HomeMy WebLinkAboutItem 6g. Second Reading and Adoption of Ordinance No. 1753 (2025 Series) repealing and replacing Chapter 14.01 of the Municipal Code (HPO) to include recommended updates and amendments Item 6g
Department: Community Development
Cost Center: 4006
For Agenda of: 1/13/2026
Placement: Consent
Estimated Time: N/A
FROM: Timmi Tway, Community Development Director
Prepared By: Brian Leveille, Principal Planner
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1753 (2025
SERIES) REPEALING AND REPLACING CHAPTER 14.01 OF THE
MUNICIPAL CODE (HISTORIC PRESERVATION ORDINANCE) TO
INCLUDE RECOMMENDED UPDATES AND AMENDMENTS
RECOMMENDATION
Adopt Ordinance No. 1753 (2025 Series) entitled, “An Ordinance of the City
Council of the City of San Luis Obispo, California, repealing Chapter 14.01
(Historic Preservation Ordinance) of the Municipal Code in its entirety and
introducing and adopting a replacement Chapter 14.01 to include
recommended updates and amendments as reflected in the attached
Exhibit A (CODE-0758-2025)”
POLICY CONTEXT
General Plan
Various policies and programs in the Cultural Heritage (Chapter 3) section of the
Conservation and Open Space Element support the City’s Historic Preservation Program,
including the identification and preservation of historic resources. Land Use Element
(LUE) Policy 12.4 also describes the intended use of the Historic Preservation Ordinance
and Historic Preservation Program Guidelines by the City Council, Cultural Heritage
Committee, and other advisory bodies in the review of projects within a historic district or
on property with a listed historic resource to ensure protection of historic resources .
Additionally, the Historic Context Statement provides information to support the review
and identification of resources. The most relevant policies to the Historic Resources
Inventory update effort are listed below:
Conservation and Open Space Element (COSE) Goal 3.2: The City will expand
community understanding, appreciation and support for historic and architectural
resource preservation to ensure long-term protection of cultural resources.
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Item 6g
Land Use Element (LUE) Implementation Policy 12.4: Historic Preservation
Ordinance and Guidelines are used by the staff, City Council, Planning
Commission, Cultural Heritage Committee, and other advisory bodies in the
review of projects within a historic district or on property with a listed historic
resource to ensure protection of historic resources. The City’s Historic Context
Statement provides information to support the review and identification of
resources.
Major City Goals
An update of the Historic Resources Inventory, beginning with updates of the Historic
Preservation Ordinance and Historic Context Statement was included as an
implementation task of the City’s Major City Goal for Cultural Vitality, Economic
Resilience, and Fiscal Sustainability in the 2023-25 Financial Plan. Continued work to
complete the Project was included in the 2025-27 Financial plan.
Municipal Code Chapter 14.01
The Historic Preservation Ordinance (Chapter 14.01 of the Municipal Code) implements
General Plan policies for preservation and includes various provisions for the
identification and protection of historic resources including significance criteria, historic
classifications, review processes, and requirements that apply to proposed alterations to
historic resources including the Secretary of Interior Standards and Historic Preservation
Program Guidelines. For this project, various updates are focused on clas sifications,
significance criteria, and review processes for historic significance determinations to set
the framework for the upcoming update of the Historic Resources Inventory.
DISCUSSION
This item represents Phase 1 of the project to update the City’s Historic Resources
Inventory, and the recommended amendments provide an updated framework and
guidance for the City’s review of the current Historic Resources Inventory, future surveys,
and for continued effective implementation of the City’s Historic Preservation Program
into the future. Once the Historic Resources Inventory update is completed (Phase 2), the
City will have achieved an updated inventory providing certai nty that listed properties
meet currently adopted criteria, along with more clarity and information to guide decisions
when reviewing proposed alterations on historically listed properties. This will result in
reduced timeframes for review, more certainty for property owners on how to approach
alterations, reduced costs, and streamlined project review timeframes.
Previous Council or Advisory Body Action
Cultural Heritage Committee Review
On September 29, 2025, the Cultural Heritage Committee held a special meeting to
review the draft updates to the Historic Preservation Ordinance and Historic Context
Statement as part of Phase 1 of the Project. The Cultural Heritage Committee voted
(5-0) to recommend the updates to the Planning Commission with minor modifications
that were incorporated into the draft update documents.
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Item 6g
Planning Commission Review
On October 22, 2025, the Planning Commission, on a 4-0 vote, recommended the City
Council adopt the recommended updates. No changes were made to the Cultural
Heritage Committee recommended updates (Attachment G, Planning Commission
Resolution No. PC 1111-2025).
City Council Review
On December 2, 2025, the City Council unanimously voted (4:0) to introduce the
ordinance to repeal and replace the Historic Preservation Ordinance (Attachment A) and
adopting a resolution approving updates to the Historic Context Statement.
Next Steps
The updated Historic Context Statement took effect immediately upon the City Council’s
vote to approve the update. Provided the Council adopts the ordinance for the Historic
Preservation Ordinance update, it will become effective on February 13, 202 6. Staff will
initiate Phase 2 of the project to review the current Historic Resources Inventory and
survey for new potential resources in the mid 2026 timeframe.
CONCURRENCE
The recommended updates were reviewed by the City Attorney’s Office and staff
collaborated with the Office of Diversity, Equity, and Inclusion (DEI) for outreach on the
Historic Context Statement.
ENVIRONMENTAL REVIEW
The recommended updates to the Historic Preservation Ordinance and Historic Context
Statement consists of actions by a regulatory agency authorized by the state or local
ordinance, to assure the maintenance, restoration, or protection of the environment, and
therefore, are categorically exempt from environmental review (Section 15308, Actions
by Regulatory Agencies for Protection of the Environment).
FISCAL IMPACT
Budgeted: Yes Budget Year: 2023-26
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $250,000
Phase 1 and 2
$0 $182,289.78 $0
State
Federal
Fees
Other:
Total $ 250,000 $0 $ 182,289.78 $0
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Item 6g
There is no fiscal impact associated with the recommended actions of this report. The
cost of the consultant services that were necessary for the update to the Historic
Preservation Ordinance and Historic Context Statement were allocated through the
budget process, as this was a Major City Goal workplan item for the Community
Development Department. The allocated amount was for both phases of the project
including Phase 1, which is the current update of the Historic Preservation Ordinance and
Historic Context Statement ($100,000) and Phase 2 which includes the update of the
Historic Resources Inventory ($150,000) which will be initiated in the 2026 timeframe.
ALTERNATIVES
1. Council could continue review of the recommended updates. Council can
continue the item for any additional information needed. An action to continue the item
should include a description or list of additional information or analysis required to
make a decision so that staff and the consultant can be prepared with additional
information.
2. Council could modify the recommended updates. The Council could decide to
make minor, non-substantive modifications to Chapter 14.01 (Historic Preservation
Ordinance) for staff to incorporate into final documents. Any material changes to the
Final Ordinance would require reintroduction and adoption at subsequent meetings.
3. Council could decide not to adopt the recommended updates. Completion of
Phase 1 of the Historic Resources Inventory update would not be accomplished with
this Council action.
ATTACHMENTS
A - Ordinance No. 1753 (2026 Series)
B - Exhibit A: Chapter 14.01 (Historic Preservation Ordinance)
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O-1753
ORDINANCE NO. 1753 (2025 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, REPEALING CHAPTER 14.01 (HISTORIC
PRESERVATION ORDINANCE) OF THE MUNICIPAL CODE IN ITS
ENTIRETY AND INTRODUCING AND ADOPTING A REPLACEMENT
CHAPTER 14.01 TO INCLUDE RECOMMENDED UPDATES AND
AMENDMENTS AS REFLECTED IN THE ATTACHED EXHIBIT A (CODE-
0758-2025)
WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo held
a public hearing on September 29, 2025, to review proposed amendments to the City’s
Historic Preservation Ordinance and Historic Context Statement and recommended the
Planning Commission recommend adoption and approval of the updates t o the City
Council; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted
a public hearing in the Council Chambers of City Hall, 990 Palm Street, San Luis Obispo,
California on October 22, 2025, to review amendments to the Historic Preservation
Ordinance and recommended City Council introduction and adoption of the
recommended updates; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California on December 2, 2025, for the purpose of considering the recommended
updates to the Historic Preservation Ordinance and voted to introduce an ordinance for
its repeal and replacement; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California on
January 13, 2025, for the purpose of considering adoption of an ordinance to repeal and
replace the Historic Preservation Ordinance; and
WHEREAS, notices of said public hearings were made at the time and in the
manner required by law; and
WHEREAS, the recommended amendments to the Historic Preservation
Ordinance are Phase 1 of the Council authorized Historic Resources Inventory project
(Project) and provides updated significance criteria and historic classifications for Phase
2 of the Project, which will include review and update of the existing Historic Resources
Inventory and surveys for new potential historic resources; and
WHEREAS, notices of said public hearing were made at the time and in the
manner as required by law; and
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Ordinance No. 1753 (2025 Series) Page 2
O-1753
WHEREAS, the City Council has duly considered public input and the evaluation
and recommendations by staff, the Cultural Heritage Committee, and Planning
Commission.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Incorporation of Recitals. The City Council find that the foregoing
recitals and agenda report presented with this ordinance are true and correct and are
incorporated in the ordinance by this reference and adopted as the findings of the City
Council.
SECTION 2. Findings. Based upon all the evidence, the City Council makes the
following findings:
1. The proposed updates to the Historic Preservation Ordinance are
consistent with and implement Land Use Element Policy 12.4 since the
updates support the review and identification of historic resources.
2. The proposed updates are consistent with and implement G eneral Plan
Conservation and Open Space Element Goal 3.2 since the proposed
amendments update the Historic Preservation Ordinance which provide s
the significance criteria and historic classifications for the determination of
properties that are historically significant.
3. The proposed amendments are consistent with and implement General
Plan Conservation and Open Space Element Policy 3.3.1 by updating
documents that are used to identify significant historic resources.
4. The proposed amendments are consistent with and implement General
Plan Conservation and Open Space Element Program 3.6.1 by assisting
the Cultural Heritage Committee with the identification and development
of information on historical resources.
5. The proposed amendments are consistent with Certified Local
Government requirements from the Office of Historic Preservation (OHP)
to keep and maintain an updated historic resources inventory based on
the criteria of a local ordinance.
SECTION 3. Environmental Determination. The recommended updates to the
Historic Preservation Ordinance and Historic Context Statement consist of actions by a
regulatory agency authorized by the state or local ordinance, to assure the maintenance,
restoration, or protection of the environment, and are therefore categorically exempt from
environmental review (Section 15308, Actions by Regulatory Agencies for Protection of
the Environment).
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Ordinance No. 1753 (2025 Series) Page 3
O-1753
SECTION 4. Action. New Chapter 14.01 (Historic Preservation Ordinance), as set
forth in Exhibit A, is hereby introduced to replace existing Chapter 14.01 in its entirety
upon adoption. In accordance with the changes made to Chapter 14.01, as fully set forth
in Exhibit A, all existing properties in the City’s Historic Resources Inventory with the
designation of “Master List” shall be redesignated as “Landmark” historic resources and
all existing properties in the City’s Historic Resources Inventory with the designation of
“Contributing List” shall be redesignated as “Local Register” historic resources upon the
effective date of this ordinance.
SECTION 5. Severability. If any subdivision, paragraph, sentence, clause, or
phrase of this Ordinance is, for any reason, held to be invalid or unenforceable by a court
of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or
enforcement of the remaining portions of this Ordinance, or any other provisions of the
city's rules and regulations. It is the city's express intent that each remaining portion would
have been adopted irrespective of the fact that any one or more subdivisions, paragraphs,
sentences, clauses, or phrases be declared invalid or unenforceable .
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Ordinance No. 1753 (2025 Series) Page 4
O-1753
SECTION 6. Implementation. A summary of this ordinance, together with the
names of Council members voting for and against, shall be published at least five (5) days
prior to its final passage in The New Times, a newspaper published and circulated in this
City. This ordinance shall go into effect at the expiration of thirty (30) days after its final
passage.
INTRODUCED on the 2nd day of December, 2025, AND FINALLY ADOPTED by
the Council of the City of San Luis Obispo on the 13th day of January, 2026, on the
following vote:
AYES:
NOES:
ABSENT:
__________________________
Mayor Erica A. Stewart
ATTEST:
_______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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Chapter 14.01 San Luis Obispo Municipal Code, Historic Preservation Ordinance Page 1 of 23
Historic Preservation Ordinance – January 2026
Chapter 14.01
HISTORIC PRESERVATION ORDINANCE
14.01.010 Findings and purpose.
A. Findings.
1. The city of San Luis Obispo has a distinctive physical character and rich history that are
reflected in its many cultural and historic resources. These irreplaceable resources are
important to the community’s economic vitality, quality of life, and sense of place, and need
protection from deterioration, damage, and inappropriate alteration or demolition.
2. The city of San Luis Obispo has been fortunate to have owners who care about the
history of their community and have undertaken the costly and time-consuming task of
restoring, maintaining, and enhancing their historic homes and commercial buildings. Their
efforts have enhanced the distinctive character and sense of place of the community.
3. The California Environmental Quality Act (“CEQA”) considers historic resources to be part
of the environment that may be adversely affected by projects subject to public agency
review. The establishment of clear local guidance for the identification and preservation of
such resources lends clarity and certainty to the review of those development applications
involving historic resources that are subject to review under CEQA.
B. Purpose. The broad purpose of this chapter is to promote public health, safety, and welfare
through the identification, protection, enhancement, and preservation of those properties,
structures, sites, artifacts, and other cultural and historic resources that represent distinctive
elements of San Luis Obispo’s cultural, educational, social, economic, political, and architectural
history. Specifically, this chapter sets forth regulations and procedures to:
1. Identify, protect, preserve, and promote the continuing use and upkeep of San Luis
Obispo’s historic buildings, structures, objects, sites, and landscape features through
establishment and maintenance of the Inventory of Historic Resources.
2. Foster the retention and restoration of historic buildings and other historic resources
that promote tourism, economic vitality, sense of place, and diversity.
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Historic Preservation Ordinance – January 2026
3. Encourage private stewardship of historic buildings and other historic resources through
incentives where possible.
4. Implement the historic preservation goals and policies of the conservation and open
space element of the general plan.
5. Promote the conservation of valuable material and embodied energy in historic
structures through the continued use, restoration and repair, and on-going maintenance of
historic resources.
6. Promote the knowledge, understanding, and appreciation of the City’s distinctive
character, historic resources, and history.
7. Establish the procedures and significance criteria to be applied when evaluating
development project effects on historic resources.
8. Fulfill the City’s responsibilities as a Certified Local Government under state and federal
regulations and for federal Section 106 reviews.
9. Establish the policy of the City to pursue all reasonable alternatives to achieve
compliance with this chapter for the protection of historic resources prior to initiating
penalty proceedings as set forth in Section 14.01.140.
14.01.020 Definitions.
For the purposes of this chapter, certain terms, words, and their derivatives are used as follows:
1. “Adjacent” means located on property that abuts the subject property on at least one
point of the property line, on the same property, or located on property directly across
right-of-way from the subject property and able to be viewed concurrently.
2. “Adverse effects” means effects, impacts or actions that are detrimental or potentially
detrimental to a historic resource’s historical integrity and its ability to convey its
significance.
3. “Alteration” means change, repair, replacement, remodel, modification, or new
construction to: (1) the exterior of a historic resource or adjacent building on the same
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Chapter 14.01 San Luis Obispo Municipal Code, Historic Preservation Ordinance Page 3 of 23
Historic Preservation Ordinance – January 2026
parcel, (2) the structural elements that support the exterior walls, roof, or exterior elements
of a historic resource or adjacent building on the same parcel or within the project site, (3)
other construction on a parcel shared with a historic resource or within the project site, or
(4) character defining features of the interior of a historic resource if the structure’s
significance is wholly or partially based on interior features and the resource is publicly
accessible. “Alteration” does not include ordinary landscape maintenance, unless landscape
features are identified as character-defining at the time a property is listed or found
eligible. “Alteration” also does not include ordinary property maintenance or repair that is
exempt from a building permit.
4. “ARC” means the Architectural Review Commission as appointed by the City Council.
5. “Archaeological site” means those areas where archaeological resources are present and
may include precontact or historic-period archaeological materials and deposits.
Archaeological sites may extend horizontally across multiple parcels or property lines.
6. “California Register” means the California Register of Historical Resources defined in
California PRC 5024.1 and in CCR Title 14, Chapter 11.5, Section 4850, et seq., as it may be
amended.
7. “Character-defining features” refer to those elements of the architectural character and
general composition of a resource, including, but not limited to, type and texture of
building material; type, design, and character of windows, doors, stairs, porches, railings,
molding and other appurtenant elements; and fenestration, ornamental detailing,
elements of craftsmanship, and finishes, etc.
8. “CHC” means the Cultural Heritage Committee as appointed by the City Council.
9. “City” means the City of San Luis Obispo.
10. “Contributing resource” means a property that is within the boundaries of and
contributes to the significance of a Historic District.
11. “Council” means the Council of the City of San Luis Obispo.
12. “Demolition,” for the purpose of this chapter, refers to any act or failure to act that
destroys, removes, or relocates, in whole or part, a historical resource such that its historic
or architectural character and ability to convey its significance are materially impaired.
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13. “Department” means the Community Development Department, or the staff thereof.
14. “Deterioration” means the worsening of a structure’s condition and/or historic integrity,
due to lack of maintenance, organisms, neglect, weathering and other natural forces.
15. “Director” means the director of the Community Development Department, or another
person authorized by the director to act on his or her behalf.
16. “Eligible resource” means any building, structure, object, site, historic district, or historic
district contributor that has been found eligible for designation through a historic resource
evaluation prepared by a qualified professional and accepted by the Director and/or City
Council, but that has not been formally designated in the Inventory of Historic Resources,
California Register of Historical Resources, or National Register of Historic Places.
17. “Feasible” means capable of being accomplished in a successful manner within a
reasonable period of time, taking into account cultural, economic, environmental, historic,
legal, social, and technological factors. “Structural feasibility” means that a building or other
structure can be repaired or rehabilitated so as to be safe and usable without significant
loss of historic fabric. Factors to be considered when making this determination include the
existence of technology that will allow the design of the work and the ability to repair,
supplement or replace load-bearing members and the thermal and moisture protection
systems required for continued use of the structure; and the physical capacity of the
structure to withstand the repair and/or rehabilitation process without the danger of
further damage.
18. “Historic context” are those patterns, themes, or trends in history by which a specific
occurrence, property, or site is understood, and its meaning and significance is made clear.
19. “Historic district” means an area adopted as a Historical Preservation “H” Overlay Zone
by the City under Chapter 17.56, and that has a concentration of buildings, structures,
objects, sites, or landscape features that help define the area or neighborhood’s significant
architectural, cultural, and historic character or sense of place.
20. “Historic Preservation Program Guidelines” means the most recent version of the
Historic Preservation Program Guidelines, as adopted by the City Council and amended
from time to time.
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21. “Historic resource” means any building, structure, object, site, property, landscape
feature, or district that is designated locally as a Landmark, Local Register Resource, or
contributor to a locally designated Historic District, or that has been designated or found
eligible for designation in the California Register of Historical Resources or National
Register of Historic Places as an individual resource or district contributor. This definition
includes, but is not limited to, historic gardens, site features and improvements, accessory
structures, signs, Traditional Cultural Properties, cultural landscapes and areas or objects
of archaeological, architectural, cultural, or historic significance. Elsewhere in City
publications, the terms “historic property” or “cultural resource” may be used to refer to the
same definition.
22. “Historic resource evaluation” means a report prepared by a qualified professional that
evaluates the significance of a resource within its historic context. It explains how the
resource meets the eligibility criteria and integrity thresholds as established by local, state
or federal government.
23. “Historic status” means historic designation of a listed resource as authorized by the
Director or approved by the City Council.
24. “Improvement” means any building, structure, fence, gate, landscape feature (including
gardens), permanent site feature, work of art, or other object constituting a physical
feature of real property or any part of such feature.
25. “Inappropriate alteration” means an alteration to a historic resource that is inconsistent
with the Secretary of the Interior’s Standards for the Treatment of Historic Properties
and/or the Historic Preservation Program Guidelines.
26. “Integrity, architectural or historical” means the ability of a historic resource to convey
its significance, typically evidenced by the retention of attributes that existed during a
resource’s period of significance and including location, design, setting, materials,
workmanship, feeling, and association.
27. “Inventory of Historic Resources” means the City’s list of historically designated
resources and properties, consisting of Landmarks, Local Register Resources, and Historic
Districts, inclusive of their contributing resources, and any historic resources subsequently
added to the inventory, having been determined to meet criteria outlined and approved by
the Director or City Council as described herein.
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28. “Landmark” is the highest level of individual local designation and may be applied to a
historic resource that has been found significant at the local, state, or national level under
one or more of the criteria described in Section 14.01.060, and that retains sufficient
integrity to convey its significance.
29. “Listed resource” means properties and resources included in the Inventory of Historic
Resources. The term “designated” as used herein refers to the same definition.
30. “Local Register Resource” is an individual local designation that may be applied to a
historic resource that has been found significant at the local level under one or more of the
criteria described in Section 14.01.060, and that retains sufficient integrity to convey its
significance.
31. “Mills Act Program” refers to a program established under State law in which owners of
historic buildings may, under a contract with the City, agree to preserve, maintain, and
improve their property in compliance with the Secretary of the Interior’s Standards and
local regulations in exchange for property tax savings.
32. “National Register” means the National Register of Historic Places, the official inventory
of places significant in American history, architecture, engineering, archaeology, and
culture that is maintained by the Secretary of the Interior under the authority of the
Historic Sites Act of 1935 and the National Historic Preservation Act of 1966, as amended.
33. “Neglect” means the lack of maintenance, repair, or protection of a listed resource, site,
structure, or property which may result in deterioration.
34. “Non-contributor” means a property that is located within the boundaries of a Historic
District but does not contribute to the significance of that district.
35. “Property owner” means the person or entity (public or private) holding fee title interest
or legal custody and control of a property.
36. “Qualified professional” means an individual determined by the Director to meet the
Secretary of the Interior’s Professional Qualifications Standards (36 CFR Part 61, Appendix
A) in history, architectural history, historic architecture, or archaeology.
37. “Relocation” means removal of a resource from its original site and its reestablishment
in essentially the same form, appearance, and architectural detailing at another location.
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Relocation may refer to movement of a resource outside of the parcel within which it was
originally built or established, or movement within its original parcel in a manner that alters
its spatial relationships and/or orientation.
38. “Responsible party” means any person, business, corporation or entity, and the parent
or legal guardian of any person under the age of eighteen years, who has committed,
permitted, directed or controlled any act constituting a violation of this chapter.
39. “Secretary of the Interior’s Standards” means the Secretary of the Interior’s Standards
for the Treatment of Historic Properties as published by the U.S. Department of the Interior
and as amended from time to time.
40. “Setting” means the character of the site, physical area, environment, or neighborhood
in which a resource is located.
41. “Site,” as used in this chapter, means the location of an event, a prehistoric or historic
occupation or activity, or of a building, structure, or object whether intact, ruined, or non-
extant, where the location itself possesses known or potential historic, cultural, or
archaeological significance.
42. “Stabilization” means the act or process of applying measures designed to reestablish a
weather-resistant enclosure and/or the structural stability of an unsafe or deteriorated
property while maintaining the essential form as it exists at present.
43. “Structure,” as used in this chapter, includes anything assembled or constructed on the
ground, or attached to anything with a foundation on the ground, including walls, fences,
buildings, signs, bridges, monuments, and similar features.
44. “Traditional Cultural Property” refers to a site or natural landscape associated with
human activities and events, including tribal cultural resources, sacred places, and cultural
landscapes. Traditional cultural properties that meet one or more of the criteria described
in Section 14.01.060 may be designated as historic resources.
45. “Zoning code” means Title 17 of the City’s Municipal Code, as amended from time to
time.
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Chapter 14.01 San Luis Obispo Municipal Code, Historic Preservation Ordinance Page 8 of 23
Historic Preservation Ordinance – January 2026
14.01.030 Cultural Heritage Committee (CHC).
A. Committee membership and terms. The City shall have a Cultural Heritage Committee (the
“CHC” or “committee”), consisting of seven members who shall be appointed by the City Council
(“council”) for terms of up to four years, which shall commence immediately upon appointment
by the council consistent with Resolutions 6157 (1987 Series) and 6593 (1989 Series), and CHC
bylaws or as subsequently amended. The CHC shall function within the guidelines and policies
of the “Advisory Body Handbook” and perform other duties as assigned by council. The CHC is
assisted by the Director and staff of the Community Development Department.
B. Duties. The CHC shall make recommendations to decision-making bodies on the following:
1. Amendments to the Historic Preservation Program Guidelines.
2. Applications for designation of Landmarks, Local Register Resources, and Historic
Districts.
3. Requests for removal from designation as Landmarks, Local Register Resources, and
Historic Districts (including status of contributing resource within Historic Districts).
4. Adoption of historic context statements, historic resource surveys, and design standards
or guidelines.
5. Actions referred by the Director that may affect historic resources, including but not
limited to new construction, additions or alterations, demolition, or relocation of or to
individually designated properties, contributing resources to Historic Districts, or
archaeological sites.
6. Consolidation of information about cultural and historic resources and promotion,
participation in, or sponsorship of educational and interpretive programs that foster public
awareness and appreciation of cultural and historic resources.
7. Development and implementation of, including review of applications for incentive
programs approved by the council that are directed at preserving and maintaining historic
resources (e.g., Mills Act Contracts).
8. Providing information to property owners preparing local, state, and federal historic
nominations to utilize preservation incentives, including the Mills Act and federal or state
tax incentives, such as rehabilitation tax credits.
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14.01.040 Community Development Director role.
The CHC is assisted by staff of the Community Development Department. The Community
Development Director (“Director”) is responsible for interpreting and implementing this chapter
and helping the CHC carry out its duties. The Director may refer applications to the CHC for
review consistent with 14.01.030(B)(5)., The Director may determine that CHC review is not
required for actions or projects that: (1) will not adversely affect historic resources, or (2) are
consistent with this chapter, the Secretary of the Interior’s Standards, and the Historic
Preservation Program Guidelines, and no public purpose would be served by requiring CHC
review. (Ord. 1557 § 3 (part), 2010)
14.01.050 Historic resource designation.
A. The following classifications shall be used to designate historic resources. The primary
categories of historic significance are Landmarks, Local Register Resources, and Historic
Districts. The Department shall make the current list of designated historic resources available
to the public.
1. Landmarks, defined above in 14.01.020.28, are historic resources that are of the greatest
importance at the local, regional, state, or national level. in terms of age, architectural or
historical significance, rarity, or association with important persons or events in the City’s
past, that meet one or more of the criteria outlined in Section 14.01.060 and that retain a
high degree of integrity. Landmarks are eligible for participation in the Mills Act program.
Individual properties that have been listed on the National Register of Historic Places
and/or California Register of Historical Resources, and that have been assigned a California
Historical Status Code of 1, are automatically included in the Inventory of Historical
Resources as Landmarks.
2. Local Register Resources, defined above in 14.01.020.30, are historic resources that are
important locally for their architectural or historical significance or association with
important persons or events in the City’s past, according to the criteria outlined in Section
14.01.060, and that retain sufficient integrity to convey their significance.
3. Historic Districts, as defined above in 14.01.020.19, are discrete areas or neighborhoods
with concentrations of buildings, structures, objects, sites, or landscape features that help
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define an area or neighborhood’s significant architectural, cultural, and historic character
or sense of place, that meet one or more of the criteria outlined in Section 14.01.060, and
that retain integrity. Historic districts consist of identified contributors and non-
contributors within a defined boundary. Landmarks and Local Register Resources within
the boundary of a historic district may be contributors or non-contributors to the district’s
significance.
14.01.060 Evaluation criteria for historic resource designation.
A. In order to be eligible for designation, a Landmark, Local Register Resource, or Historic
District shall be at least fifty years old (if less than fifty it must be demonstrated that sufficient
time has passed to understand its historical importance), demonstrate significance under at
least one of the following criteria, and retain integrity. Consult “National Register Bulletin No.
15: How to Apply the National Register Criteria for Evaluation” for guidance on determining
significance.
1. Events. Associated with events that have made a significant contribution to the broad
patterns of local or regional history or the cultural heritage of California or the United
States.
2. Persons. Associated with the lives of persons important to local, California, or national
history.
3. Architecture. Embodies the distinctive characteristics of a type, period, region, or method
of construction, or represents the work of an architect or design professional of merit or
possesses high artistic values.
4. Information Potential: It has yielded, or has the potential to yield, information important
to the prehistory or history of the local area, California, or the nation.
B. In addition to eligibility under one or more of these significance criteria, Historic Districts
must also demonstrate a sufficient concentration of contributing resources (unless
discontiguous) and continuity of design or thematic associations to convey their character and
significance.
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14.01.070 Designation procedures for Landmarks and Local Register
Resources
A. Application for historic designation. The property owner may request that a property be
designated as a Landmark or Local Register Resource by submitting a completed application to
the Community Development Department (“Department”), accompanied by a historic resource
evaluation report that describes the property’s significance with reference to the criteria
defined in Section 14.01.060 and integrity, identifies the property’s period of significance, and
lists character-defining features. The CHC or Director may recommend, or City Council may
request that the City initiate preparation of an application for designation of a property as a
Landmark or Local Register Resource.
B. Review process, Landmark. The CHC shall review all applications for Landmark designation,
whether initiated by the City or the property owner, to determine if a property proposed for
designation meets eligibility criteria for historic designation. The Director shall provide
notification to the property owner and public, as required by City standards. The CHC will
review the eligibility criteria for a proposed designation at a noticed public hearing. At the
public hearing, the CHC shall forward a recommendation on the application to the City Council.
The City Council will take an action on the application to designate or not designate the
property as a Landmark in adherence with the City’s requirements for noticing and appeal. The
decision of the City Council is final.
C. Owner objection, Landmark. The City Council shall not take an action to designate a property
as a Landmark against the written objection of the property owner.
D. Review process, Local Register Resource. The CHC shall review all applications for designation
as a Local Register Resource, whether initiated by the City or the property owner, to determine
if a property proposed for designation meets eligibility criteria for historic designation. The
Director shall provide notification to the property owner and public, as required by City
standards. The CHC will review the eligibility criteria for a proposed designation at a noticed
public hearing. At the public hearing, the CHC shall forward a recommendation to the Director
to designate or not designate the property as a Local Register Resource. The Director shall
undertake the action to designate the resource in adherence with the City’s requirements for
noticing and appeal.
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E. Removal from historic designation. It is the general intention of the City not to remove a
property from historic designation. However, a property’s designation may be removed if new
or additional information supports the finding that the property is not eligible.
1. City Council may remove a property’s Landmark status following the process for
designation set forth herein.
2. At the recommendation of the CHC, the Director may remove a property’s Local Register
Resource status following the process for designation set forth herein.
14.01.080 Historic district designation—Purpose and application.
A. Historic district designation. All properties within Historic Districts shall be designated by an
“H” zoning. Properties zoned “H” shall be subject to the provisions and standards as provided in
Chapter 17.56 (zoning) of the Municipal Code.
B. Purposes of Historic Districts. The purposes of Historic Districts and H overlay zone designation
are to:
1. Implement cultural and historic resource preservation policies of the general plan, the
preservation provisions of adopted area and neighborhood improvement plans, the
historic preservation and archaeological resource preservation program guidelines;
2. Identify and preserve definable, unified geographical entities that possess a significant
concentration, linkage, or continuity of buildings, structures, objects, sites, or landscape
features united historically or aesthetically by plan or physical development;
3. Enhance and preserve the setting of historic resources so that surrounding land uses
and structures do not detract from the historic or architectural integrity of designated
historic resources and districts; and
4. Promote the public understanding and appreciation of historic resources.
C. Where Applied. The (H) designation may be applied to areas or neighborhoods that are
historically significant according to one or more of the criteria defined in Section 14.01.060, and
that include a collection or concentration of contributing historic or archaeological properties
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that define the district’s architectural and historic character or sense of place, and that possess
sufficient integrity to convey their significance.
D. “H” District Combined. A historic preservation overlay district (H) may be combined with any
zoning district and shall be shown by adding an “H” to the base zone designation. H district
boundaries shall be drawn to follow property lines or right-of-way lines, and as set forth in the
zoning regulations.
14.01.090 Process for establishing or amending Historic Districts.
A. Initiating or Amending Historic Districts. Any person may initiate the process to establish or
alter the boundaries of a historic district. The process can also be initiated by the CHC, Director,
or City Council.
B. Application. An application to establish or alter the boundaries of a historic district shall be
submitted to the Department. The application shall meet the requirements for rezoning as
described in the zoning regulations. The application shall be accompanied by a report that:
1. Describes the district’s significance with reference to the criteria defined in Section
14.01.060,
2. Describes and provides justification for the district boundary,
3. Identifies the district’s period of significance,
4. Lists contributing and non-contributing resources; all parcels within the boundaries of
the district must be included in the list of contributors and non-contributors. Features
within public spaces and rights-of-way, such as street furnishings and landscape features,
may be listed as contributors or non-contributors to a historic district.
5. Lists designated Landmarks and Local Register Resources within the boundary of the
district.
6. Includes a district map with the area to be established or changed shaded or outlined in
a heavy, black boundary line. For Historic Districts with proposed boundary alterations, the
original and proposed boundary to be changed must be clearly labeled.
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C. Review. The CHC shall review the application to determine if a district proposed for
designation and zoning amendment meets eligibility criteria for historic designation and make a
recommendation to the Planning Commission. The Director shall provide notification to all
property owners within the proposed district boundary and public, as required by city
standards. The Planning Commission shall review the CHC recommendation and rezoning
application and make a recommendation to the City Council. The City Council shall review the
application and the recommendations of the CHC and Planning Commission and approve or
disapprove the application. The CHC, Planning Commission, and the City Council shall each
conduct a noticed public hearing on the application.
14.01.100 Demolition of listed or eligible historic resources.
A. Intent. Listed and eligible historic resources (as defined in Section 14.01.020), including
Landmarks, Local Register Resources, and Historic Districts and their contributing resources are
irreplaceable community resources that merit special protection to preserve them for future
generations. For the purposes of review under CEQA, per title CCR 14 § 15064.5, the demolition
of such resources may be found to cause a significant impact to the environment. Buildings,
structures, objects, sites, or landscape features that are listed or eligible historic resources shall
not be demolished unless the City Council makes the findings specified in subsection E of this
section. These findings are additional to the City’s review requirements under CEQA, as
applicable, including but not limited to preparation of an Environmental Impact Report (EIR).
B. Demolition review. The CHC shall review and make a recommendation to the City Council
concerning demolition applications for buildings, structures, objects, sites, or landscape
features listed or eligible for listing in the Inventory of Historic Resources.
C. Demolition thresholds. Demolition permits for buildings, structures, objects, sites, or
landscape features that are included on or that have been found eligible for inclusion on the
Inventory of Historic Resources shall be required for:
1. Alterations to or removal of greater than twenty-five percent of the original building
framework, roof structure, and exterior walls; and
2. Relocation of such resources to a site outside the City limits.
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D. Evaluation required. The Director may require that a historic resource evaluation be submitted
with a demolition application for a building or structure that is fifty years old or older and that
has not been previously evaluated or listed on the Inventory of Historic Resources. The historic
resource evaluation shall be prepared by a qualified professional and shall evaluate the
property’s eligibility for listing in the Inventory of Historic Resources and California Register.
Evaluations shall be reviewed by the Director and CHC for adequacy. Third-party review by a
qualified professional may be required by the Director, at the expense of the applicant.
E. Required Findings for Demolition of a Historic Resource. The decision-making body shall approve
an application for demolition of a building or structure listed in or eligible for listing in the
Inventory of Historic Resources only if it determines that the proposed demolition is consistent
with the general plan and:
1. The historic resource is a hazard to public health or safety, and repair or stabilization is
not structurally feasible. Deterioration resulting from the property owner’s neglect or
failure to maintain the property should not be a justification for demolition. The applicant
may be required to provide structural reports, to the approval of the Director or City
Council, to document that repairs or stabilization are not feasible; or
2. Denial of the application will constitute an economic hardship as described under
subsections (K)(1) through (3) of this section.
These findings are additional to the City’s review requirements under CEQA, including but not
limited to preparation of an Environmental Impact Report (EIR).
F. Demolition Timing. City regulations provide for a ninety-day waiting period before demolition
of a listed or eligible historic resource to allow consideration of alternatives to preserve the
building through relocation and/or property trades. The chief building official shall not issue a
permit for demolishing a listed or eligible historic resource, except where the chief building
official determines that resource may pose an imminent demonstrable threat to human life and
safety, until:
1. Public notice requirements in the City’s demolition and building relocation code have
been met; and
2. A construction permit is issued for a replacement building if one is proposed; and
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3. All permit fees for the new development are paid. Where no new development is
proposed, the property owner shall provide to the Director’s satisfaction financial
guarantees to ensure demolition plans and conditions of approval are implemented.
G. Historic and Architectural Documentation. Before the issuance of a demolition permit for a
building, structure, object, site, or landscape feature listed in the Inventory of Historic
Resources, the resource and its site shall be documented as specified in City standards, to the
satisfaction of the CHC and the Director. The documentation shall be retained in a secure, but
publicly accessible, location. Documentation prepared for implementation of mitigation
measures required as part of the CEQA review process may be sufficient to fulfill this
requirement.
H. Historic Acknowledgement. An acknowledgment of demolished resources shall be provided
through historic signage and/or the reuse or display of historic materials and artifacts on site, at
the owner’s expense, to the Director’s approval.
I. Code Requirements. Demolitions shall follow standards and procedures in the demolition and
building relocation code and California Building Code as locally amended.
J. Expiration of Demolition Approval. Demolition approval of a listed historic resource shall expire
two years after its date of approval, unless a building permit has been issued and construction
has begun. A one-year extension may be granted by the Director. Additional time extensions
shall require reapplication to and approval by the CHC.
K. Economic Hardship. An economic hardship provision is established to ensure that denial of a
demolition permit does not impose undue hardship on the owner of a historic resource. If the
applicant presents evidence clearly demonstrating to the satisfaction of the CHC or the City
Council that the action will cause extreme hardship, the CHC may recommend approval, and
the council may approve or conditionally approve a demolition or other application to modify a
listed historic resource even though it does not meet one or more standards set forth herein.
The applicant shall be responsible for providing substantiation of the claim to the Director, who
shall review the information with the Director of Finance and make a joint recommendation to
the CHC on the hardship request. The CHC shall consider and make a recommendation to the
council regarding the financial impacts of denial of the demolition permit. Private financial
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information shall be maintained in confidence by the City. The CHC is authorized to request
that the applicant furnish information, documentation and/or expert testimony, the cost of that
shall be paid by the applicant, to be considered by the CHC in its related findings. All additional
required information shall be provided by a qualified individual or firm approved by the
Director. In determining whether extreme hardship exists, the CHC and City Council shall
consider evidence that demonstrates:
1. Denial of the application will diminish the value of the subject property so as to leave
substantially no economic value, after considering other means of offsetting the costs of
retaining the historic resource, including, but not limited to, tax abatements, financial
assistance, building code modifications, changes in allowed uses, grants; or
2. Sale or rental of the property is impractical, when compared to the cost of holding such
property for uses permitted in the zoning district; or
3. Utilization of the property for lawful purposes is prohibited or impractical.
14.01.110 Relocation of listed or eligible historic resources.
A. Intent. Relocation of a property within or outside of its original site or parcel (as defined in
Section 14.01.020.37) has the potential to adversely affect the significance of a historic resource
and is discouraged. The City Council will not grant approval for the relocation of a listed historic
resource unless the criteria for relocation under subsection D of this section can be met.
Relocation applications shall be evaluated as follows:
B. Review. The CHC shall review and make a recommendation to the City Council concerning
relocation applications for buildings, structures, objects, sites, or landscape features listed or
eligible for listing in the Inventory of Historic Resources that would result in removal of the
building from its original site or parcel. Minor relocation within a structure’s original parcel may,
at the recommendation of the CHC, be reviewed by the Director. Applications for relocation of
buildings or structures listed or eligible for listing on the Inventory of Historic Resources outside
of the City limits are subject to the requirements of Section 14.01.100.
C. Evaluation required. The Director may require that a historic resource evaluation be submitted
with an application for relocation of a building, structure, object, site, or landscape feature that
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is fifty years old or older and that has not been previously evaluated or listed on the Inventory
of Historic Resources. The historic resource evaluation shall be prepared by a qualified
professional and shall evaluate the property’s eligibility for listing in the Inventory of Historic
Resources and California Register. Evaluations shall be reviewed by the Director for adequacy.
Third-party review by a qualified professional may be required by the Director, at the expense
of the applicant.
D. Criteria for relocation. Relocation of structures included on or that have been found eligible
for listing on the Inventory of Historic Resources is the least preferred preservation method and
shall be permitted only when relocation is consistent with the goals and policies of the general
plan, any applicable area or specific plans, and the Historic Preservation Program Guidelines.
Prior to recommendation of approval for a permit to relocate a listed or eligible resource, CHC
must find the following:
1. The relocation will not significantly change, destroy, or adversely affect the historic,
architectural or aesthetic value of the resource, as demonstrated to the satisfaction of the
CHC and Director by a project analysis report prepared by a qualified professional; and
2. Relocation will not have a significant adverse effect on the character of the Historic
District or neighborhood, or surrounding properties at the resource’s original and
proposed receiving site; and
3. The original site and the proposed receiving site are controlled through ownership, long-
term lease or similar assurance by the person(s) proposing relocation, to the Director’s
approval; and
4. The proposed receiving site is compatible with the original character and use of the
resource or eligible resource’s historic significance; and
5. The relocation is necessary to correct an unsafe or dangerous condition on the site and
no other measures for correcting the condition are feasible; or
6. The proposed relocation meets the findings for economic hardship required under
Section 14.01.100(K).
These findings are additional to the City’s review requirements under CEQA, including but not
limited to preparation of an Environmental Impact Report (EIR).
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E. Relocation Timing. The historic resource shall not be relocated unless the chief building official
issues a permit for relocation and all permit or impact fees for new development are paid; or,
where no new development is proposed, an appropriate security is posted to guarantee that
relocation plans are implemented to the Director’s approval.
F. Historical and Architectural Documentation. Prior to issuance of a construction permit for
relocation, the resource and its site shall be historically documented as specified herein, to the
satisfaction of the CHC and the Director. An acknowledgment of the resource, such as a
permanent, weatherproof historic plaque, shall be incorporated on the resource’s original site
as provided by the applicant or property owner, subject to the approval of the CHC and
Director.
G. Relocation Plan and Procedures. Relocations shall follow a plan approved by the CHC, that
adheres to standards of the California Building Code, and the following:
1. Application for relocation shall be made on forms provided by the Department and shall
include information to respond to the criteria in subsection D of this section.
2. The CHC shall hold a noticed public hearing and recommend action to City Council on
the application for relocation of a historic resource, and the City Council shall consider the
CHC’s recommendation in making the final determination to approve or deny the permit.
14.01.120 Unpermitted demolition or destruction of listed or eligible
historic resources.
A. Preservation of listed historic resources. The purpose of this section is to prevent unpermitted
active demolition or demolition by neglect by ensuring that listed historic resources are
maintained in good repair, and free from structural defects and safety hazards, consistent with
the International Property Maintenance Code, Property Maintenance Standards (Chapter
17.76), and standards as specified herein. Demolition in whole or part, of a listed or eligible
historic resource requires city authorization, pursuant to Section 14.01.100.
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B. Enhanced Penalties for Unpermitted Demolition. In addition to penalties otherwise provided for
violations of the San Luis Obispo Municipal Code and this chapter, the City Council, following
notice and a public hearing, may impose the following enhanced penalties for unpermitted
demolition of a listed or eligible resource, as defined herein, where the property owner has
willfully demolished, or directed, or allowed the demolition of a listed resource, or where the
property owner has failed to comply with notices to correct violations of this code, such that the
continuance of such violations may result in the unpermitted demolition of the listed historic
resource (either active or by neglect):
1. Restoration. The owner may be required to restore the property or structure to its
appearance prior to the violation to the satisfaction of the Director.
2. Building Permit Restriction. The City may prohibit the owner(s), successors, or assigns from
obtaining a building permit for development of the subject property for a period of up to
five years from the date of violation, unless such permit(s) is for the purpose of complying
with provisions of this chapter. In cases where this penalty is imposed, the City shall:
a. Initiate proceedings to place a deed restriction on the property to ensure
enforcement of this restriction.
b. Require the property owner to maintain the property during the period of
development restriction in conformance with standards set forth in this chapter.
c. Initiate action to remove any such deed restriction within ten days of correction or
compliance. Subsequent development applications shall be subject to CEQA review as
appropriate and conditions of development shall address the demolition of the historic
resource.
3. Loss of Preservation Benefits. Any historic preservation benefits previously granted to the
affected property, such as a Mills Act contract, may be subject to revocation.
4. Other Remedies. These enhanced penalties are nonexclusive, in addition to and not in lieu
of penalties otherwise provided for violations of the San Luis Obispo Municipal Code and
this chapter, including, but not limited to, administrative citations, criminal prosecution,
civil fines, and public nuisance proceedings.
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14.01.130 Historic and cultural resource preservation fund
established.
The historic and cultural resource preservation fund (“fund”) is hereby established to provide
for the conservation, preservation, restoration and rehabilitation of historic and cultural
resources in the city of San Luis Obispo. The council shall provide the policy direction for
funding and expenditures from the fund.
A. Program Administration. The director shall administer the fund, following specific procedures
and funding priorities adopted by the council.
B. Purpose. The purpose of the fund is to provide funds for historic preservation projects within
the city. All funds deposited in the fund shall be used for the conservation, preservation,
restoration and rehabilitation of historic or cultural resources, as provided in this section and as
directed by the council.
1. Financial Administration. Financial administration of the fund shall be by the city Finance
Director or designee, in accordance with state and local law. Any interest earned on the
fund shall accrue to the funds, unless council specifically designates such funds for another
purpose.
2. Grants, Gifts and Donations. The finance director shall deposit into the fund any grants,
gifts, donations, rents, royalties, or other financial support earmarked by council for
historic or cultural resource preservation.
C. Cultural Heritage Committee Role. The CHC shall advise the council on the fund regarding:
1. Criteria for use and award of funds;
2. Entering into any contract, lease, agreement, etc., for use of funds;
3. Any other action or activity necessary or appropriate to achieve the fund purposes and
the intent of this chapter.
D. Uses of Fund. The fund may be used for: (1) the identification and protection of cultural
resources, including preparation of historic surveys and design guidelines, (2) for the repair,
restoration, rehabilitation, preservation and maintenance of historical buildings, features, or
archaeological sites, (3) for public education on cultural resources, (4) for real property
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acquisition if there is a willing property owner, including lease, purchase, sale, exchange or
other forms of real property transfer or acquisition to protect significant historic resources, or
(5) any other historic preservation related purpose approved by the council. Council decisions
on the use of funds are final.
E. Loans and Grants. The fund may be used, upon council approval and recommendation by the
CHC, for loans and grants to public agencies, nonprofit organizations and private entities to
carry out the purposes of this chapter.
F. Preservation Agreements. Loans, grants or other financial assistance shall require execution of
an agreement between the City and the recipient to ensure that such award or assistance
carries out the purposes of this chapter and is consistent with applicable state and local
standards.
G. Funding Eligibility. The fund shall be used to benefit listed historic resources, or for other
properties or uses deemed eligible by the council upon recommendation by the CHC. (Ord. 1557
§ 3 (part), 2010)
14.01.140 Enforcement.
A. The Director, chief building official and city attorney and their designees are hereby
authorized to enforce the provisions of this chapter.
B. Time to Correct. Prior to assessment of any penalty or initiation of any prosecution for any
violation of this chapter, the Director shall provide written notice of noncompliance to property
owner(s). Notice shall be by certified and regular mail. Following mailing of notice, property
owner shall have sixty days to correct the violation or to inform the City why an extension is
warranted. Additional time to correct the violation may be allowed where the property owner is
exercising due diligence in acting to correct noticed violations. The Director shall have the
authority to place reasonable conditions on such an extension. Notwithstanding these
provisions, if the Director or the chief building official determines there is an imminent threat to
a listed or historic resource, the Director shall notify the property owner of the imminent threat
and property owner shall be required to provide urgent measures deemed reasonable and
necessary to protect the public health and safety and for the protection of the resource within
seventy-two hours of notification.
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C. Work Stoppage. In addition to any other fines, penalties or enforcement provisions set forth in
this chapter, failure to comply with an approved application shall constitute grounds for
immediate stoppage of the work involved in the noncompliance until the matter is resolved.
D. Violation—Penalty. Every property owner and/or responsible party, as defined in this chapter,
who violates provisions of this chapter is subject to penalty as set forth in Chapter 1.12 or
administrative enforcement as set forth under Chapter 1.24 of the Municipal Code.
14.01.150 Appeals.
Decisions of any City official or body under the provisions of this chapter are appealable in
accordance with the provisions of Chapter 1.20, except that fees for appeals under this chapter
by the property owner concerning the Landmark or Local Register Resource in which said
owner is residing at the time of appeal shall be waived.
14.01.160 Severability.
Should any section or other portion of this chapter be determined unlawful, unenforceable, or
otherwise invalid by a court of competent jurisdiction, the remaining section(s) and portion(s) of
this chapter shall be considered severable and shall remain in full force and effect.
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