§ 18.62.100. EXTERIOR ALTERATIONS TO HISTORICAL PROPERTIES UNDER A MILLS ACT CONTRACT.


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  • .010 Review Authority. A Historical Property Preservation Agreement (“Mills Act Contract”) between the owner of a historical property and the City requires that the owner maintain the qualified historical property in exchange for an assessment of value pursuant to Article 1.9 of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code. The Planning and Building Director, subject to the limitations of this section, may approve an Exterior Alteration to a historical property under a Mills Act Contract. The Planning and Building Director may refer any application for an exterior alteration to a Mills Act Property to the Planning Commission in accordance with Section 18.60.080 (Planning Director Reviews).
    .020 Applicability. The owner of a historical property must preserve, maintain, and, where necessary, restore and rehabilitate the Historical Property and its “Character Defining Features” in accordance with (i) the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, (ii) the United States Secretary of the Interior’s Standards for Rehabilitation and (iii) the State Historical Building Code. “Character Defining Features” shall include, but not be limited to, the general architectural form, style, materials, design, scale, proportions, organization of windows, door and other openings, details, mass, roof line, and all other aspects of the appearance of the exterior of the Historical Property. An “Exterior Alteration” may include, but is not limited to, demolition of any portion of the Historical Property, exterior door or window replacement, major landscaping projects and all other similar exterior alterations of the Historical Property, regardless of whether a building permit is required for such exterior alteration.
    .030 Procedures. An application on a form approved by the Planning and Building Director, for an exterior alteration to a historical property shall be filed with the Planning and Building Department.
    .040 Fees. An application fee may be charged per Chapter 18.80 (Fees).
    .050 Findings. The Review Authority must make the following findings prior to approving an exterior alteration to a historical property:
    .0501 The exterior alteration is consistent with the purpose and intent of the United States Secretary of the Interior’s Standards for Rehabilitation as outlined in the executed Mills Act Contract;
    .0502 The proposed exterior alteration would not adversely affect any historic character-defining features;
    .0503 The exterior alteration would be consistent with the architectural style of the property;
    .0504 The approval of the proposed exterior alteration is consistent with the Citywide Historic Preservation Plan Design Guidelines for Historic Properties.
    .060 Conditions. In granting an application for exterior alteration, the Reviewing Authority may impose conditions of approval deemed reasonable and necessary to ensure compliance with this Subsection.
    .070 Decision. The decision of the Planning and Building Director is final, unless appealed to the Planning Commission, within ten (10) days after the date of the decision, in accordance with Chapter 18.60 (Procedures).
    (Ord. 6461 § 27; April 16, 2019.)