordance with the provisions of Chapter 14.09.290 of this code, Design Review.
A. In conjunction with the designation of an historic building or historic district, specific design review criteria shall be adopted by resolution of the City Council to establish standards for the alteration of such historic buildings.
B. Any development project approval related to the alteration of an historic building shall comply with the applicable design criteria adopted pursuant to this section.
C. Modifications to existing historic buildings in the downtown area shall comply with the Downtown Specific Plan.
(Ord. 1985, Amended, 07/25/2023; Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.130.050 Demolition of Historic Structures.
Demolition of a whole or substantial portion of a designated historic building or a contributing building in an historic district is prohibited unless the Planning Commission has approved such demolition through a conditional use permit in accordance with the provisions of Chapter 14.09.290 of this code, Design Review.
A. An approval of a conditional use permit for the demolition of a historic building pursuant to this section shall be subject to the following findings:
1. That one of the following situations exists:
a. That the subject building is in an unsafe or substandard structural condition such that rehabilitation in accordance with the design criteria is not practical; or
b. That the demolition of the building is part of a project that will result in significant improvement of the area in accordance with the purposes of this chapter; and
2. That alternatives to the demolition of the building have been evaluated and found to be unfeasible; and
3. That a design review application has been approved for the replacement of the building consistent with the design criteria adopted in accordance with this section.
B. Following the approval of a conditional use permit application, the Director of Community Development shall report the action of the Planning Commission to the City Council at the next regular meeting of the City Council.
1. Upon receipt of the report, the City Council may initiate, at the request of any of its members, proceedings to review the action of the Planning Commission;
a. Notice of a public hearing of the review shall be given in accordance with the provisions of Section 14.09.030.070, Public Notice;
b. The City Council shall approve, approve with modifications, or deny the conditional use permit;
2. If the City Council does not initiate a review of the approval at the meeting at which the report is received, and an appeal has not been filed in accordance with the provisions of Section 14.09.030.120, Appeals, the action of the Planning Commission shall become final.
C. No demolition permit shall be issued for a historic building and no demolition activity shall be initiated until either of the following occurs:
1. The action of the Planning Commission approving a conditional use permit becomes final;
2. The City Council approves a conditional use permit after review of the Planning Commission action.
D. Emergency Demolition. In the event of an emergency situation, such as a major earthquake, wherein historic buildings are damaged to the extent that they represent an imminent hazard to the public, the City Council may, by resolution, suspend the provisions of subsections A through C of this section, and authorize the immediate demolition of all or part of a designated historic building or a contributing building in an historic district, subject to the following findings:
1. The Building Official has determined that the subject building or buildings have been damaged to the extent that they represent an imminent hazard to the public health, safety, or welfare; and
2. The Building Official has determined that the unsafe or dangerous condition cannot reasonably be rectified through the provisions of the California Historic Building Code.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.130.060 Notice of Substandard Historic Buildings.
The Building Official or the Fire Marshal shall notify the Planning Commission whenever such official declares a designated historic building or a building in an historic district to be a substandard or dangerous building. Upon receipt or notice from the Building Official or Fire Marshal the Planning Commission shall evaluate the historic and architectural merit of the structure and submit an advisory report to the Building Official and the property owner within 30 calendar days.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.130.070 Routine Maintenance and Repair.
Nothing in this chapter shall be construed to prevent or to relieve a property owner of the responsibility for the routine maintenance or repair of any exterior feature in or on any designated historic building or any building in an historic district to the extent that such maintenance or repair does not constitute an alteration of such exterior feature.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.130.080 Maintenance of Exterior Features.
The owner, occupant, or other persons in actual charge of a designated historic building or a building in an historic district shall maintain all exterior and interior portions of the building or buildings as necessary to prevent deterioration and decay of any exterior architectural features.
(Ord. 1972, Repealed and Replaced, 02/22/2022)