Chapter 17.108
HISTORICAL PRESERVATION
Sections:
17.108.010 Purpose and intent. Revised 3/17
17.108.015 Definitions. Revised 3/17
17.108.020 Area of application and designation criteria.
17.108.030 Cultural resources designation procedure.
17.108.040 Certificate of approval required.
17.108.070 Special considerations.
17.108.080 Exceptions from regulations.
17.108.100 Ordinary maintenance and repair.
17.108.110 Regulations enforced by building official.
17.108.120 Enforcement and penalties.
17.108.130 Violation—Nuisance—Abatement.
17.108.140 Remedies are cumulative.
17.108.150 Showing of hardship.
17.108.010 Purpose and intent.
The purpose and intent of this chapter is to help preserve and protect historic buildings and structures, cultural resources, landmarks, natural features and other resources of historical significance through the application of the regulations contained in this chapter. (Ord. 2016-10 § 3 (part))
17.108.015 Definitions.
“Alteration” means any exterior change or modification, through public or private action, of any cultural resource or of any property located within a historic district including, but not limited to, exterior changes to or modification of structure, architectural details or visual characteristics such as grading, surface paving, new structures, cutting or removal of trees and other natural features, disturbance of archeological sites or areas, and the placement or removal of any exterior objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings and landscape accessories affecting the exterior visual qualities of the property.
“Cultural resource” means improvements, buildings, structures, signs, features, sites, places, areas or other areas of scientific, aesthetic, educational, cultural, archeological, agricultural, religious, ethnic, architectural, or historical significance to the citizens of the city, or the state of California, or the nation.
“Designated site” (historic site, cultural resource site, landmark site) means a parcel or part thereof on which a cultural resource is situated, and any abutting parcel or part thereof constituting part of the premises on which the cultural resource is situated, and which has been deemed a designated site pursuant to this chapter.
“Designated structure” (landmark, cultural resource, historic structure) means any improvement that has special historical, cultural, aesthetic or architectural character, interest or value as part of the development, heritage or history of the city, the state of California, or the nation and that has been designated pursuant to this chapter.
“Exterior architectural feature” means the architectural elements embodying style, design, general arrangement and components of all of the outer surfaces of an improvement, including but not limited to 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.
“Historic district” means any area containing improvements which have a special character, historical interest or aesthetic value or which represent one or more architectural periods or styles typical to the history of the city, and which improvements constitute a distinct section of the city that has been designated a historic district pursuant to this chapter.
“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.
“Natural feature” means any tree, plant life, geographical or geological site or feature subject to the provisions of this chapter.
“Object” means a material thing of functional, aesthetic, cultural, symbolic, archeological, religious, ethnic, agricultural or scientific value, usually by design or nature movable.
“Potential cultural resource” means an improvement, object or natural feature which may be nominated for consideration by the commission and may be designated under the condition that either: (1) more research becomes available regarding its eligibility; or (2) the resource is restored to its original condition; or (3) the resource is one of the few remaining examples in the city of its type.
“Preservation” means the identification, study, protection, restoration, rehabilitation or enhancement of cultural resources.
“Secretary of the Interior Standards for Rehabilitation” means the guidelines prepared by the National Park Service for Rehabilitating Historic Buildings and the Standards for Historic Preservation Projects prepared by the National Park Service with Guidelines for Applying the Standards.
“Significant feature” means the natural or man-made elements embodying style or type of cultural resource, design, or general arrangement and components of an improvement, including but not limited to the kind of the building materials and type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement. (Ord. 2016-10 § 3 (part): Ord. 88-08 § 4 (part). Formerly 17.108.010)
17.108.020 Area of application and designation criteria.
A. For the purposes of this chapter, an improvement, object or natural feature may be designated a cultural resource by the city council, and any area within the city may be designated a historic district or neighborhood or cultural resource area by the city council pursuant to this chapter if it meets any of the following criteria:
1. It exemplifies or reflects special elements of the city’s cultural, social, economic, political, archeological, agricultural, natural vegetation, eligious, ethnic, aesthetic, engineering, archeological, architectural, or geological history;
2. It is identified with persons or events significant in local, state, or national history;
3. It embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship;
4. It is representative of the notable work of a builder, designer, or architect; or
5. It represents an important natural feature or design element that provides a visual point of reference to members of the community.
B.1. In accordance with recommendations made in the Winters Cultural Resources Inventory Report (1983), the council finds that the area described in subsection (B) (2) contains improvements which have either a special character or special historical interest or aesthetic interest or value and represent a period or style of architecture typical of eras in the city’s history. Because of these factors the area constitutes a distinct section of the city.
2. The council designates Historic District One.
The Historic District One consists of each parcel of property, and each designated landmark, located within the area described as follows:
Main Street, between Railroad Avenue and First Street. Also, the south west corner of the intersection of Abbey Street and First Street. The area described is more particularly shown on a map attached to the ordinance codified in this chapter and designated as “Map of Historic District One of the city of Winters.” The map designated as “Map of Historic District One of the city of Winters” is made a part of this chapter by reference. (Ord. 88-08 § 4 (part))
17.108.030 Cultural resources designation procedure.
Cultural resources and historic districts and neighborhoods shall be established by the city council in the following manner:
A. Any person may request the designation of an improvement as a cultural resource or the designation of a historic district or neighborhood by submitting an application for such designation to the commission. The commission, planning commission or city council may also initiate such proceedings on their own motion.
B. The commission shall conduct a study of the proposed designation and make a preliminary determination based on such documentation as it may require, as to its appropriateness for consideration, if the commission determines that the application merits consideration, but only if it so determines, it shall schedule a public hearing with due speed.
C. The commission’s decision to schedule or not to schedule a public hearing shall be in writing and shall be filed with the building official and the city clerk. Notice of a decision not to schedule a public hearing shall be given by mail to the applicant. No building, alteration, demolition or removal permits for any improvement, building or structure within the proposed historic district or relative to a proposed cultural resource shall be issued while the public hearing or any appeal related thereto is pending.
D. In the case of a proposed cultural resource and cultural resource site, notice of the date, place, time and purpose of the hearing shall be given by first class mail to the applicants, owners, and occupants of the improvement at least ten (l0) days prior to the date of the public hearing, using the name and address of such owners as shown on the latest equalized assessment rolls, and shall be advertised once in a daily newspaper of general circulation.
E. In the case of a proposed historic district, notice of date, place, time and purpose of the hearing shall be given by first class mail to the applicant, owner and occupant of all properties within the proposed district at least twenty (20) days prior to the date of the public hearing, using the name and address of such owners as shown on the latest equalized assessment rolls, and shall be advertised once in a newspaper of general circulation.
F. At the conclusion of the public hearing, but in no event more than thirty (30) days from the date set for the initial public hearing for the designation of a proposed cultural resource or historic district, the commission shall recommend approval in whole or in part, or disapproval in whole or in part, of the application in writing.
G. The city council, within thirty (30) days of receipt of the recommendation from the commission, shall by ordinance approve the application in whole or in part, or shall by motion disapprove it in its entirety.
H. Failure to send any notice by mail to any property owner where the address of such owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed designation. The commission and council may also give such other notice as they may deem desirable and practicable. (Ord. 88-08 § 4 (part))
17.108.040 Certificate of approval required.
No person may undertake any of the following within the historic district without a certificate of approval from the historic preservation commission.
A. Construction of a new structure;
B. The moving, demolition or alteration of an existing structure in any manner which affects the exterior appearance of the structure;
C. A change in land use which affects the exterior appearance of a structure;
D. The erection, remodeling, or replacing of a sign which affects the exterior appearance of a structure.
It is unlawful for any person to tear down, demolish, construct, alter, remove, or relocate any improvement, or any portion thereof which has been designated a cultural resource or cultural resource site pursuant to the provisions of this chapter, or which lies within a historic district, or to alter in any manner any exterior architectural feature of such a cultural resource, cultural resource site or improvement within a historic district, or to place, erect, alter or relocate any sign within a historic district or on a cultural resource or cultural resource site, without first obtaining written approval to do so in the manner provided in this chapter, nor shall the building official or planning commission grant any permit to carry out such work on a designated cultural resource or cultural resource site or within a historic district, without the prior written approval of the commission. (Ord. 88-08 § 4 (part))
17.108.050 Permit procedure.
A. A person who desires to construct, alter, move or demolish a structure within the historic district or a designated cultural resource area shall file an application with the community development department on a form prescribed by the city. The application shall include all necessary information required by the rules of the historical preservation commission. When the application is filed, it shall be referred to the commission.
B. If no permit is required to pursue work on a designated cultural resource, whoever is responsible for the work, whether it is the tenant, resident, or property owner, shall apply for approval to the commission staff directly.
C. Such applications shall be accompanied by such materials as are required by the commission and are reasonably necessary for the proper review of the proposed project.
D. Upon the filing of an application, the secretary of the commission shall set the matter for hearing and shall give notice in accordance with the rules of the commission. The commission shall hold a public hearing and shall make its decision within thirty (30) days from the date the application is filed. If the commission fails to act within thirty (30) days, the application is considered approved unless the applicant, and the commission agree to an extension of time.
E. At the conclusion of the hearing the commission shall make its decision and shall file a certificate of approval or certificate of rejection with the building official. No person may do any work upon a structure which is a subject of an application until the commission has filed its certificate of approval. If the commission files a certificate of rejection, the building official shall not issue a building permit.
F. The commission shall have the right to refuse the issuance of a building permit, or to halt the demolition of a structure or cultural resource up to one hundred eighty (180) days.
G. In review of permits sought in order to wholly or partially remove or demolish a cultural resource, cultural resource site or historic district or neighborhood, the commission may approve or disapprove the issuance of the permit or permits.
H. Commission Restricted to Exterior Features Only.
The commission shall consider and pass upon only the exterior features of a structure and may not consider the interior arrangement of the structure. The commission may not disapprove applications except in regard to the considerations set forth in Section 17.108.040.
It is the purpose and intent of this chapter that the commission be strict in its judgment of plans for structures, or landmarks considered to have significance in the historic and architectural history of the city, particularly those in the historic districts established in this chapter.
It is also the purpose of this chapter and the intent of the city council that the commission be lenient in its judgment of plans for structures which have little or no historic value or plan for new construction except where the plans would seriously impair the historic or architectural value of surrounding structures or landmarks. In adopting the ordinance codified in this chapter, the city council does not intend to limit new construction, alteration or repairs to any particular period of architectural style.
I. The commission shall prescribe the rules for the giving of notice and the holding of public hearing upon applications filed under this chapter. (Ord. 88-08 § 4 (part))
17.108.060 Permit criteria.
In reviewing and acting upon each application, the commission shall consider:
A. The historic value and significance, or the architectural value and significance or both, of the structure and its relation to the historic value of the surrounding area;
B. The relationship of the exterior architectural features of the structure to the rest of the structure itself and to the surrounding area;
C. The general compatibility of exterior design, arrangement, texture and material which is proposed by the applicant;
D. The Secretary of the Interior’s Standards for Rehabilitation. (Ord. 88-08 § 4 (part))
17.108.070 Special considerations.
The commission, or city council upon appeal, shall issue an approval for any proposed work as described in Section 17.108.040, if and only if, it determines:
A. In the case of a designated cultural resource, the proposed work will not detrimentally alter, destroy or adversely affect any exterior architectural feature;
B. If the commission is satisfied that in the case of a designated cultural resource, or in the case of any property located within a historic district or neighborhood, the proposed construction, work or alteration will not materially impair the historic or architectural value of the structure, nor adversely affect the character of the district, it shall approve the application;
C. If the commission finds that retention of the structure constitutes a hazard to public safety and the hazard cannot be eliminated by economic means available to the owner, the commission shall approve the application;
D. If the commission considers although the structure or landmark is valuable for the history or period of architecture it represents and is important to the neighborhood in which it exists, the commission may nevertheless approve the application if any of the following circumstances exist:
1. The structure is a deterrent to a major improvement program which substantially benefits the city;
2. Retention of the structure causes an undue financial hardship to the owner as outlined in Section 17.108.150; or
3. Retention of the structure is not in the interest of the majority of inhabitants of the city;
E. The commission may approve the moving of a structure or landmark of historical or architectural value as an alternative to demolition;
F. In the case of construction of a new improvement, building or structure upon a cultural resource site, the exterior of such improvements will not adversely affect and will be compatible with the external appearance of existing designated improvements, buildings and structures on the site;
G. If an applicant affects the exterior appearance of a structure or proposes to move, remove, or demolish a structure which the commission considers will be a great loss to the county, the commission shall attempt to work out an economically feasible plan for the preservation of the structure. The owner shall be required to show documented evidence to the commission of a good faith attempt (i.e., seeking funding and advertising the structure for purchase) to save the property. (Ord. 88-08 § 4 (part))
17.108.080 Exceptions from regulations.
The regulations contained in this chapter do not apply to painting, routine maintenance or repair of a structure or landmark within a cultural resource area or the historic district. (Ord. 88-08 § 4 (part))
17.108.090 Appeals.
A person aggrieved by an action of the historical preservation commission may appeal the decision to the city council. The time for taking an appeal, the notice and hearing and the rules applicable to the hearing and decision which apply to land use matters shall apply to an appeal from the commission.
The following actions by the commission may be appealed by an interested party to the city council:
A. The commission’s decision not to hold a public hearing on an application for designation of a cultural resource or historic district;
B. A determination made after a public hearing not to designate a proposed cultural resource or historic district;
C. The commission’s decision to grant or to not grant a permit.
Any interested party may appeal by filing a notice of appeal with the city council not later than ten (10) days after the commission’s written decision has been filed with the clerk. The notice shall be accompanied by a set fee in an amount to be determined by the city council. The city council shall schedule a public hearing to be held no later than thirty (30) days after the notice of appeal is filed, and shall render its decision within thirty (30) days of the hearing date. (Ord. 88-08 § 4 (part))
17.108.100 Ordinary maintenance and repair.
Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this chapter that does not involve a change in design, material or external appearance thereof, nor does this chapter prevent the construction, reconstruction, alteration, restoration, demolition or removal of any such feature when the building official certifies to the commission that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California Historical Building Code. (Ord. 88-08 § 4 (part))
17.108.110 Regulations enforced by building official.
The provisions of this chapter shall be enforced by the building official of the city with the aid of persons from such other city departments as may be requested by the building official. The provisions of the State Historic Building Code (California Administrative Code, Title 24, Part 8) shall be applicable in permitting repairs, alterations, and additions necessary for the preservation, restoration, moving or continued use of a historical building or structure. (Ord. 88-08 § 4 (part))
17.108.120 Enforcement and penalties.
A. Methods of Enforcement. In addition to the regulations of this chapter, other chapters of the code and other provisions of law which govern the approval or disapproval of applications for permits or licenses covered by this chapter, the building official shall have the authority to implement the enforcement thereof by any of the following means:
1. Serving notice requiring the removal of any violation of this chapter upon the owner, agent, occupant or tenant of the improvement, building, structure or land;
2. Calling upon the city attorney to institute any necessary legal proceeding to enforce the provisions of this chapter, and the city attorney is authorized to institute any actions to that end;
3. Calling upon the chief of police and authorized agents to assist in the enforcement of this chapter.
In addition to any of the foregoing remedies, the city attorney may maintain an action for injunctive relief to restrain or enjoin or to cause the correction or removal of any violation of this chapter, or for an injunction in appropriate cases.
B. Penalty for Violation. Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding five hundred ($500.00) dollars or be imprisoned for a period not exceeding six months or be so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. (Ord. 88-08 § 4 (part))
17.108.130 Violation—Nuisance—Abatement.
A person who violates the provisions of this chapter is guilty of maintaining a public nuisance. An authorized employee of the building department may mail written notice to the owner that the violation exists. The owner then shall have thirty (30) days to remedy the violation. The notice shall state that if the violation is not corrected within the time specified, the nuisance will be abated in accordance with Title 19 of this code. (Ord. 2010-01 § 7: Ord. 88-08 § 4 (part))
17.108.140 Remedies are cumulative.
The remedies for violation of the provisions of this chapter are alternative and cumulative rather than exclusive in nature. (Ord. 88-08 § 4 (part))
17.108.150 Showing of hardship.
The commission or city council need not disapprove an application for a permit to carry out any proposed work in a historic district, or on a landmark or a landmark site, if the applicant presents clear and convincing evidence of facts demonstrating to the satisfaction of the commission or city council that such disapproval will work immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the proposed work, whether this be the property owner, tenant or resident, or because of conditions peculiar to the particular improvement, building or structure or other feature inconsistent with the purposes of this chapter. If a hardship is found to exist under this section, the commission or city council shall make a written finding to that effect, and shall specify the facts and reasons relied upon in making such finding.
If the applicant presents facts and clear evidence demonstrating to the commission that failure to approve the application for a certificate of approval will cause an immediate extreme hardship because of conditions peculiar to the particular structure or other feature involved, and the damage to the owner is unreasonable in comparison to the benefit conferred to the community, the commission may approve or conditionally approve such certificate even though it does not meet the standards set forth herein. The commission shall hold a public hearing in order to determine whether a certificate of approval will be approved or denied. A written determination shall be based on the following findings:
A. Denial of the application will diminish the value of the subject property so as to leave substantially no value;
B. Sale or rental of the property is impractical, when compared to the cost of holding such property for uses permitted in this zone;
C. An adaptive re-use study has been conducted and found that utilization of the property for lawful purposes is prohibited or impractical;
D. Denial at a reasonable rate of return is not feasible;
E. Denial of the certificate of approval would damage the owner of the property unreasonably in comparison to the benefit conferred on the community;
F. All means involving city sponsored incentives such as transfer of development rights, tax abatements, financial assistance, building code modifications, changes in the zoning ordinance, loans, grants, and reimbursements have been explored to relieve possible economic disincentives. (Ord. 88-08 § 4 (part))