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CC Ordinance 2230Ordinance No. 2230 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL REPEALING AND REPLACING CAMPBELL MUNICIPAL CODE CHAPTER 21.33 (HISTORIC PRESERVATION). After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council of the City of Campbell does ordain as follows: SECTION 1: The City Council finds and determines that the adoption of the proposed Text Amendment is exempt from the California Environmental Quality Act (CEQA) under the general rule (section 15061.b.3) that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed text amendment serves to establish general standards for historic preservation. Individual projects that are subject to the Ordinance would still require individual review for conformance with CEQA. SECTION 2: The City Council further finds and determines that the ordinance is consistent with the goals, policies, and actions of the General Plan; would not be detrimental to the public interest, health, safety, convenience, or general welfare of the city; and' is internally - consistent with other applicable provisions of the Campbell Municipal Code. SECTION 3: Chapter 21.33 (Historic Preservation) of the Campbell Municipal Code is hereby repealed and replaced as set forth in attached Exhibit A-1. SECTION 4: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 20th day of February, 2018 by the following roll call vote: AYES: Councilmembers: Gibbons, Landry, Waterman, Resnikoff NOES: Councilmembers: None ABSENT: Councilmembers: Cristina ABSTAIN: Councilmembers: None APPROVED: ~~ ~~~ Paul Resnikoff, Mayor ATTEST: Wendy ood, City Clerk Text Amendment -Chapter 21.33 (Historic Preservation) Exhibit A-1 Chapter 21.33 -HISTORIC PRESERVATION 21.33.010 -Purpose of Chapter 21.33.020 -Applicability 21.33.030 -Reviewing Authority (Summary Table) 21.33.040 -Definitions 21.33.050 -Eligible Resource List 21.33.060 -Designation or Rescission of a Historic Resource 21.33.070 -Application for an Exterior Alteration to a Historic Resource 21.33.080 -Historic Resource Alteration Permit (Tier 1) 21.33.090 -Historic Resource Alteration, Relocation, or Demolition Permit (Tier 2) 21.33.100 -Duty to Keep in Good Repair 21.33.110 -Unsafe or Dangerous Conditions 21.33.120 -Maintenance and Repair 21.33.130 -California Historic Building Code 21.33.140 -Showing of Hardship 21.33. 150 -Incentives for Preserving Historic Resources 21.33. 160 -Conformance requirement 21.33. 170 - Severability. Page 1 of 18 Text Amendment -Chapter 21.33 (Hist®ric Preservation) Exhibit A-1 21.33.010 -Purpose of Chapter A. Public Policy. it is declared as a matter of public policy that the enhancement, perpetuation, preservation, recognition, and use of areas, natural features, sites, and structures within the city having aesthetic, archeological, architectural, cultural, or engineering interest or value is required in the interest of the cultural enrichment, economic prosperity, health, and general welfare of the people. B. Purpose. The purpose of the historic preservation ordinance is to: 1. Fulfill the city's responsibility, as a certified local government, to enforce. state and local legislation for the designation and protection of historic resources, including but not limited to the California Environmental Quality Act (CEQA); 2. Increase public awareness of the architectural and cultural heritage of the community and foster civic pride of the city's preservation efforts; 3. Establish priorities, tools, and minimum standards for preservation, rehabilitation, and restoration efforts within the community; 4. Identify resources that contribute to Campbell's small town character or that illustrate its architectural and historical development and may therefore be eligible for designation as a historic resource; 5. Preserve culturally and historically significant resources in the city, including structures of merit, landmarks, and historic district properties; 6. Protect the heritage of the city by formally designating eligible resources that meet the requirements for historic designation; 7. ~ Safeguard landmark resources representing significant elements of Campbell's history; 8. Retain established building ,patterns and compatible architectural styles within the city's historic districts. 21.33.020 -Applicability The provisions of this chapter shall apply to all historic resources listed on the historic resource inventory, including structures of merit, landmarks, and historic district properties. Copies of the applicable documents that are referenced in this Ordinance can be found on the City of Campbell's website or in the Community Development Department. .Page 2 of 18 S Text Amendment -Chapter 21.33 (Historic Preservation) 21.33.030 -Reviewing Authority The reviewing authority for matters of historic preservation, chapter, shall be the Historic Preservation Board, the Planning City Council, as set forth in Table A and established by chapter 21 Exhibit A-1 as prescribed in this Commission, and the .54. ____._~ Table A ~ Decision-Making Body and Role Type of Permit or Decision d C d S i Recommendation Decision A eal an o e on ect Designation, Rescission, or ~ Historic Demolition of Preservation City a Historic Resource Board and Planning Council ___ 21.33.060 Commission ~ Historic Mills Act Preservation City ___ 21.33.170 Board Council Work affecting Community i a Structure of Merit Development Di t Hi i Communit 21.33.070 ' rec or or stor i Preservation Board y Development ~ planning Commission .~ ~ Director or ~ . e Work affecting __ Historic Planning C i i 3 ®r City s Council a Landmark or Preservation omm ss on Historic District 21.33.070 Board =Notes: (1) The Community Development Department will review all applications affecting a historic resource. . (2) Pursuant to section 21.33.070.6, any exterior alteration or material change to a structure of merit ;that alters its character defining features will be forwarded to the Historic Preservation Board. (3) Pursuant to section 21.38.020, the decision making body will depend on the type of permit or decision. _- __ _-..~__s--_.____ __a~::~___ m.:.~__~. _..~_~~_._ ..:._....:...~ Page 3 of 18 Text Amendment -Chapter 21.33 (Historic Preservation) Exhibit A-1 21.33.040 -Definitions As used in this section, the following terms shall have the following meanings unless otherwise indicated from the context: "Aesthetic, architectural, cultural, or engineering interest or value" means a quality that derives from, is based upon, or relates to eras, events, persons, or works (e.g., architectural design) that have contributed to local, regional, state, or federal history in a distinctive, important, or significant manner, as further described in the architectural questionnaire. . "Alteration (alter)" means any exterior modification or change to a historic resource, including, but not limited to, material change, addition, and new construction. Alteration shall not include ordinary maintenance and repair. "Alteration, Significant" means any alteration, destruction, relocation, demolition, or partial demolition that may have a significant adverse effect on the character-defining features of a historic resource. An alteration that is consistent with the Secretary of the Interior's Standards is not generally considered a significant alteration. "Architectural Questionnaire and Criteria for Historical Significance in Campbell (Architectural Questionnaire)" means a set of guidelines prepared by the Historic Preservation Board in accordance with the Secretary of the Interior's Standards that is used to assess the historic architectural features of a resource and the historical significance that the resource may hold for Campbell. The Architectural Questionnaire is used to help determine if a resource is eligible for designation as a historic resource. "California Historic Building Code (CHBC)" means Health and Safety Code, Division 13, Part 2.7, Sections 18950-18961. The CHBC provides alternative building regulations for permitting repairs, alterations and additions necessary for the preservation, rehabilitation, relocation, related construction, change of use, or continued use of a. qualified historical building or structure. "Certified Local Government" means the program authorized by the National Historic Preservation Act of 1966, in partnership with the California Office of Historic Preservation and the National Park Service, to encourage the identification, evaluation, registration, and preservation of historic resources in local planning and decision- making processes. "Criteria to Designate a Historic Resource" means the review criteria, listed in section 21.33.060, which is used to determine the historic significance of a resource. "DPR 523 Forms" means a series of forms, distributed by the California Office of Historic Preservation, used for recording and evaluating resources and for nominating historic resources as California Historical Landmarks, California Points of Historical Interest, and to the California Register of Historical Resources. Page 4 of 18 Text Amendment -Chapter 21.33 (Historic Preservation) Exhibit A-1 "Decision Making Body" means the city official or body responsible for reviewing and making decisions on an application affecting a historic resource for the purposes of this chapter, as identified in section 21.33.030 Table A of this chapter. "Demolition" means the complete destruction of a building or other man made structure. "Duty to Keep in .Good Repair" means the obligation of property owners to maintain and keep in good repair, as necessary to prevent deterioration and decay, all exterior architectural features of a designated historic resource. "Eligible Resource" means a resource that has been identified by the Historic Preservation Board as potentially eligible for designation in accordance with the provisions of this chapter. "Historic Context Statement" means a narrative report on the geography, history and culture that shaped Campbell's built environment and provides the basis for evaluating historic significance and integrity. "Historic Design Guidelines for Residential Buildings" means the City of Campbell's design guidelines for any exterior alteration of a residential historic resource listed on the city's historic resource inventory. "Historic District" means a geographically defined area that has been officially designated by ordinance of the City Council as possessing a concentration, or a thematically related grouping, of historic resources which contribute to the historical character of the area. Such historic district shall be identified as a historic overlay district in the city's zoning map pursuant to section 21.14.020. "Historic Preservation Advisor" means a Historic Preservation Board member that has been appointed by the Historic Preservation Board for a period of twelve months to serve as an advisor to city staff and the Site and Architectural Review Committee for applications involving a historic resource. "Historic Resource" means a structure of merit, landmark, or historic district property that has been officially designated on the historic resources inventory as having aesthetic, architectural, cultural, or engineering interest or value of a historical nature ~in accordance with the provisions of this chapter, and supported under city, state, or national review criteria (e.g., completed DPR 523 Forms, architectural questionnaire). A historic resource can be a building or structure or portion thereof or assemblage thereof, object, site, place, district or contributing member to a district, sign, landscape, natural feature. "Historic Resource Inventory" means the official City Council approved register of structures of merit, landmarks and historic district properties, ,significant in Campbell's history, architecture, engineering, and culture. Page 5 of 18 Text Amendment -Chapter 21.33 (Historic Preservation) Exhibit A-1 "Landmark" means a historic resource that has been designated as a landmark by ordinance of the City Council as having exceptional historic significance in Campbell. Such landmark shall be identified as a historic overlay "H" property on the City of Campbell's zoning map pursuant to Section 21.14.020. "Material Change" means any work that modifies the design, material or appearance of an exterior architectural feature of a historic resource. Examples of a material change include replacing a wood shake roof with a composition roof, even though the materials may be compatible in appearance, color and profile. Material change shall not include ordinary maintenance and repair. "Mills Act" means a state law enacted in 1972 that grants participating local governments the authority to enter into contracts with owners of a qualified historic resource who actively participate in the restoration and maintenance of the historic resource while receiving property tax relief. California State codes relating to the Mills Act include California Government Code, Article 12, Sections 50280 - 50290 and California Revenue and Taxation Code, Article 1.9, Sections 439 - 439.4. "Ordinary Maintenance and Repair" means any work involving the in-kind replacement of existing material with equivalent material for the purpose of protective or preventative measures to keep a structure or its systems in good working order. Any work that modifies the design, material, or appearance of an exterior architectural feature is not considered maintenance and repair for the purposes of this chapter. "Place" means any area or any portion thereof, including any element or fixed object thereon, whether manmade or natural. "Preservation" means the conservation, enhancement, perpetuation, protection, reconstruction, rehabilitation, repair, restoration, or other action taken to conserve, prevent, or repair the deterioration, destruction, or removal of a historic resource. "Secretary of the Interior's Standards for the Treatment of Historic Properties (Standards)" means a series of concepts about maintaining, repairing, and replacing historic materials, as well as designing new additions or making alterations to a historic resource. The Standards offer four distinct approaches to the, treatment of historic resources-preservation, rehabilitation, restoration, and reconstruction with guidelines for each. The Standards are codified in 36 CFR 68 and published by the National Park Service. The Standards for Rehabilitation, codified in 36 CFR 67, are regulatory for the review of work associated with the Mills Act program. "Structure" means anything constructed, erected, or attached to the ground. A "structure" includes buildings, building appendages (e.g., awnings, canopies, lighting, and marquees), edifices, fences, fountains, kiosks, and signs. "Structure of Merit" means a historic resource that has been designated by resolution of the City Council, as possessing outstanding aesthetic, architectural, Page 6 of 18 Text Amendment -Chapter 21.33 (Historic Preservation) Exhibit A-1 cultural, or engineering historic value. Structures of merit do not include landmarks or historic districts. Structures of merit were formerly named "designated historic resource inventory properties" in prior enactments of this code. 21.33.050 -Eligible Resource List The purpose of maintaining an eligible resource list is to informally identify resources that illustrate Campbell's architectural and historical development and may therefore be eligible for designation as a historic resource. A. Initiation.. Adding a resource to the eligible resource list may only be initiated by the Historic Preservation Board, City Council, Civic Improvement Commission, Planning Commission, Community Development Director or the. owner(s) of the resource for which nomination is proposed. B. Historic Context Statement. The Historic Preservation Board shall refer to Campbell's historic context statement when evaluating the historic significance of a resource. The City shall periodically update the historic context statement with new resources and information about Campbell's history. C. Architectural Questionnaire. The architectural questionnaire for historical significance in Campbell shall be completed by the Historic Preservation Board to assess the resource's architectural features, materials, and historic setting, in accordance with the review criteria listed in section 21.33.060(8)(1) of this chapter. D. Advice and guidance to property owners. The Historic Preservation Board may, upon request of the property owner, render non-technical advice on proposed work to an eligible resource. In rendering advice, the Historic Preservation Board shall be guided by the purposes and criteria in this chapter. This section shall not be construed to impose any regulations or controls upon any eligible resource. E. Structures that are listed on the eligible resource list are not subject to the provisions of this chapter until such time that they are designated as a historic resource by the City Council, in compliance with section 21.33.060. The eligible resource list is maintained in the Community Development Department for planning purposes only. 21.33.060 -Designation or Rescission of a Historic Resource The purpose of designating a resource as a structure of merit, landmark, or historic district is to further the objectives of this chapter including but not limited to preserving, protecting and retaining culturally and historically significant resources in the city. A. Initiation. Designation of a historic resource may only be initiated by the City Council, Civic Improvement Commission, Planning Commission, Community Development Director, or the owner(s) of the subject property. The proposed designation must be accepted by the property owner(s) in writing, prior to scheduling Page 7 of 18 Text Amendment -Chapter 21.33 (Historic Preservation) Exhibit A-1 any public hearings on the matter. In the case of a proposed historic district, the property owner(s) of at least 60% of the properties under consideration must provide written acceptance of the proposed designation. The property owner(s) may withdraw his or her acceptance at any time prior to final .approval of the designation of the property. Notice to the owner shall be by the U.S. postal certified mail service to the last known address as given in the county assessor's rolls. 1. Historic Evaluation Report. The proposed designation shall be supported by a current historic evaluation report prepared by a historian, historic architect, historic consultant, or similar professional, describing the structure (or district's) aesthetic, architectural, cultural, or engineering interest or historical value. 2. DPR 523 Forms. Following review of the historic evaluation report, the appropriate DPR 523 Forms shall be completed (or updated) if the structure is found to be historic. The form shall describe the resource, including its architectural style, construction history, locational setting, current condition, historic significance, and qualifying criteria and shall also include current and historic photographs of the resource. In the case of a historic district, the form shall be completed for all properties within the district. B. Recommendation of Designation. The Historic Preservation Board and Planning Commission, respectively, shall each conduct a public hearing in compliance with chapter 21.64, with consideration to the review criteria below and the findings specified in subsection C.1 of this section, and shall provide to the City Council a recommendation of approval or denial of the proposed designation. 1. Designation Criteria for a Structure of Merit. The application to designate an eligible resource as a structure of merit shall be reviewed for conformance with the following criteria: a. The proposed resource is associated with events that have made an important contribution to the broad patterns of our history or cultural heritage; b. The proposed resource is associated with the lives of persons important to our history; c. The proposed resource yields, or has the potential to yield, information important to our prehistory or history; d. The proposed resource embodies the distinctive characteristics of a type, architectural style, period, or method of construction; e. The proposed resource represents the work of a notable architect, designer, engineer, or builder; or f. The proposed resource possesses significant artistic value or materially benefits the historic character of the neighborhood, community, or city. Page 8 of 18 Text Amendment -Chapter 21.33 (Historic Preservation) Exhibit A-1 2. Designation Criteria for a Landmark. The application to designate an eligible resource as a landmark shall be reviewed for conformance with the following criteria: a. The proposed resource represents a unique, rare, or extraordinary example of an architectural design, detail or historical type; b. The proposed resource identifies with a person or persons who significantly contributed to the history, culture, or.development of the city, the state or the nation; or c. The proposed resource represents the site of a significant historic.event. 3'. Designation Criteria for a Historic group of eligible resources as a conformance with the following criteria: District. The application to designate a historic district shall be reviewed for a. The proposed resource encompasses a geographically definable area that possesses a significant concentration or continuity of structures or features that represent important events, persons, architecture, engineering, or culture in the city's history; or b. The proposed resource represents a collective value of structures in the defined area, which when taken together may be greater than the value of each individual structure. C. Designation by the City Council. The City Council shall conduct a public hearing in compliance with chapter 21.64, consider the recommendation of the Historic Preservation Board and, the Planning Commission and the supporting documents, and shall either approve or deny the designation of a historic resource. 1. Required Findings. The City Council shall approve the application to designate a historic resource if the following findings have been made: a. The proposed designation is consistent with the purposes of this chapter; and b. The historic resource meets one or more of the applicable criteria identified in subsection B.1 of this section; and c. The owner of the historic resource has accepted the designation; or d. The owner(s) of at least 60% of the properties within the proposed historic district have accepted the designation. 2. Resolution.. Designation of a structure of merit shall be by resolution of the City Council. 3. Ordinance. Designation of a landmark or historic district property shall be adopted by ordinance of the City Council. In designating a landmark or historic district, the ordinance shall also combine the base zoning district(s) of the landmark, or of all properties within the historic district, with the "H" overlay/combining zoning district incompliance with section 21.14.020. Page 9 of 18 Text Amendment -Chapter 21.33 (Historic Preservation) Exhibit A-1 D. Rescinding a Historic Resource from the Historic Resource Inventory. The decision to rescind the listing of a designated historic resource shall require approval by the City Council upon recommendation of the Historic Preservation Board and the Planning Commission. 1. Initiation. a. Rescission of a historic resource, other than a historic district, may only be initiated by the City Council, Civic Improvement Commission, Planning Commission, Community Development Director, or the owner(s) of the subject property. b. Rescission of a historic district may only be initiated by the City Council, Civic Improvement Commission, Planning Commission, Community Development Director, or the owner(s) of at least 60% of the properties within a historic . district. - 2. Recommendation of Rescission. The Historic Preservation Board and the Planning Commission, respectively, shall each conduct a public hearing in compliance with chapter 21.64 and shall provide to the City Council a recommendation of approval or denial of the proposed rescission, based on findings of fact in the record regarding the historic significance of the resource. In the case of disagreement as to the significance of a historic resource, a historic evaluation report and/or structural report shall be required pursuant to section 21.33.070. 3. Rescission by the City Council. The City Council shall conduct a public hearing. in compliance with chapter 21:64, consider the recommendations of the Historic Preservation Board and the Planning Commission, -and shall either approve or deny the rescission, based on substantial evidence and findings of fact in the record that the resource no longer has historic value with respect to the designation criteria identified in subsection B.1 of this section. a. Resolution. Rescission of a structure of merit shall be by resolution of the City Council. b. Ordinance. Rescission of a landmark or historic district. property shall be adopted by ordinance, of the City Council. E. Procedures following Designation or Rescission of a Historic Resource. The following procedures are required following designation by the City Council: 1. Letter to Owner. The Secretary to the Historic Preservation Board shall mail a letter to the owner of the Historic Resource outlining the basis for the designation, and the regulations that result from the designation. The Secretary to the Historic Preservation Board shall also forward a copy of the letter to all city departments and to any other agency requesting notice or that the Secretary considers affected by the designation; Page 10 of 18 Text Amendment -Chapter 21.33 (Historic Preservation) Exhibit A-1 2. Owner Agreement. Upon designation as a historic resource, the property owner shall sign an agreement stating that they will keep the historic resource in good repair in compliance with the provision of section 21.33.100; 3. Update of City Records. The historic resource inventory shall be updated with the new designation (or rescission) and the associated DPR 523 Forms shall be updated with the criteria used for designation or the reason for the rescission; 4. Filing with County Recorder. The Secretary to the Historic Preservation Board shall record the designation (or rescission) with the County recorder's office, acknowledging the structure as a historic resource on the property's title deed. Landmarks and Historic Districts shall also be recorded as a historic overlay "H" zone change. 21.33.070 -Application for an Exterior Alteration to a Historic Resource A. Application Contents. An application and associated fees for an exterior alteration to a historic resource (including but not limited to replacement of windows, doors, columns, porches, chimneys, roofing, or siding materials) shall be filed with the Community Development Department. In addition to the fees and materials required by section 21.38.070, an application affecting a historic resource shall also include the following information: ' 1. Statement of Work. A clear statement of the proposed scope of work. Where the application is for demolition, the necessity for demolition shall be justified; 2. Historic Evaluation Report. As, more specifically provided in the chapter, a historic evaluation report, paid for by the applicant and commissioned by the city, may be required describing the current condition ~of the structure(s) and its aesthetic, architectural, cultural, or engineering interest or historical value; 3. Other information. The Community Development Director or the Historic Preservation Board may require additional information as necessary to evaluate the proposal, including but not limited to a report from a structural engineer with an estimate of the cost of bringing the structure up to current building and fire codes for occupancy; 4. Site Visit. The Historic Preservation Board and/or the decision making body may request that a site visit be allowed to evaluate the proposed application as it relates to the site and the greater neighborhood. B. Application Review. All historic resource alteration permit applications shall be reviewed by the Community Development Director or the Historic Preservation Board and acted upon by the decision making body identified in Section 21.33.030 or as otherwise described in this chapter. Page 11 of 18 Text Amendment -Chapter 21.33 (Historic Preservation) Exhibit A-1 1. Building Permit Applications. All building permit applications affecting a historic resource shall be reviewed by the Community Development Director. if the building permit involves an exterior alteration or material change, it shall be reviewed in accordance with the following provisions. a. Structures of Merit: Any exterior alteration or material change to a structure of merit shall be reviewed by the Community Development Director. The "Design Guidelines for Historic Residential Buildings" shall be consulted when exterior changes to residential properties are proposed: 1) Expedited Process. If the Community Development Director determines .that the application would not alter the character-defining features of the structure of merit, the application shall be reviewed in accordance with chapter 21.40 (Zoning Clearances); 2) Referral to the Historic Preservation Board: Any application that alters the character-defining features of a structure of merit shall be reviewed in accordance with section 21.33.080 (Tier 1 Permit) within 30 days from the date the application is found complete.; b. Landmark or Historic District property. An application for an exterior alteration or material change to a landmark or historic district property shall be reviewed by the Historic Preservation Board in accordance with section 21.33.080 (Tier 1 Permit) within 30 daysrfrom the date the application is found complete. 2. Discretionary Permit Applications. All discretionary applications affecting a historic resource shall be reviewed in accordance with section 21.33.080 (Tier 1 Permit) within 30 days from the date the application is found complete. If the project requires Site and Architectural Review by the Planning Commission, the Historic Preservation Advisor shall serve as an advisor to the Site and Architectural Review Committee, pursuant to section 21.54.050.D. 3. Significant Alterations. Any application that would result in a significant adverse impact to the historic resource shall be reviewed in conformance with the Tier 2 requirements of section 21.33.090. An alteration that is consistent with the Secretary of the Interior's Standards is not generally considered a significant adverse, impact. C: Interim Measure to Preserve the Historic Resource. The city may take steps as it determines are reasonable and necessary to preserve the historic resource in compliance with the purposes of this chapter. The steps may include: a.. Consulting with civic groups, public agencies, and interested citizens; b. Acquiring the historic resource by private or public bodies or agencies; c. Relocating the historic resource; d. Salvaging parts of the historic resource that are not able to be retained on the historic resource. Page 12 of 18 Text Amendment -Chapter 21.33 (Historic Preservation) Exhibit A-1 21.33.080 -Historic Resource Alteration Permit (Tier 1) ' A. Tier 1 Application Review. Pursuant to Section 21.33.070, a Tier 1 application shall be required for any alteration to a landmark or historic district property or for any alteration to a structure of merit that the Community Development Director finds to be inconsistent with its character-defining features. If the application conforms to the Secretary of the Interior Standards, it shall be reviewed in accordance with the provisions of this section. Any alteration that does not -conform to the Secretary of Interior Standards shall be reviewed in compliance with the Tier 2 requirements of section 21.33.090. B. Recommendation by the Historic Preservation Board. The Historic Preservation Board shall conduct a public hearing in compliance with chapter 21.64 and review the Tier 1 application for conformance with the findings specified in subsection C.1 of this section, and shall provide to the decision making body a recommendation of approval, approval with modifications, or denial. 1. Recommended Modifications. In recommending approval of a Tier 1 application, the Historic Preservation Board may suggest reasonable and necessary modifications to the architecture, materials, or relation to the street or public way or neighborhood context, intended to ensure that the application will comply with the required findings. 2. Recommended Voluntary Actions. The Historic Preservation Board may recommend voluntary actions, including but not limited to retaining and reusing ' materials or offering materials for salvage if the material(s) are not able to be retained in some capacity. C. Action by the Decision Making Body. The decision making body, identified in Table A of section- 21.33.030, shall consider the recommendation of the Historic Preservation Board, and shall either approve, approve with modification, or deny the Tier 1 application, based on the following findings: 1. The proposed action is consistent with the purposes of this chapter and the applicable requirements of the Municipal Code; 2. The proposed action is consistent with the applicable design guidelines, including but not limited to the Historic Design Guidelines for Residential y Buildings; 3. The proposed action will not have a significant impact on the aesthetic, architectural, .cultural, or engineering interest or historical value of the historic resource or district; and 4. The proposed action is consistent with the Secretary of the Interior's Standards, as follows: Page 13 of 18 Text Amendment -Chapter 21.33 (Historic Preservation) Exhibit A-1 a. The proposed action will preserve and retain the historic character of the historic resource and will be compatible with the existing historic features, size, massing, scale and proportion, and materials. b. The proposed action will, to the greatest extent possible, avoid removal or significant alteration of distinctive materials, features, finishes, and spatial relationships that characterize the historic resource. c. Deteriorated historic features will be repaired rather than replaced to the greatest extent possible. d. New additions will be differentiated from the historic resource and will be constructed such that the essential form and integrity of the historic resource shall be protected if the addition is removed in the future. D. Appeals. The decision shall be final unless the applicant or other interested party makes an appeal in writing within ten days of the decision, in compliance with chapter 21.62 (Appeals). 21.33.090 -Historic Resource Alteration, Relocation, or Demolition Permit (Tier 2) A. Tier 2 Application Review. An application that is found to be inconsistent with the Secretary of Interior Standards or that relocates or demolishes a historic resource shall be reviewed in accordance with this section, prior to issuance of a zoning clearance or discretionary permit. The applicant shall be required to submit fees for CEQA analysis for any Tier 2 application. The applicant shall submit sufficient documentation as necessary to complete a CEQA analysis, including but not limited to the information described in section 21.33.070.A. B. Recommendation by the Historic Preservation Board. The Historic Preservation Board shall conduct a public hearing in compliance with chapter 21.64 and review the application for conformance with the findings specified in subsection C.1 or C.2 of this section, whichever is applicable, and shall provide to the decision making body a recommendation of approval, approval with modifications, or denial of the Tier 2 application. C. Action by the Decision Making Body. The decision making body, identified in Table A of section 21.33.030, shall conduct a public hearing in compliance with chapter 21.64, shall consider the recommendation of the` Historic Preservation Board, and shall either approve, approve with modification, or deny the Tier 2 application based on the following findings: 1. Required Findings for a Tier 2 Alteration or Demolition. a. The resource no longer meets the historic designation criteria identified in subsection 21.33.060.B.1 of this chapter; or b. The Tier 2 alteration or demolition is exempt from CEQA, has been mitigated to a less than significant impact, or has otherwise complied with the CEQA Page 14 of 18 Text Amendment -Chapter 21.33 (Historic Preservation) Exhibit A-1 statute; and 1) The applicant has demonstrated that the alteration or demolition is necessary to correct an unsafe or dangerous condition in compliance with Section 21.33.110 (Unsafe or Dangerous Conditions); or 2) The applicant has demonstrated that the denial of the application will result in immediate or substantial hardship in compliance with Section 21.33.140 (Showing of Hardship). 2. Required Findings for a Tier 2 Relocation. a. The resource no longer meets the historic designation criteria identified in subsection 21.33.060.6.1 of this chapter; or b. The relocation is exempt from CEQA, has been mitigated to a less than significant impact, or has otherwise complied with the CEQA statute; and c. The relocation will avoid significant alteration or demolition of the historic resource to the greatest extent possible. D. Appeals. The decision shall be final unless the applicant or other interested party makes an appeal in writing within ten days of the decision, in compliance with chapter 21.62 (Appeals) E. Procedures for Demolition or Relocation of a Historic Resource 1. Resolution. Demolition or relocation of a structure of merit shall be by resolution of the City Council. 2. Ordinance. Demolition or relocation of a landmark or historic district property shall be upon adoption of an ordinance by the City Council. 3. Update of City and County Records. Upon approval for demolition or relocation, all city and county records, including but not limited to the historic resource inventory, zoning map, DPR 523 Forms, etc. shall be updated accordingly: 21.33.100 -Duty to keep in good repair. The property owner of a historic resource shall keep the historic resource in good repair as necessary to prevent its deterioration and decay. If the property owner allows a designated historic resource to suffer severe deterioration beyond the point of repair, the homeowner shall be subject to the provisions of chapter 6.10 (Nuisance Abatement and Administrative Penalties). Destruction from natural disasters beyond the control of the property owner are excepted from the property owner's duty to keep the historic resource in good repair. Page 15 of 18 Text Amendment -Chapter 21.33 (Historic Preservation) Exhibit A-1 21.33.110 -Unsafe or dangerous conditions Nothing in this chapter shall be construed to prevent any work to a historic resource when the building. official or fire chief certifies that the action is required for the public safety due to an unsafe or dangerous condition. The Historic Preservation Board shall be notified of the work and the findings of the building official or fire chief certifying that the action was required to correct an unsafe or dangerous condition. The Historic Preservation Board shall also be notified if the action was rectified through the use of the California Historical Building Code. 21.33.120 -Maintenance and repair Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of a historic resource so long as it does not change the design, material, or external appearance of an exterior architectural feature of a historic resource. 21.33.130 -California Historic Building Code The purpose of the California Historic Building Code (CHBC) is to provide regulations for the preservation, restoration, .rehabilitation, relocation or reconstruction of historic resources. The intent of the CHBC is to facilitate the preservation and continuing use of qualified historic resources while promoting sustainability, providing access for persons with disabilities, providing acost-effective approach to preservation, and providing for the reasonable safety of the occupants or users. 21.33.140 -Showing of hardship The Historic Preservation Board may recommend approval of work that does not meet the standards set forth in this chapter . if the applicant presents facts clearly demonstrating that failure to receive the approval will cause an immediate and substantial hardship. In determining whether extreme hardship exists, the Historic Preservation Board may require additional information, documentation and expert testimony, the cost of which shall be paid by the applicant. If hardship is found to exist under this section, the Historic Preservation Board shall specify the facts relied upon in making the finding for approval. 21.33.150 -Incentives for preserving Historic Resources In order to carry out more effectively and equitably the purposes of this chapter, the City Council may, by resolution, approve one of the following incentives to support the preservation, maintenance and appropriate rehabilitation of a historic resource. The decision of whether or not to offer or grant any incentive shall rest in the sole and unfettered discretion of the City Council; and nothing contained in this section shall obligate the Council to offer or grant any incentive. Page 16 of 18 Text Amendment -Chapter 21.33 (Historic Preservation) Exhibit A-1 A. Economic Incentives 1. Mills Act. To qualify for the Mills Act program, a structure must be designated as a historic resource on the city's historic resource inventory. Priority will be given to applications that substantially reduce the threat to the historic resource of demolition, deterioration, abandonment, and/or general neglect and that result in the greatest value of improvements to the historic resource thereby resulting in the greatest benefit to the public. One hundred percent (100%) of the estimated tax savings shall be used to finance the improvements and property maintenance of the historic resource. 2. Permit Fee Waivers. An individual may file a request for City Council consideration to grant a full or partial waiver of application processing fee(s) required under this chapter whenever the City Council finds that such waiver would advance the purposes of the Historic Preservation Ordinance and the General Plan. B. Other Incentives 1. Recognition. The city may issue awards and commendations (e.g., plaques) that recognize the outstanding contributions of individuals and organizations that further the city's -preservation efforts, foster civic pride, and increase public awareness of the architectural and cultural heritage of the community. 2. Zoning Exception. The purpose of a zoning exception is intended to provide a degree of flexibility from the Zoning Ordinance as necessary to minimize impact to the historic character of a historic resource. The types of zoning exceptions that may be considered include relief from the required setbacks, residential parking, sign area, allowed uses, or permit requirements. The decision making body shall approve the zoning exception if the following findings have been made: a. The zoning exception will facilitate development and use of a historic resource in a manner that is more consistent with its historic character than would be possible under strict compliance with the Zoning Ordinance; b. The zoning exception will not adversely impact property or public rights-of- way in the surrounding neighborhood or within a historic district; c. The zoning exception will not negatively impact the integrity or historic characteristics of the historic resource; d. The zoning exception is the minimum departure from the requirements of the Zoning Ordinance; and e. The zoning exception is in conformance with the General Plan, adopted area plan, and applicable design guidelines ~ . Page 17 of 18 Text Amendment -Chapter 21.33 (Historic Preservation) Exhibit A-1 21.33.160 -Conformance requirement Issuance of a permit in conformance with this chapter does not relieve anyone from compliance with the requirements of other standards and requirements of this Zoning Ordinance or those of the building and fire codes. 21.33. 170 - Severability If any section, subsection, subdivision, sentence, clause, phrase or part of this chapter or any part thereof is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter or any part thereof. The City Council declares that it would have adopted this chapter and each section, subsection, subdivision, sentence, clause, phrase or part thereof irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or parts be declared invalid or unconstitutional. Page 18 of 18