Agenda Item B.6
CPMS CONSENT CALENDAR
Meeting Date: April 19, 2022
TO: Mayor and Councilmembers
FROM: Peter Imhof, Planning and Environmental Review Director
CONTACT: Lisa Prasse, Current Planning Manager
SUBJECT: Second Reading of Ordinance Adopting Historic Preservation and Archaeological and Tribal Cultural Ordinance; Case Number 16 -092 OA; City Wide
RECOMMENDATION:
Conduct the second reading (by title only) and waive further reading and adopt Ordinance No. 22-_____ entitled “An Ordinance of the City Council of the City of Goleta, California, adding Chapter 2.16, entitled Historic Preservation Commission, Chapter 17.33, entitled Historic Resource Preservation, Ch apter 17.43, entitled Archaeological and Tribal Cultural Resources, and various Amendments to Titles 12 and 17 of the Goleta Municipal Code; Case No. 16-092OA.”
BACKGROUND
On April 5, 2022, the City Council introduced the first reading of an ordinance that adopted regulations and procedures associated with Historic Preservation and Archaeological and Tribal Cultural resources. The other associated actions included the adoption of the General Plan Amendment, the Resolution adopting the Context Statement, establishing the Historic Resources Inventory (HRI), designating seven properties as Goleta Landmarks, and determining these actions exempt under the California Environmental Quality Act (CEQA).
While there was interest to consider adding the property at 290/295 Ellwood Canyon Road to the HRI at the meeting, this action could not be taken on April 5, 2022. Historic Resources Group (HRG) needs to do additional research regarding the property to ascertain if the property meets the criteria for listing as o utlined in Section 17.33.030(A) and staff needs to engage with and notify the property owner of the potential inclusion on the HRI. If the property is determined to meet the criteria, then a Resolution for inclusion will be prepared and presented to the C ity Council at a noticed public hearing. These tasks are currently underway, and staff plans on returning to Council within the next few Council meetings with a recommendation regarding this potential addition to the HRI.
The actions taken on April 5th were the culmination of an almost six-year effort that started on June 21, 2016, when the City Council approved a contract with HRG to assist staff 1 Meeting Date: April 19, 2022
with the development of a Historic Preservation program. The work has included the development of a citywid e context statement, a historic resources survey, and an ordinance covering both preservation of structures and archaeological and tribal cultural resources. To assist with the work, Greenwood Associates (an archaeological firm), Carlberg Associates (horti cultural/registered consulting arborist firm), and later Paleo Solutions, were included as part of the team.
DISCUSSION:
The introduced ordinance is required to have a second reading before its adoption by the City Council. Council has the opportunity to adopt this ordinance , which would then be effective on the thirty-first day after adoption.
Generally, the proposed ordinance would:
Create a Historic Preservation Commission.
Create historic designation categories and establish a process to designate properties as a historic resource based on eligibility criteria. Establish regulations and processes regarding alterations to designated properties, recission of designations, demolition, maintenance requirements, and Mills Act incentives to maintain designated historic resources. Establish processes and criteria when any earth-disturbing activities in native soils (i.e., previous not graded or disturbed soils) are proposed. The purpose is to check for subsurface archaeological or tribal cultural resources in order to preserve and protect these resources. A list of project types and circumstances that would be exempt from the requirements is included.
Establish development standards that would apply to earth -disturbing activities in case subsurface archaeologi cal or tribal cultural resources are found during construction.
Add thirty-four definitions related to Historic Preservation and Archaeological and Tribal Cultural Resources to the Goleta Municipal Code. Make other changes to various portions of the Goleta Municipal Code to reflect the requirements of Chapters 17.33 and 17.43 for consistency in City regulations.
The proposed Historic Preservation and Archaeological and Tribal Cultural Ordinance includes regulations that may affect some property owners, especially property owners of designated Historic Resources. The regulations regarding Archaeological and/or Tribal Cultural Resources could potentially affect any property owners who are contemplating work involving earth -disturbing activities (i.e., trenchin g for utilities, digging for new foundations, etc.). The goal of the proposed regulations is to foster preservation while allowing development to occur.
2 Meeting Date: April 19, 2022
GOLETA STRATEGIC PLAN:
City-Wide Strategy: Strengthen Infrastructure
Strategic Goal: Enhance the efficiency of the City’s organizational infrastructure
FISCAL IMPACTS:
All of the costs associated with this project have been borne by the City. As of April 7, 2022, $163,083 has been spent of the $201,350 appropriation associated with this project (Account Number 101-40-4100-51209).
ALTERNATIVES:
In light of Council’s introduction of the ordinance on April 5, 2022, alternatives include:
1) Amend the ordinance and reintroduce it; or
2) Direct staff to return with further information; or
3) Take no action.
Each of these alternatives would prevent adoption at this time.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Michelle Greene
Assistant City Manager City Attorney City Manager
ATTACHMENT:
1. “An Ordinance of the City Council of the City of Goleta, California, adding Chapter
2.16, entitled Historic Preservation Commission, Chapter 17.33, entitled Historic Resource Preservation, Chapter 17.43, entitled Archaeological and Tribal Cultural Resources, and various Amendments to Titles 12 and 17 of the Goleta Municipal Code; Case No. 16-092OA.”
3 Attachment 1
City Council Ordinance No. 22___
4 Attachment 1
ORDINANCE NO. 22-______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GOLETA, CALIFORNIA, ADDING CHAPTER 2.16, ENTITLED
HISTORIC PRESERVATION COMMISSION, CHAPTER 17. 33,
ENTITLED HISTORIC RESOURCE PRESERVATION, CHAPTER
17.43, ENTITLED ARCHAEOLOGICAL AND TRIBAL CULTURAL
RESOURCES, AND VARIOUS AMENDMENTS TO TITLES 12
AND 17 OF THE GOLETA MUNIC IPAL CODE ; CASE NO. 16 -
092OA
SECTION A. RECITALS
1. California Government Code Sections 65850 and 37361 enable city legislative bodie s to provide for “the protection, enhancement; perpet uation, or use of places, site s, buildings, structures, works of art , and oth er objects having a special character or special histori cal or aesthetic interest or value”; and
2. Historic and cultural resources are i mportant to the City o f Goleta as encapsulated within the Vis ual and Historic Resources Element of the City’s General Plan/Coastal Land Use Plan; and
3. The City ha s conducted 15 public workshops and public hearings over the course of three years in the development of an ordinance to preserve historic resources (“Ordinance”) and associated Historic Context Statement; and
4. On December 14, 2020, March 29, 2021, June 21,2021, August 23, 2021, October 25, 2021, and November 8, 20 21, the Planning Commission of the City of Goleta conducted noticed public hearings, at which time all interested parties were heard; and
5. On November 8, 2021, the Planning Commission recommended that the City Council of the City of Goleta adopt the Ordinance; and
6. On December 7, 2021, the City Council of the City of Goleta conducted a noticed public hearing , at which time all interested parties were heard and continued the hearing to February 15, 2022. The matter was further continued without discussion to April 5, 2022; and
7. On April 5, 2022, the City Council of the City of Goleta conducted a continued public hearing, at which time all interested parties were heard.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GOLETA DOES HEREBY ORDAIN AS FOLLOWS:
5 Ordinance No. 22-__ Historic Preservation & Archaeological and Tribal Cultural Ordinance 2 SECTION B. Recital
The City Cou ncil hereby finds and determines that the foregoing re citals, which are incorporated herein by reference, are true and correct.
SECTION C. Findings for Ordinance
Pursuant to sub section 17.66.050 (B) of the Goleta Mun icipal Code, the City Council makes the following findings:
1. The amendment is consistent with the General Plan, the requirements of State planning and zoning laws, and Title 17 o f the Goleta Municipal Code.
The Ordinance, whic h amends the Goleta Municipal Code Title 17 , is consistent with all applicable p rovisions of the City’s General Plan for the preservation of historic and cu ltural resources thro ughout the City.
Furthermore, th e provisions of this Ordinance will implement m any of the policies and implementation measures of the Visual and Historic R esources Element. The processing of the Ordinance was conducted in compliance with the codified regulations of Title 17 Chapter 17.66 (Amendments to Zoning Regulations and Zoning Map) of the Goleta Municipal Code . Therefore, this finding can be made.
2. The amendment is in the interests of the general community welfare.
The Ordinance A , which ame nds Goleta Municipal Code Title 1 7, will allow the City to continue to effectiv ely exercise its police power rig hts over privately-owned real property . T hese poli ce po wer rights ensure the Cit y’s ability to implement the goals, objectives, and p olicies of the General Plan , which protect t he health, safety, and gen eral welfare of the community.
Therefore, the Ordinance is in the interest of t he general community welfare and this finding can be made.
3. The amendment is consistent with good zoning and planning practices.
The Ordinance A, which amends Goleta Municipal Code Titles 2 and 17, will help the City continue to implement the commu nity goals, objecti ves, and policies of the General Plan. Furthermore, the Ordinance will enable the City to have better control over existing and future land uses and development on real property in regard to historic and cul tural r esources throughout Gol eta and ensure full compliance with S tate law controlling the review of certain types of development. Therefore, the Ordinance is consistent with good zoning and planning practices and this finding can be made.
6 Ordinance No. 22-__ Historic Preservation & Archaeological and Tribal Cultural Ordinance 3 SECTION D. Environmental Assessment
Pursuant to Public Resourc es Co de Secti on 210 83.3 and Cali fornia Environmental Quality Act (CEQA) Guideline s Sec tion 1518 3, projects that are consistent with the development density o f existing zoning, co mmunity plan, or General Plan policies for which an Environmental Impact Repor t (EI R) was certified shall be e xempt from additional CEQA analys is, except as ma y be necessary to determine whether t here are proj ect-specific significant effects that are peculiar to the proj ect or site that would otherwise requ ire additional CEQA review. There is no new substantial information indicating that the impa cts of the project w ill be mo re severe than describe d in the Gene ral Plan E IR when the Visual and Historic Resources Element was adopted and there are no cumulative or off -site impacts from t he proposed p roject that were n ot addressed in the General Plan EIR. As such, the Ordinance is exempt from further CEQA review.
In addition, pursuant to CEQA Guidelines Sections 15061(b)(3) and 15378(b)(5), the proposed Ordinance does not qualify as a "project" for the purposes of CEQA because the Ordinance does not result in direct or indirect physical changes in the environment. The Ordinance proposed do not, by itself, have the potential to cause a significant eff ect on the envi ronment. Any subsequent dev elopment project w ill be separately ex amined in accordance with CEQA. As such, the proposed Ordinance is exempt from CEQA review.
SECTION E. Title 2 of the Golet a Mu nicipal Cod e, Administration and Personnel is amended to add Chapter 2.1 6 entitled Historic Preservation Commission, to read in its entirety:
Chapter 2.16 Historic Preservation Commission
Sections:
2.16.010 Purpose
2.16.020 Created
2.16.030 Members
2.16.040 Appointment
2.16.050 Qualifications of Members
2.16.060 Term of Office
2.16.070 Removal from Office
2.16.080 Vacancy
2.16.090 Organization
2.16.100 Meetings
2.16.110 Compensation
2.16.120 Responsibilities
2.16.010 Purpose.
7 Ordinance No. 22-__ Historic Preservation & Archaeological and Tribal Cultural Ordinance 4 The purpose of the His toric Prese rvation C ommission is to act as an advisory body to the staff, the Design Review Boar d, and City Council on all matters pertaining to historic preservation.
2.16.020 Created.
A Historic Preservation Commission for the City is created.
2.16.030 Members.
The Historic Preservation Commission shall consist of five members.
2.16.040 Appointment.
The Mayor shall, in his or he r discretion and subject to City Council a pproval, appoint the members.
2.16.050 Qualification of Members.
A. The Historic Preservation Commission shall be composed of professional and lay m embers with demonstrated interest , competence, or know ledge in historic preservation. Historic Preservation Commission members may be appointed from amo ng the di sciplines of a rchitecture, h istory, architectural history, planning, archaeology, or other related disciplines, such as American studies, landscape architecture, cultural geography, or cul tural anthropology, to the extent that such professionals a re available in the community. Historic Preservation Commission membe rship may also include la y members who have demonstrated spe cial int erest/expertise, com petence, expe rience, or knowledge of Goleta history and historic preservation, and/or are members of local Chumash tribal group(s).
B. A majority of the members shall be residents of the City during incumbency.
2.16.060 Term of Office.
A. The members of the first appointed Historic Preservation Commission shall so classify themselves by lot that one of their number shall term out of office on June 30, 2024, two on June 30, 2025, and two on June 30, 2026.
B. Terms shall be for four years thereafter, with no limit on the number of terms to which members may be appointed.
C. Members shall serve until their successor has been appointed.
2.16.070 Removal from Office.
A Historic Preservation Commission member is aut omatically removed fr om office if the member i s absent f rom three consecuti ve regular meetings of th e Historic Preservation Commission. A member shal l serve at the pleasure of the 8 Ordinance No. 22-__ Historic Preservation & Archaeological and Tribal Cultural Ordinance 5 Mayor and may be removed by the Mayor at any time w ithout cause. The member may also be removed by a majority vote of the City Council at any time and for any reason.
2.16.080 Vacancy in Office.
Vacancies, other than by expir ation of a term, shall be filled by appointment by the Mayor subject to City Council approval and shall serve the remainder of the previous term.
2.16.090 Organization.
A. Each calendar year, at its first regular meeting or as soon as practicable thereafter, the Historic Preservation Commission shall elec t from its membership a Chair and a Vice-Chair.
B. The Historic Preservation Commission shall adopt rules for the transaction of its business. It shall also keep a public record of its resolutions, transactions, findings, and determinations.
C. The Planning and Environmental Review Director or designee shall serve as the Secre tary to th e Historic Preservation Commission an d shall have no vote.
2.16.100 Meetings.
The Historic Preservation Commission shall hold at le ast one regular meeting every other month subject to the agenda calendar.
2.16.110 Compensation.
The City C ouncil may establish by resolut ion the co mpensation to be paid to members of the Historic Preservation Commission.
2.16.120 Responsibilities.
The Historic Preservation Commission shall have such duties as are prescribed in Section 17.50.080.
SECTION F. Chapter 17.29, entitled Demolition, Relocation and Loss of Dwelling Units of Title 17, is amended as follows:
17.29.010 Applicability
No structure in the City may be demolished, rem oved, or re located, e xcept as authorized under the provisions of this chapter and no dwelling units may be lost except in compliance with Section 17.29.030.
9 Ordinance No. 22-__ Historic Preservation & Archaeological and Tribal Cultural Ordinance 6 A. Removal Considered Development. For purposes of this chapter, the removal of a structure for reloca tion to ano ther lot is considered a demolition on the origin sit e and new development on the receiving site. Structures may be relocated su bject to th e requirements of Section 17.29.050, Relocation of Structures.
B. Exemptions. The following structures are ex empt from t he provisions of this chapter, except for subsection 17.29.030 (B):
1. Any building, structure, object, or site that is less than 5 0 years old that is not:
a. Located wit hin the Coastal Zone or within the Old Town Heri tage Overlay District; or
b. A historic resource; or
c. Identified as a historical resource under the C alifornia Environmental Quality Act (CEQA).
2. Any building structure, object, or site that is 50 years or more in age that is not a historic resource
3. Notwithstanding anything to the contrary, if a building, structure, or object is determined by the City’s Building Official to be unsafe, presents a public hazard, is not secura ble, or is in immin ent danger of collapse so as to endanger persons or property, it must be demolished . The Building Official’s determination in this matter will be governed by applicable law.
17.29.020 Permit Requirements
Demolition or relocation of his toric resources subject to this chapter mu st obtain the following permit types:
A. Coastal Zone. All buildings, structures, or objects proposed for demolition or relocation that are located on property within the Coastal Zone of the City are subject to the pe rmit req uirements o f Chapter 17.61., Coast al Development Permits.
1. Exception. Demolition or relocation of any historic resou rce requires the approval of a Major Conditional Use Permit.
B. Inland A rea. All buildings, structures or objects proposed for demolitio n or relocation that are located on proper ty within the Inland Area of the City are subject to the following:
1. Zoning Clearance. Any demolition of a structure that is 50 years or more in age and is neither a historic resource nor within a buffer of any othe r protected resourc e (e.g., ESHA, Cultural , oak tree CRZ, etc.) and structures less than 50 years in the Old Town Heritage Overlay District.
2. Land Use Permit. Any demolition of a structure that is 50 years or more in age and is not a historic resource but i s within the buffer area of a protected resource.
3. Discretionary Action . A discretionary action is required under the following circumstances:
a. Any demolition associated with a permit appli cation that involves other development that requires discretionary re view and approval. The 10 Ordinance No. 22-__ Historic Preservation & Archaeological and Tribal Cultural Ordinance 7 demolition must be concurrently processed as part of the overall project.
b. Historic Resources. Demoli tion or rel ocation of any historic resource requires the approval of a Major Conditional Use Permit.
17.29.030 Loss of Dwelling Units
A. Demolition of Multi-Unit Dwellings. The City will not allow the demolition of any multiple unit dwelling structures unl ess the pro ject will create at least as many residential dwelli ngs as will be demolished, or the building or structure is exempt from this requirement pursuant to Section 17.29.010, Applicability.
B. Loss of Residential Units . In accordance with Government Co de Section 66300(d), no housing development project, as defined by C alifornia Government Code Section 65589.5(h)(2), that will require the demolition or other loss of legally e stablished residential dwelling units shall be appr oved unless the project will create at least as many residential dwellings as will be demolished or otherwise lost. When this subsection applies, all appli cable requirements of Government Code Section 66300(d) must be met.
C. Timing of Replacement. The City shall not issue a Certificate of Occupancy for any other Building Permits for the project unt il all C ertificates of Occupancy have been issued for the replacement unit(s). (Ord. 20 -09 § 5; Ord. 20-03 § 6)
17.29.040 Relocation of Structures
Structures may be relocated within the City if the following requirements are met:
A. The relocated structure must comply with all regulations of this Title, including all applicable development standards for the base zoning district of the property upon which the structure is proposed to be relocated.
B. Prior to relocating oversized structures using the public roadway, the approval of a City Encroachment Permit or a Single Trip Transportation Permit is also required by the Public Works Department. (Ord. 20-09 § 5; Ord. 20-03 § 6)
SECTION G. Chapter 17.33 Historic Resource Preservation of Title 17 is added as follows:
Chapter 17.33 Historic Resource Preservation
Sections:
17.33.010 Purpose
17.33.020 Applicability
17.33.030 Historic Resources Inventory
17.33.040 Historic Landmarks
17.33.050 Amendment to or Rescission of the Status of an individual Historic Resource
17.33.060 Historic Districts
11 Ordinance No. 22-__ Historic Preservation & Archaeological and Tribal Cultural Ordinance 8
17.33.070 Points of Historical Interest
17.33.080 Design Review of Alterations to Historic Resources
17.33.090 Demolition of Historic Resources
17.33.100 Review of Projects Affecting City-Owned Historic Resources
17.33.110 Mills Act Property Tax Abatement Program
17.33.120 Maintenance of Historic Resources
17.33.010 Purpose
The purpose of this Chapter is to provide for the recognition and preservation of historic resource s that reflect the social, cultural, historical, an d a rchitectural heritage of the City by establishing procedures and regulations that are necessary to:
A. Assist the City in identifying and protecting its historic resources; B. Encourage public education and appreciation of the City’s heritage; C. Ensure that ne w d evelopment ma intains continuity with the City’s historic character and scale;
D. Maintain historic resources as community assets;
E. Integrate the preservation of historic resources into the publi c and priva te development process;
F. Implement the goals and pol icies of the Vis ual and Historic Resources Element of the General Plan; and
G. Fulfill the City’s responsibilit ies unde r applicable state an d federal laws, including the California Environmental Qu ality Act ( CEQA), and Section 106 of the National Historic Preservation Act (NHPA).
17.33.020 Applicability
The provisions of this Chapter apply to historic resources located within the City.
17.33.030 Historic Resources Inventory
A. Establishment. The City shall create and maintain a list of properties known as the His toric Resources Inventory (HRI) adopted by City Council Resolution. The HRI shall collectively consist of bu ildings, structures, objects, or sites that satisfy one or more of the following:
1. Are identified as pot entially eli gible for designation through his toric resources survey or other evaluation conducted by a Qualified Preservation Professional using accepted professional practices and formally adopted for inclusion on the HRI by the City Council; or
2. Are listed in or form ally determined eligible for list ing in the Natio nal Register of Historic Places or the California Register of Historical Resources, either i ndividually or as a Contribut or to a designated Historic District; or
3. Are designated a s a County of Santa Barbara Landmark or County of Santa Barbara Place of Historic Merit; or
4. Are designated Historic Landmarks or contributors to designated Historic Districts by the City Council.
12 Ordinance No. 22-__ Historic Preservation & Archaeological and Tribal Cultural Ordinance 9 B. Purpose. The HRI may be used for reference for future determinations for the designation of Historic Landmarks or Histori c D istricts. In addition, all properties on the H RI are subject to provisions of this Chapter including the standards and review processes associated with alterations to or demolition of histor ic resource s. All pr operties on th e HRI are considered historical resources as defined by the California Environmental Quality Act and may be eligible to use alternative building code provisions as determined by the Building Official.
17.33.040 Historic Landmarks
A. Criteria for Designating a Historic Landmark. A building, structure, object, or site shall be designated a Historic Landmark, if th e City Council finds that the following criteria are met:
1. The proposed Historic Landmark is at least 50 year s ol d or exhibits Exceptional Importance; and
2. The proposed Historic Landmark meets one or more of the following:
a. The proposed Historic Landmark is a ssociated with important events or broad patterns of development that have made a significant contribution t o th e hi storical, arc haeological, cultu ral, social, economic, a esthetic, engineering, or architectu ral development of the City, State, or nation; or
b. The proposed Historic Landmark is associated with persons significant in local, State, or national history; or
c. The propo sed Historic L andmark embodies distinctive characteristics of a style, type, period, o r method of construction, or is an example of the use of indigenous materials or craftsmanship, or it is a significant example of the work of a n otable b uilder, designer, or architect; or
d. The proposed Historic Landmark has yielded or has the potential to yield, information important to the hi story or prehistory of the City, State, or nation; and
3. The proposed Historic Landmark retains those aspects of historic integrity that convey the reason for its significance.
B. Procedure f or Desi gnating a Historic Landmark . The designation of Historic Landmarks shall be processed in the following manner:
1. Application. A nomination for designation as a Historic Landmar k may be initiated by any resident of t he City. If the Applicant is not the Property Owner, the Director shall, w ithin 10 days of receipt of the nom ination, notify the Property Owner in writing that a nomination for designation has been submitted.
2. Historic Preservation C ommission Hearing. The D irector shall schedule a public hear ing bef ore the Historic Preservation Commission on nominations for Histor ic Landmark designation within 90 days of the application being deemed complete, or as reasonable. The Histo ric Preservation Commissi on s hall make a 13 Ordinance No. 22-__ Historic Preservation & Archaeological and Tribal Cultural Ordinance 10 recommendation to the City Council on the listing of the property for Historic Landmark designation based o n the criteria for designating a Historic Landmark.
3. Interim Protection. No on -site activities, other than ro utine maintenance and rep air, that coul d affect any character -defining feature or the historic integrity of the p roposed Historic Landmark, shall be permitted during the time period from nomination submittal through City Council consideration.
4. City Counci l He aring. As s oon as is feasible after receiving the recommendation of the Historic Preservation Commission, the City Council shall consider the pr oposed Historic Landmark
designation. Within 180 days from the application being deemed complete, the City C ouncil m ust decide on the proposed designation. Failure by the City Council to act within 180 days will result in the nomination request being automatically denied without prejudice.
5. Notice of Designation. If the City Council approves a proposed Historic Landmark design ation, not ice o f the Cit y Council’s decision shall be sent to the Applicant and Property Owner.
C. Automatic Designation of Historic Landmarks. Any property in the City listed in the National Register of Historic Places, the Cali fornia Register of Historical Resources, or as a County of Santa Barbara Historic La ndmark or County of Santa Barbara Place of Historic Merit as of January 1, 2021, shall be automatically designated a City Historic Landmark.
17.33.050 Amendment to or Resci ssion of the Status of an ind ividual Historic Resource
A. Procedure. Amendment to or rescission of the status of an individual historic resource shall be processed in the same manner as provided for in Section
17.33.040(B).
B. Required Findings. In order to ame nd or re scind a Histori c Land mark designation, or remove or amend a historic resource listed in the HRI, the City Council must make the finding that the historic resource no longer meets the finding for designation or inclusion in the HRI due to:
1. New info rmation that was not av ailable at the time of t he evaluation or historic designatio n that compromises the historic significance of the property; or
2. Destruction of the historic resource through a catastrophic event that has rendered the building, structure, or object a hazard to public health, safety, or welfare; or
3. Demolition of the historic resource.
17.33.060 Historic Districts
A. Criteria for Design ating a H istoric District. A contiguous grouping of properties that relate to each other in a distinguishabl e way or in a 14 Ordinance No. 22-__ Historic Preservation & Archaeological and Tribal Cultural Ordinance 11 geographically definable area shall be designated as a Historic Distr ict, if the City Council finds that the grouping of properties meets the following criteria:
1. It possesses a significant concentration of properties united historically or aesthetically by plan or physical development; and
2. It meets one or more of the crite ria for designation in Section
17.33.040(A)(2); and
3. A minimum of 60 percen t of the properties within the proposed Historic District are identified as Contributors to the His toric District’s significance; and
4. The Historic District collectively retains those aspects of historic integrity that convey the reason for its significance.
B. Criteria for Identifying Contributors to a Historic District. The City Council designation of a H istoric District shall include a list of contributing properties within the Histori c Distr ict. All contributors must satisfy the following three requirements:
1. The property adds to the historic associations or historic architectural qualities for which the Historic District is significant; and
2. The property was present during the period of significance for the Historic District; and
3. The property retains sufficient historic integrity to convey its significance.
C. Procedure for Designating a Historic District and Contributors. The designation of Historic Dist ricts and contributors shall be proc essed i n the following manner:
1. Application. A nomination for desi gnation o f a H istoric District may be initiated by any resident of the city.
2. Owner Consent. At the time the nomination is submitte d, the Applicant shall s ubmit documentation by letter or pet ition t hat a minimum of 51 percent of the Property Owners within the propo sed H istoric District support the nomination.
3. Owner Notification. The Director shall, within 10 day s of rec eipt of a nomination, notify all Property Owners within the proposed Historic District in writing that a nomination for designation has been submitted.
4. Historic Preservation Commission Hearing. The Director shall schedule a public hearing before the Historic Preservation Commission on nominations for Historic District designation within 90 days of the nomination being deemed complete, or as re asonable. The Historic Preservation Commission shall make a recommendation to the City Council on the eligib ility of the potential Historic D istrict and th e list of contributors for historic designation based on the criteria for designating a Historic District and the criteria for identifying contributors.
5. Interim Protection. No on-site activities, other than ro utine maintenance and repair, that could affect any character-defining feature or t he historic integrity of any property within the potential Histor ic Distri ct, s hall be permitted during the time period from nomination submittal through City Council consideration.
15 Ordinance No. 22-__ Historic Preservation & Archaeological and Tribal Cultural Ordinance 12
6. City Council Hearing. As soo n as is f easible after receiving the recommendations of the Historic Preservation Commission, the City Council shall co nsider approval of the Historic District and the specific contributors within the Historic District . Within 180 days from the nomination being deemed complete, the City Council must decide on the proposed designation. Failure by the City Council to act withi n 180 days will result in the nomination request being automatically denied without prejudice.
7. Notice of Des ignation. If the City Council approves a proposed Historic District designation, notice of the City Council's decision shall be sent to the Applicant and all Property Owners within the Historic District.
D. Amendment or Rescission of a Historic District Designation.
1. Procedure. Amendment to o r rescission of the status of a Hist oric District shall be processed in the same manner as pr ovided fo r in Section 17.33.060(C).
2. Required Finding. In order to rescind or amend the designation of a Historic D istrict or a contributor, the City Council must make at least one of the following findings:
a. New information that was not available at the time of t he historic designation compromises the historic significance of the Historic District or the contributor; or
b. Destruction of th e H istoric Di strict or cont ributor through a catastrophic event has rendered it a hazard to public health, safety, or general welfare; or
c. A contributor has been demolished or relocated outside of the Historic District.
17.33.070 Points of Historical Interest
A. Criteria for Identifying a Point of Historical Interest. A building, structure, object, or site may be identified as a Point of Historical Interest, which is not a historic resource, if it meets at least one of the following criteria:
1. It is the site of a building, structure, or object that no longer exists or has been al tered, but was associated with historic events or important persons, or otherwise has significant cultural or historic significance; or
2. It is the site of a h istoric event which h as no di stinguishable physical characteristics.
B. Procedure for Identifyi ng a Po int of Historical Interest. A Point of Historical Interest shall be identified by the Historic Preservation Commission in the manner identified in Section 17 .33.0470(A) (1-2) and adopted by the City Council. The Hi storic Preservation Commission shall maintain the listing of identified Points of Historical Interest.
C. Rescission of a Point of Historical Interest. Rescission of the listing of a Point of Historical Interest shall be pro cessed i n t he same ma nner as the original identification and shall be b ased on a determination that the criterion of original identification is no longer met.
16 Ordinance No. 22-__ Historic Preservation & Archaeological and Tribal Cultural Ordinance 13
17.33.080 Design Review of Alterations to Historic Resources This Section e stablishes the review process for proposed alterations to historic resources.
A. Compliance wi th Sect ion. It shall be unlawful for any person, Proper ty Owner, or entity t o alter any historic resource directly or indirectly except as provided herein. Alterat ions to historic resou rces to add an attach ed Accessory D welling Unit are subject to t he requ irements of Section
17.41.030(F)(8) only.
B. Alterations that are Exempt from Design Review. The provisions for the Design Review of proposed alterations to histori c resour ces shall not b e construed to prevent ordinary maintenance and repair which does not change the design, materials, architectural features, o r character-defining features of a historic resource. The exemptions outlined in Section 17.58.020 apply to historic resources, with the following exceptions:
1. The proposed alteration will affec t an ide ntified character-defining feature of the historic resource.
2. All proposed additions to historic resources are subject to Design Review.
C. Criteria and Procedure for Director Review of Alterations.
1. Required Fi ndings. The Di rector shall approve the pla ns and D esign Review Board review is not required if the following findings are made:
a. The proposed alteration is minor and clearly meets any applicable design guidelines adopted by the City Council; or
b. In the absence of applicable design guidelines, the proposed alteration is minor and clearly meets the relevant Sec retary of the Interior ’s Standards for the Treatment of Historic Properties; and c. The proposed alteration will not diminish, eliminate, or adversely affect the charac ter, character -defining feat ures, or historic integrity of the historic resource; and
d. Any changes to the propose d alteration requested by the Director are agreed to by the Applicant.
2. Changes to the Plans. No changes shall be made to the project once the Director has approved the plans withou t resub mitting to the Director for approval of the changes.
D. Criteria and Pro cedure for Historic Preservation Commission and Design Review Board Review of Alterations.
1. Historic Preservation Commission Review. The review and decision on the design review for projects involving historic resources will be undertaken by the Design Review Board as outlined in Section 17.58.060, with a recommendation from the Historic Pre servation Commission. T he Historic Preservation Commission will review the application materials and make a recommendation to the Design Review Boar d for con sideration prior to Preliminary Review as outlined in subsection 17.58.060(B).
2. Required Findings. The Hi storic Preservatio n Comm ission shall ma ke recommendations, and the Design Review Board sh all decide based on one of the following findings:
17 Ordinance No. 22-__ Historic Preservation & Archaeological and Tribal Cultural Ordinance 14 a. The proposed alteration i s found to be consistent with any applicable design standards or guidelines adopted by the City Council; or b. In the absen ce of appl icable design standards or guidelines, the proposed alter ation is found to be consistent w ith the r elevant Secretary of the In terior’s Standards for the Treatment of Historic Properties; or
c. There is sufficient evidence, includi ng evide nce provide d by the Applicant, that denial of the proposed alteration w ould ca use an immediate hardship because of condi tions unique to the specifi c property.
17.33.090 Demolition of Historic Resources
A. Process. Demolition o f a historic resource may be pe rmitted onl y with the issuance of a Major Conditional Use Permit unless determined necessary by the Building Official as outlined in subsection 17.29.010(B)(3).
B. Additional Requirements. The Applicant shall submit a cost analysis for the rehabilitation and reuse of t he property and a report by a structural engineer on the feasibility of relocation.
C. Findings. The fin dings of Section 17.52.070 are not applicable for the demolition of a historic resource. In order to approve the demolition of a historic resource, the Hi storic Pre servation Comm ission must make a recommendation, a nd the Planning Commission must decide, based on the following findings:
1. The proposed action is consistent with the intent of this Ordi nance and is supportive of the identified goals and policies of the General Plan; and
2. Any significant environmental impa cts are mitigated to the max imum extent feasible; and
3. The demolition will no t have a significant negative effect on the achievement of the purposes of this Title; and
4. One of the following:
a. The potential negative effects are outweighed by the benefits of th e associated replacement project, as applicable; or
b. There is sufficient evid ence, including evidence provided by the Applicant, that the historic resource retains no reasonable economic use and re tention of the historic resource would cause undue economic hardship, considering the his toric resource’s condition, location, the curre nt mar ket value, and the costs of rehabilitation to meet the requirements of the building code or other City, state, or federal law; or
c. There is sufficient evidence, including evid ence pr ovided by the Applicant, that relocation of the historic resource is infeasible; or d. The demolition is necessary to protec t or pro mote the health, safety, or welfare of the reside nts of the city, including the need to 18 Ordinance No. 22-__ Historic Preservation & Archaeological and Tribal Cultural Ordinance 15 eliminate blight or nuisance, or correct an unsafe o r dangero us condition of the property.
D. Demolition of Po tential Historic Resources . If structure is more t han 50 years old but not listed in the HRI is proposed for demolition, the Director may require a historic resources assessment re port pr epared by a Q ualified Preservation Professional to determine whether the re al property should be considered for potential inclusion in the HR I and therefore subject to the provisions of 17.33.040(A-C).
E. Demolition Permits.
1. Zoning Permit associated with the demolition of a hist oric resource shall not be issued until develop ment p lans for that site have secured plan check approval unless the demolition is approved to abate an unsaf e or dangerous condition.
2. If a hist oric resource is demolished without approval of both a Zoning Permit and demolition permit, no building or construction -related permits shall be issued and no permits or use of the property shall be allowed from the date of demolition for a period of three years for residential properties, and five years for non-residential properties.
17.33.100 Review of Projects Affecting City-Owned Historic Resources The Historic Preservation Commission shall review projec ts affecting City-owned historic resources and make an advisory recommendation to City Council.
17.33.110 Mills Act Property Tax Abatement Program
In addition to any other incentive of f ederal or State law, Property Owners of designated Historic Landmarks or contributors to a designated Histori c District may apply for a Mills Ac t contract under Government Code Sec tions 5 0280- 50290.
A. Historic Preservation Commission Review. The Historic Pre servation Commission will review Mills A ct applications and make recom mendations to the City Council.
B. City C ouncil Auth orization. The City Coun cil may, in its sole discretion, authorize the execution of all Mills Act contracts.
C. Cancellation or Modificati on. A Mills Act contract may be cancelle d or modified if the City Coun cil finds, after written notice to the Property Owner, either of the following conditions:
1. The Property Owner is responsible for noncompliance with any terms or conditions in the contrac t, or any provision in this Chapter, or misrepresentation or fraud was used in the process of obtaining the contract; or
2. The prope rty has been d estroyed by fire, earthquake, floodi ng, or other calamity, or it has been taken by eminent domain.
D. Penalty for C ancellation Due to Noncompli ance. If a M ills Act contract is cancelled due to Section 17.33.110(C)(1), the Pr operty Owner shall be liable to the City for a cancellation fee equal t o 12.5 percent of the curre nt fair market value of the property or as provided for in applicable State law. 19 Ordinance No. 22-__ Historic Preservation & Archaeological and Tribal Cultural Ordinance 16
17.33.120 Maintenance of Historic Resources
A. Maintenance Requirements . Histori c resources shall be maintained in a state that clearly furthers the co ntinued availability of the historic resource for lawful reasonable uses and prevents deterioration, di lapidation, decay, an d neglect of such resource, including demolition by neglect.
B. Failure to Meet the M aintenance Req uirements. In addition to any other penalty authorized by law, failure to maintain a historic resource as specif ied in this Section shall constitute a public nuisance pursuant to Chapter 12.13 of the GMC.
C. Economic Hardshi p. The Dire ctor may d elay the enfor cement of the maintenance requirements in this Section if the following conditions are met:
1. There is sufficient evidence provided by the P roperty Owner that th e maintenance requirements would cause an undue hardship, considering the property ’s c ondition, current market value, and the costs of maintenance; and
2. The delay in enforcing the maintenance requirements will not result in the loss of character-defining features of the property; and
3. The delay in enforcing the maint enance requirements will not result in an unsafe or dangerous condition or create a blight or nuisance.
SECTION H. Chapter 17.43 Archaeological and Tribal Cultural Resources is added to Title 17 as follows:
Chapter 17.43 Archaeological and Tribal Cultural Resources Sections:
17.43.010 Purpose and Intent
17.43.020 Applicability
17.43.030 Site Assessment and Permit Requirements for Non-Exempt Development
17.43.040 Development Standards
17.43.050 Native American Communication
17.43.010 Purpose and Intent
The purpose of this Chapter is to establish standards for new development that is subject to discretionary or ministerial review and that could impact sensitive and protected Archaeological and/or Tribal Cultural Resources including sites, places, and landscapes of docume nted traditional cultural significance, within the City.
This Chapt er outlines the procedures and criteria for the identificat ion and protection of these resources. Specifically, this Chapter is intended to:
A. Preserve and protect Arc haeological and/or Tribal Cultural Resources in accordance with PRC § 21084.3(b)(2), including:
1. Protect the cultural character and integrity of th e Archaeological and/or Tribal Cultural Resource.
20 Ordinance No. 22-__ Historic Preservation & Archaeological and Tribal Cultural Ordinance 17
2. Protect the tra ditional use of the Archaeological a nd/or Tribal Cultural Resource.
3. Protect the confidentiality of the Archaeologic al and /or Tribal Cultural Resource.
B. Foster awareness, recognition, and stewa rdship of the City’s Archaeologic al and/or Tribal Cultural Resources; and
C. Protect, restore, and enhance significant Archaeological and/or Tribal Cultural Resources, such as native villages; seasona l campsit es; burial site s; stone tool quarry sites; hunting sites; traditional trails; sites with rock carvings or paintings; documented sacred sites and places of traditional cultural value, as identified by local Tribes including areas t raditionally used to gather plants for food, medicinal, or economic purposes ; an d objects, features, and artifact scatters, including agricultural, ranch ing, mining, irrigation, utilit y, an d transportation-related featur es (e.g., canals, fences, roads, ref use sca tters, etc.).
Consistent with Government Code section 6254(r) (the “Public Records Act”) and Public Resources Code 21 802.3(c) (“AB 52”) , Native American archeological resources and tribal cultural res ources records collected from trib es and the Native American Heritage Commission pursuant to this Chapter are exempt from disclosure under the Public Records Act.
17.43.020 Applicability
Unless exempted, new development that requires earth-disturbing activities shall be subject to the regulati ons and reporting requirements o f th is Chapter . This Section outlines the Exempt and Non-Exempt project types.
A. Exempt Development. The following development is exempt from the requirements of this Chapter unless development is determined to be subject to 17.43.020(B):
1. Improvements/work that do not require or are expressly exempt from a building permit as provided in Section 105 .2 of the 2019 California Building Code as amended irrespective of the presen ce of native o r disturbed soils. As of the 2019 California Buil ding Code, the following improvements/work are exempt from building permit requirements include but are not limited to:
a. One-story detached accessory structures of less than 120 square feet without foundation.
b. Fences and Block Walls not over 7 feet high.
c. Retaining walls that are not over four (4) feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II, or IIA liquids. d. Sidewalks and driveways not more than 30 inches above adjacent grade and not over any baseme nt or story below and area not part of an accessible route.
21 Ordinance No. 22-__ Historic Preservation & Archaeological and Tribal Cultural Ordinance 18 e. Prefabricated swimming pools accessory to a Group R -3 occupancy that are le ss than 24 inches deep , are not grea ter than 5,000 gallons and are installed entirely above ground level. f. Swings and other playground equipmen t ac cessory to detached one- and two-family dwellings.
g. Temporary motion picture, television, and th eater stage se ts and scenery,
h. Shade cloth structur es constructed for nurser y or agric ultural purposes, not including service systems.
i. Oil derricks.
j. Water tanks supported directly on g rade if the capacity is not greater than 5,000 gallons and the ratio of the height to diameter or width is not greater than 2:1.
2. Earth-disturbing activities affecting four cubic feet or less of native soils or no native soils and not located within a do cumented archaeological site and/or Tribal Cultural Resourc e. Four cubic feet of disturbance of native soils is measured indi vidually unless each disturbance occurs less than e ight (8) feet apar t (typical distance for footings). Examples include but are not limited to:
a. Ongoing, active agricu ltural operations in areas continuous ly used for crop cultivation.
b. A city project that does not involve earth disturbance beyond the footprint (width, length, and depth) of the existing facility or plant or tree.
c. A utility project within a n existing road rig ht-of-way that does not exceed the depth of the lowest utility line found within the affected block of road right-of-way where the project is located. d. Irrigation lines, landscaping, and footings for fences, patio covers, and similar minor acc essory improv ements that reuse previously excavated/disturbed areas.
3. Unless exempted b y 17.43.020(A)(1), earth-disturbing area is located within a p reviously disturbed area where evidence, as documented in as-builts plans, previous grading p lans, or other documentary evidence, is provided that the previous earth disturbance aff ected depths equal to or greater than the development being considered; or
4. Interior alterations and improvements to existing structures that do not involve earth-disturbing activities.
5. Planting of trees.
6. Proposed areas of earth disturbance of more than 4 (four) cubic feet of native soils that meet at least one of the following criteria:
a. Emergency Proj ects as defi ned by Public Resources Code §21060.3 undertaken by the city, another public agency, or utility. b. A previous Preliminary Archaeolog ical Assessment (PAA) or a Phase 1 Repo rt was prepared within the last five years by a Qualified Archaeologist that includes t he proposed di sturbance area and documents that there are no documen ted resources 22 Ordinance No. 22-__ Historic Preservation & Archaeological and Tribal Cultural Ordinance 19 within the proposed earth-disturbing area and the proposed earth- disturbing area has lit tle t o no potenti al to con tain subsurface Archaeological and/or Tribal Cultural Resources.
B. Non-Exempt D evelopment. The following development is not exemp t and shall comply with the requirements of this Chapter.
1. Earth-disturbing activities of any depth or size that are located within a documented archaeological site and/or Tribal Cultural Resource; and
2. Earth-disturbing activities of more than four (4) cubic feet of native soils that are not located within a documented a rchaeological site and/or Tribal Cultural Resource and do not meet the exemptions listed above in subsection 17.43.020(A).
17.43.030 Site Assessment and P ermit Requirements fo r Non -Exempt Development
A. Assessment Level Requi rements. Non-exempt developments are subject to the following:
1. A PAA shall be required when the proposed earth-disturbing area is located within a paved, developed, or ornamental landscaped area. a. If the PAA reveals that the p roposed distu rbance area does not contain a documented Archaeo logical and/or Tribal Cultural Resource and the propose d area where earth-disturbing activities are propo sed has little or n o potential to contain subsurfa ce Archaeological Resources as determined by the Qualified Archaeologist an d no Tribal Cultural R esources have been identified by the Chumas h Tribal representatives, no further review is necessary, and the deve lopment is subject to the permit outl ined in subsection 17.43.030(B)(1).
b. If the PAA reveals that the pr oposed area where earth-disturbing activities are proposed cont ains or potential ly contains Archaeological Resources as determined by the Qualified Archaeologist and/or Tribal Cultu ral Resou rces as identified by Chumash Tribal representatives, then the development sh all be subject to the requirements outlined in subsections 17.43.030(A)(3) and (B)(2).
2. A Phase 1 Report shall be required when the proposed earth- disturbing area is located within an area that is no t paved, developed, or is not located in an ornamental la ndscaped area. This applies even if the earth surface has sustained previous disturbances from gr ading, vegetation clearance, or other modifications.
a. If the P hase 1 report reveals that the proposed earth disturbance area does not contain a documented Arch aeological and/or Tribal Cultural Resourc e and the proposed earth distu rbance area has little or no potential to contain subsur face Archaeological and/or Tribal Cu ltural Resources, no further review is necessary an d subject to the permit outlined in subsection 17.43.030(B)(1). 23 Ordinance No. 22-__ Historic Preservation & Archaeological and Tribal Cultural Ordinance 20 b. If the Phase 1 rep ort reveals that the proposed earth disturbance contains or potential ly contains Archa eological and/or Tr ibal Cultural Resources, then the development shall b e s ubject to th e requirements outlined in subsections 17.43.030(A)(3) and (B)(2).
3. An Extended Phase 1 Report shall be required, if it is determined in the judgment of Qualified Archaeologist when preparing a PAA or Phase 1 report, that A rchaeological and/or Tribal Cultu ral Resources could be present. A local Chumash monitor s hall be invi ted to observe the Extended Phase 1 field work at the applicant’s expense.
a. If the Extended Phase 1 report rev eals that the propose d ea rth disturbance area does not contai n a documented Archaeological and/or Tribal Cultural Resource and the proposed earth disturbance area has little or no potential to contain subsurface Archaeological and/or Tribal Cult ural Resour ces, no further revie w is necessary, and the development is s ubject to the permit outlined in subsection
17.43.030(B)(1).
b. If the Ext ended Phase 1 report revea ls tha t the proposed earth disturbance are a contains or potentially c ontains Archaeolo gical and/or Tribal Cultural Res ources, then the development shall be subject to th e pe rmit requirements outlined in subsection
17.43.030(B)(2).
B. Permit Requirements. In addition to any other permits/approval needed pursuant to the provisions of Title 17, the following permits are required of non-exempt development:
1. Zoning C learance. A Zoning Clearance shall be required for development subjec t to the sit e assessment p rovisions of
17.43.030(A)(1)(a), 17.43.030(A)(2)(a), 17.43.030(A)(3)(a)
2. Minor Conditio nal Use Per mit. A Minor CUP is required for development on a site that h as Archaeological and/or Tribal Cultural Resources as ide ntified in subs ection 17.43 .030(A)(1)(b),
17.43.030(A)(2)(b), and 17.43.030(A)(3)(b).
17.43.040 Development Standards
A. The fo llowing sta ndards are applicable to all permits issued under this chapter:
1. If unanticipated discovery of Archaeo logical and/or Tr ibal Cultural Resources occ urs during earth-disturbing activities, earth-disturbing activities must be stopped immediately until a Qualified Archaeologist can evaluate the significance of the Archaeo logical and/or Tribal Cultural Reso urce pursuant to stand ards set forth in Council Resolution No. 08-40, Environmental Thresh olds and Guidelines Manual as amended, and local Chumash Tribal Representative(s) can evaluate the importance of the find.
24 Ordinance No. 22-__ Historic Preservation & Archaeological and Tribal Cultural Ordinance 21
2. If human r emains are uncovered as a result of e arth-disturbing activities, wo rk must stop i mmediately and the P lanning and Environmental Review Department mu st b e contacted, and the Applicant must follow the procedures iden tified by Public Resources Code § 5097.98.
3. As applicable, recommendations ident ified in the Prel iminary Archaeological Asse ssment, Phase 1 repo rt, or Extended Phase 1 report and agreed upon by the City, must be implemented and printed on the approved building plans.
B. For development that is sub ject t o the Minor CUP requirement of subsection 17.43.030 (B)(2), on -site monitoring by a qua lified Archaeological Monitor and local Chumash Native Ame rican consultant/monitor shall be required for all grading, excava tion, and site preparation that involves earth-disturbing activity.
17.43.050 Native American Communication
Development that is subject to the requirements of this Ch apter shall be subject to the following requirements.
A. For all development requiring a Mi nor CUP and subject to California Environmental Quality Act review, the City shall consult with C alifornia Native American Tribes in accordance with Public Resources Code § 21080.3.1.
B. For al l de velopment req uiring ministeria l approval for which a Prelimina ry Archaeological Asses sment or a Phase 1 R eport is prepared, th e City will make the studies available to Native American Tribes upon request.
SECTION I. Chapter 17.50 Review Authorities of Title 17 is amend ed as follows:
A. Section 17.50.030 is hereby amended to add subsections I and J:
I. Acts as the Review Authority to designate eligible properties a s Historic Landmarks, Histo ric Dis tricts, and P oints of Historical Inte rest within the City. Also acts as the Review Authority for rescission of or amendment t o a historic designation.
J. Acts as Review Authority to grant Mills Act Contracts.
B. Section 17.50.070 is hereby amended to add subsection D:
D. Act as the Review Aut hority to grant Desig n Rev iew to Histor ic Resources upon recommendation of the Historic Preservation Commission.
C. Section 17.50.080 is hereby added to read as follows:
The Hi storic Pre servation Commission has th e following po wers a nd duties under this Tit le in addition to the responsibilities established in Ti tle 2 of the Goleta Municipal Co de. The Historic Preservation Commissi on shall be an advisory bo ard to the City Council , Planning Commission, Design Review Board, City Ma nager, and all City department s on all matters rela ted t o 25 Ordinance No. 22-__ Historic Preservation & Archaeological and Tribal Cultural Ordinance 22 historic pr eservation. The H istoric Preservation Commission shall have the power and it shall be its duty to perform the following acts:
1. Review historic resources surveys and make recommendations to the City Council on periodic updates to the City’s Historic Resources Inventory.
2. Review nominations for historic desi gnations and make recommendations to t he City Council t hat certa in sites, buildings, s tructures, objects, or districts meeting one or more of the eligibility criteria in Sections 17.33.040 and 17.33.060 be designated as Historic Landmarks or Historic Districts.
3. Review properties identified for listing as Points of Hist orical Interest and make recommendations to the City Council.
4. Review and m ake re commendations on any pro posed design guidelin es that may be dev eloped by the city for project review or review o f appropriate alterations or new construction within Historic Districts.
5. Review and recommend to the City Council the amendment or recission of any historic designation.
6. Make recommendations to the Design Review Board on projects involving alterations to historic resources.
7. Review and make adv isory recommendations on p rojects affecting City - owned historic resources.
8. Review Mill s Act a pplications a nd make recommendations to the City Council.
9. Make recommendations to the Planning Commission and the City Counci l on policies related to historic preservation in the General Plan.
10. Advise the City Council and other commissions, as reques ted, on historic preservation issues.
11. Perform any other functions as may be designated by the City Council.
SECTION J. Section 17.50.060(A)(15) of Title 17 is amended as followings
A. The following tasks is added to the Director’s duties and responsibilities:
15. Develop a li sting and map of parcels within the city that are known to contain all or a port ion of a documented Archaeologic al and/or Tribal Cultural Resource. This list and map shall:
a) Be used by the c ity to advise applic ants and their qualified archaeological c onsultants whether the site of a proposed development is within an area that has been identified as sensitive for Arch aeological and/or Tribal Cultural Resour ces. The list and map of documented resources shall be ke pt confidential, only used by the cit y, local tribal members, and quali fied archaeologists, and shall not be r eleased to the pu blic or individual landowners/ applicants/developers.
b) Include i nformation available f rom the ap propriate Information Center (IC) for Santa Barbara County and other relevant sources. c) Be developed in consultation with the Tribal Chair of the Barbareño Band of Chumash Indians, Coast al Band of Chu mash Nation , 26 Ordinance No. 22-__ Historic Preservation & Archaeological and Tribal Cultural Ordinance 23 Santa Ynez Band of C humash Indians, and Barbareño/Ventureño Band of Mission Indians, and a Qualified Archaeologist. d) Be upda ted as the city receives new rele vant inform ation from archaeological studies, m onitoring reports, and other related communications and consultations.
SECTION K. Chapter 17.73 L ist of T erms and Definitions of Title 17 is amended as follows:
The following terms are a dded to the List of Terms (Sectio n 17.73.010) and to Definitions (17.73.020):
1. Archaeological Resource. An artif act, object , or site constitutin g m aterial remains of past human life or activities.
2. California Historical Resources Information System (CHRIS). A system of records that consists of data from the California Office of Historic Preservation (OHP), Informati on Centers (ICs), and the State Historical Re sources Commission (SHRC).
3. California Register of Historical Resources (CR HR). A State register that includes buildings, sites, st ructures, objects , and dis tricts significant in the architectural, engineering, s cientific, economic, agricultura l, educational, social, political, military, or cultural annals of California that meet the criteria for designation in t he CRHR as defined in Public Resources Code § 5020.1, as amended.
4. California Sta te Historical Building Code (SHBC). Title 24, Building Standards, Part 8, California Code of Regulations.
5. California Register of Historical Resources. Buildings, si tes, struct ures, objects, and dis tricts significan t in the architectural, eng ineering, scien tific, economic, agricultural, educational, social, political, military, or cultural annals of California that meet the criteria for designat ion in the California Register as defined in California Public Resources Code Sect ion 50 20.1, as it may be amended.
6. Character-Defining Fe atures. The essential physical f eatures t hat convey why a building, structure, object, site, or Historic District is so cially, culturally, or architecturally si gnificant based on the applicabl e criteri a for designation and when it was significant (period of significance).
7. Contributor. Any property located within a Historic District, which adds to the historic associations or histo ric ar chitectural qualitie s for w hich the Histor ic District is si gnificant; was present duri ng the period o f significance for the Historic D istrict; and retain s sufficient hi storic integrity t o conve y its significance. Contributors to designated Hi storic D istricts are co nsidered historic resources, as is the Historic District overall.
8. Demolition. When either: (1) more than 50 perce nt of the e xterior walls of a building or structure are removed or are no longer necessary and integral 27 Ordinance No. 22-__ Historic Preservation & Archaeological and Tribal Cultural Ordinance 24 structural components of the overall building; or (2) more than 50 perc ent of the exteri or wall e lements are remove d, including, w ithout limitation, the cladding, columns, studs, cri pple walls, or similar vertical l oad-bearing elements and associated footings, windows, o r doors. Existing exterior walls supporting a roof that is being modified to accommodate a new floor level or roofline will continue to b e considered necessary and int egral structural components, providing the existing wall elements remain in place and pro vide necessary structural support to the building upon c ompletion of the roofline modifications. Dem olition as spec ifically applied to hi storic reso urces is destruction or alteration that is so extensive that significant character-defining features are los t, the h istoric charact er of a his toric r esource is comp letely removed an d cannot be rep aired or rep laced, and the resource no longer retains sufficient integrity to convey its significance.
9. Discretionary Review. The review of a project that requires the e xercise of judgment or deliberation and as distinguished from situations where the City merely has t o determine wh ether there has been co nformity wi th objective standards i n a pplicable st atutes, ordin ances, or regulations. Discretionary Review includes rev iew by a Review Author ity on any o f the f ollowing:
Coastal Development Pe rmits wit hin th e Appeals Ju risdiction, Co nditional Use Permits, Demolition of a historic resou rce, Design Review a nd Overall Sign Plan s reviewed by the Design Review Board, Developmen t Plans, General Plan Amendments, Modifications, Government Code Consistency Determination, Specific Plans, Time E xtensions, Variances, Z oning Ordinance Amendments, and Zoning Map Amendments.
10. Earth-Disturbing Activities. All activities that require disturb ance of earth, dirt, ground, or so ils (native and non -native soils), including but not limited to grading, grubbin g, trenching, post -hole digging, a nd excavation for foundations, fencing, utilities, and other infrastructure.
11. Exceptional Importance . A measure of a property’s im portance wit hin the appropriate hi storic context. T he term m ay be applied to t he extraordina ry importance of an eve nt or to an entire category of r esources so fragile that survivors of any age are unusual. A property that has achieved significance within t he past fift y years can be evaluat ed only when suff icient hi storical perspective exists to d etermine that the prope rty is exce ptionally important.
The necessary pers pective can b e provi ded by scholarly research and evaluation and must consider both the his toric contex t and t he specific property’s role in t hat conte xt. In justifying exceptional im portance, it is necessary to identify other properties within the geographical area that reflect the same significance or historic association s and to determine whi ch properties best represent the historic context in question.
12. Historic Distri ct. A signific ant concentration, link age, or con tinuity of properties united historically or aesthet ically in a distinguishable way or in a geographically d efinable area that mee t the criter ia for designation. Hi storic Districts are composed of contributors and non-contributors.
13. Historic Inte grity. The ability of an individ ual historic resource or Histor ic District to convey its significance, with considerati on of th e following aspects 28 Ordinance No. 22-__ Historic Preservation & Archaeological and Tribal Cultural Ordinance 25 of historic integrity as def ined by the Natio nal Park Service: location, design, setting, materials, workmanship, feeling, and association as defined below. a. Location is the place where the historic property was constructed or th e place where the historic event occurred.
b. Design is the combination of e lements that create the for m, plan, space , structure, and style of a property.
c. Setting is the physical environment of a historic property. d. Materials are the physical elements that wer e combin ed or deposited during a p articular period of ti me and in a parti cular pat tern o r configuration to form a historic property.
e. Workmanship is the physical evidence of the crafts of a particular culture or people during any given period in history or prehistory. f. Feeling is a property’s expression of the ae sthetic or histor ic sense of a particular period of time.
g. Association is the dire ct link bet ween an important his toric event or person and a historic property.
14. Historic Landmark . A building, structur e, objec t, or site tha t has been officially designated through City Council action.
15. Historic Resourc e. A Historic Landmark designated by the City Co uncil, a Historic District and the identified contributors designated by the City Council, and any building, structure, object, or site listed in the City Historic Resources Inventory as adopted by the City Council.
16. Historic Resources Inventory (HRI). The list of buildings, s tructures, objects, sites, Hist oric Di stricts and their contributors that are formally adopted by City Council Resolution.
17. Historic Resources Survey. The syste matic and standardized proc ess conducted by a Qualified Preserva tion Profes sional, including his torical research a nd field work , for i dentifying and gathering data on the City’s potential his toric resources for the pu rpose o f evaluating th e resources per City, State, and/or federal criteria.
18. Information Centers (ICs). The offici al repository for a g iven c ounty for cultural resources reports and site records as part of CHRIS.
19. National Register Of H istoric Places. The nation’s official inve ntory of districts, sites, buildings, struct ures and objec ts significant in Ameri can history, architecture, arche ology and culture which is main tained by the Secretary of the Interior under the author ity of t he Historic Sites Act of 1 935 and the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq., 36 C.F.R. Sections 60, 63).
20. Native American Consultant/Monitor. A person who has been d esignated or authorized by a Chumash Native American Tri be to mo nitor construction activities and to serve as an on-site represen tative of the T ribe; has be en trained to work around constructio n equipment; and has been traine d t o recognize potential Tribal Cultural Resources.
21. Native Soils. The original (i.e., non-fill) sedi ments th at have not been previously disturbed from past grading or excavation activities. 29 Ordinance No. 22-__ Historic Preservation & Archaeological and Tribal Cultural Ordinance 26
22. Non-Contributor. Any property lo cated within a Historic District which does not add to the hist oric associations or historic architectural qualities fo r which the Hi storic D istrict is s ignificant; was not pr esent during the period of significance for the Historic D istrict; or does not re tain suffic ient historic integrity to convey its s ignificance. Non-contributors to designated Historic Districts are not considered historic resources.
23. Period Of Significance . The length of t ime durin g which a property was associated with important events , activities, or persons, or att ained the characteristics which qualify it for designation. A period of significance us ually begins w ith the date when si gnificant activities o r events began at the property; this is ofte n the date of construction. A histori c place may have multiple periods of significance, but those periods must be strictly demarcated by year.
24. Phase 1 Report. A study prepared by a Qualified Archaeologist, that consists of an analysis of the property’s potential for surface and buried Archaeological and Tribal Cultural reso urces and identification of the location, b oundaries, and extent of any cultural resour ces located on the property, and a review of all of the following fo r the sub ject parcel and surrounding area: (1) city -wide archaeological sensitiv ity map; (2) environm ental factors incl uding geology ; geomorphology; ecotones; water sources; availability a nd types of potentially exploited or used resources; and potential f or caves, rock shelters, and mountain peaks; and (3) aerial phot ographs and hist oric maps to determin e presence of other potential factors affecting the presence or absence of either a pre historic or hi storical site (e.g., parcel is in a r iver bottom). A P hase 1 Report requires a records search with the appropriate IC for Santa Barbara County to identify documented Archaeo logical Resources an d previous studies in and near the project site a nd requires on -site examination of the property by the Archaeologist, including a surface survey on foot.
25. Phase 1 Report, Extended. A report that includes all of the components of a Phase 1 Report, al ong wit h e xcavation of limited shovel test pits or other subsurface survey, as determined necessary by the Qualified Archaeologist for a co mplete analysis o f the pro perty to contain buried archaeological resources.
26. Point Of Historical Interes t. A building, struc ture, object, or site that no longer exists or ha s been altered and therefore does not meet the criteria for designation as a Historic La ndmark, but which was associated with histor ic events or imp ortant persons, or ot herwise has signif icant cultura l or hi storic associations; or is the site of a historic event w hich h as no distinguishabl e physical characteristics.
27. Preliminary Archaeological Assessment. A site-specific report prepared by a qualified Archaeologist to assess the potential for the project area to contain Archaeological and Tribal Cultural re sources and will determine the necessity for a Phase 1 Report. The assessment includes a review of all of the following for sub ject parcel and surro unding area: (1) prio r archaeological s urvey(s) and reports; (2) resources listed on or eligible for listing on the National Register of Historic Places and/or the CRHR; (3) known archaeological site(s) 30 Ordinance No. 22-__ Historic Preservation & Archaeological and Tribal Cultural Ordinance 27 including distance to subject pa rcel, natur e, and typ e; (4) city -wide archaeological sensiti vity map; (5) environmental factors including geology; geomorphology; ecotones; water sources; availability and types of potentially exploited or used r esources; and pot ential f or caves, rock shel ters, and mountain pe aks; (6) known and po tential h istorical resources in cluding distance to subject parcel; nature; location rel ative to historical town core and historical t ransportation rou tes, incl uding rail, road, and trails ; po tential for privies bas ed on date of sewer l ine installation; and locations of stru ctures and in frastructure assessed by inspection of historical map; a nd (7) a erial photographs and hist oric ma ps to determine presen ce of oth er potentia l factors affecting the presence or absence of either a prehistoric or historical site (e.g., parcel is in a river bottom).
28. Preservation. The act or process of applying mea sures necessary to sustain the existing form, integrity, and materials of a historic resource.
29. Qualified Archaeologist. A person who meets the minimum education and qualifications in arch aeology, anthropology, or closely related field to qualify as a Principal Investigator for Archaeology, as outlined in the Code of Federal Regulations, 36 CF R Part 61, h as a t least five years of p rofessional archaeology experience in Sant a Barbara County, and is famili ar with the local Chumash culture.
30. Qualified Archaeological Monitor. A person who has a bachelor’s degree in Anthropology, Archa eology, or related field; ha s at least one year of experience in c onducting archaeological fieldw ork in California and is experienced in the recognition of prehistoric and histori c-age archaeological materials; has been trained to work around construction equipment; and who is actively supervised by a qualified Archaeologist.
31. Qualified Preservatio n P rofessional. A per son who meets the mi nimum qualifications in history, archaeology, arc hitectural his tory, architecture, or historic architecture as outlined in the Code of Federal Regulations, 36 CFR Part 61.
32. Rehabilitation. As it app lies to historic r esources, the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property w hich are significant to it s historic, archit ectural, and cultural values.
33. Traditional Cultural Significance. This refers to the value of a p lace or object for its aest hetic, historic, social, or spiritual value for p ast, present, or future generations Traditional cultural significance is embodied in the place or object, its fabric, setting, use, association, and meaning and differs from scientific value.
34. Tribal Cultura l Resource. Cultural Res ources in clude Native Ame rican archaeological sites and area of natural landscap e that hav e t raditional cultural significance. Further, pursuant to Public Resources Code § 21074(a), a resource that consists of un ique or non -unique s ites, features, places, cultural landscapes, sacr ed pl aces, and objects with cultural va lue to a California Native American Tribe and that are:
31 Ordinance No. 22-__ Historic Preservation & Archaeological and Tribal Cultural Ordinance 28 a. Included in or determi ned to be eligible for inclusion in the California Register of Historical Resources (CRHR);
b. Included in a local register of historical resources; or c. Determined by the lead agenc y, in its discre tion and s upported with substantial evidence, to be significant on the basis of criteria for listing in the CRHR after the l ead agen cy takes into consid eration the significance to the Tribe(s).
SECTION L. Amendment to Section 12.13.030 Public Nuisance Designated.
A. Section 12.13.030 is hereby amended to add Subsection Q as follows:
Q. Failure to adequately maintain a designated historic resource as specified in Chapter 17.33 shall constitute a public nuisance.
SECTION M. Effect of Amendment
To t he extent any provision of th is O rdinance repeals, amends, or sup ersedes any previous approvals, such re peal or replacement will n ot affect any penalty, forfeiture, or liability incurred before, o r preclud e prosecution and imposition of penalties for any violation occurring before, this Ordinance’s effective date. Any such repealed or superseded part of previ ous approvals will remain in full force and effect for sustaining action or prosec uting vio lations o ccurring before t he effective date of this Ordinance.
SECTION N. Severability
If any part of this Ordinance or its application is deemed inva lid by a cou rt of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.
SECTION O. Codification
The City Clerk shall cause these ame ndments to be appropriately renumbered and codified in Titles 2, 12 and 17 of the Goleta Municipal Code on the effective date of this Ordinance.
SECTION P. Certification of City Clerk
The City Clerk shall ce rtify to the adop tion of this ordinance and, within 15 days after its adoption, shall cause it to be published in accord with California Law.
SECTION Q. Effective Date
This o rdinance shall t ake effect on t he 31st day f ollowing adoption by the City Council.
32 Ordinance No. 22-__ Historic Preservation & Archaeological and Tribal Cultural Ordinance 29
INTRODUCED ON the ___ day of ________, 2022.
PASSED, APPROVED, AND ADOPTED this ________day of ______ 2022.
_________________________
PAULA PEROTTE
MAYOR
ATTEST: APPROVED AS TO FORM:
__________________________ _________________________
DEBORAH S. LOPEZ MEGAN GARIBALDI
CITY CLERK CITY ATTORNEY
33 Ordinance No. 22-__ Historic Preservation & Archaeological and Tribal Cultural Ordinance 30
STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.
CITY OF GOLETA )
I, DEBORAH S. LOPEZ, City Clerk of the City of Goleta, California, do hereby certify that the foregoing Ordinance No. 22-__ was introduced on _______, and adopted at a regular meeting of the City Council of the City of Goleta, California, held on the ___________, by the following roll-call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
(SEAL)
_________________________
DEBORAH S. LOPEZ
CITY CLERK
34