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Santa Cruz City Ordinances

ORDINANCE NO. 2003-14

AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING SECTIONS 24.12.420 THRU 24.12.450, SECTIONS 24.08.900 THRU 24.08.930, AND SECTIONS 24.08.1011 THRU 24.08.1032 OF THE CITY ZONING CODE RELATED TO HISTORIC PRESERVATION (APPLICATION NO. 01-009)

WHEREAS, amendments to the City zoning code related to historic preservation have been developed and refined over several years by City staff, professional consultants and the Historic Preservation Commission; and

WHEREAS, an incentive program, including the Historic Building Code, Staff Approved Permits for Minor Projects, Commission Approved Permits for Major Projects, Increased Property Values, Reduced Permit Fees, Housing Rehabilitation Loans/Grants, Mills Act Contracts, and How-to User Brochures, was simultaneously considered with the amendments to provide a balanced overall preservation program; and

WHEREAS, on May 23, 2001, the Historic Preservation Commission held a public hearing, reviewed the proposed amendments and incentive program and recommended approval of the zoning code amendments to the Planning Commission; and

WHEREAS, on July 19th, 2001, the Planning Commission considered the proposed ordinance amendments at a public hearing and recommended approval to the City Council; and

WHEREAS, on March 12, 2002, the City Council considered the proposed ordinance amendments at a public hearing and directed staff to confer with the Chair of the Historic Preservation Commission and any Councilmembers who have input regarding the ordinance language, and that staff return for a first reading of the revised ordinance; and

WHEREAS, staff has conferred with the Chair of the Commission and certain Councilmembers and has revised certain ordinance language; and

WHEREAS, the City Council conducted a public hearing on the ordinance on April 22, 2003, and, as required by Section 24.06.040 of the Zoning Ordinance, found the following:

1. The proposed changes to the historic preservation zoning regulations allow for a more user-friendly application process. Administrative historic alteration permits issued by the Zoning Administrator without a public hearing are allowed for smaller projects located to the rear of buildings and projects that involve alterations to a non-historic building on an historic site. Regular historic alteration permits issued by the Historic Preservation Commission after a public hearing are required for larger projects and projects which involve alterations to the front of historic buildings. These amendments will encourage the preservation of historic buildings, thus furthering the general community welfare and good zoning practices.

2. The proposed changes recognize and reference up-to-date historic building survey criteria and alteration review criteria. State and national preservation governmental bodies and organizations recognize these criteria.

3. The proposed changes to the historic preservation ordinance follow the recommendation by the General Plan to develop and enforce land-use and other regulations that are flexible enough to maintain the viability of historic buildings while effectively protecting them.

NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:

Section 1. Chapter 24.12, Part 5 of the Santa Cruz Municipal Code is hereby amended as follows:

Part 5: HISTORIC PRESERVATION

24.12.400 Purpose.

It is hereby found that the protection, enhancement, perpetuation and use of structures, districts, lands, and neighborhoods of historic, archaeological, architectural, and engineering significance, located within the City of Santa Cruz, are of cultural and aesthetic benefit to the community. It is further found that respecting the heritage of the City will enhance the economic, cultural and aesthetic standing of this City. The purpose of provisions in this title related to historic preservation is to:

1. Designate, preserve, protect, enhance, and perpetuate those historic structures, districts, and neighborhoods contributing to cultural and aesthetic benefit of Santa Cruz;
2. Foster civic pride in the beauty and accomplishments of the past;
3. Stabilize and improve the economic value of certain historic structures, districts, and neighborhoods;
4. Protect and enhance the City’s cultural, archaeological and aesthetic heritage;
5. Promote and encourage continued private ownership and use of such buildings and other structures now so owned and used, to the extent that the objectives listed above can be obtained under such policy;
6. Serve as part of the Local Coastal Implementation Plan for the Coastal Program.

(Ord. 94-33 § 60, 1994: Ord. 85-05 § 1 (part), 1985).

24.12.410 Historic Preservation Procedures Authorized by this Title.

The following procedures related to historic preservation are authorized by this title:

1. Historic District Designation (Part 2, Chapter 24.06).

2. Historic Landmark Designation (Section 24.12.420).

3. Archaeological Procedures (Section 24.12.430).

4. Procedure for Amending Historic Building Survey (Section 24.12.440).

5. Procedure; New Construction in Historic Districts (Section 24.12.450).

6. Historic Alteration Permit (Part 10, Chapter 24.08).

7. Historic Demolition Permit (Part 11, Chapter 24.08).

8. Historic Overlay District (Part 22, Chapter 24.10).
(Ord. 86-13 § 6, 1986: Ord. 85-05 § 1 (part), 1985).


24.12.420 Historic Landmark Designation/Deletion.

1. Purpose. The purpose of this procedure is to provide for the designation/deletion of an individual structure or other feature, or group of structures on a single lot or site, or a site having special aesthetic, cultural, architectural, or engineering interest or value of an historical nature as a “landmark.”
2. Procedure.

a. Designation/deletion of landmarks may be proposed by the City Council, Historic Preservation Commission, the secretary to the Historic Preservation Commission (Planning Director), or on application of the owners, or their authorized agents, of the property for which designation is requested.

b. Each proposal shall be considered by the Historic Preservation Commission at a public hearing, allowing time for notice to the owner or owners of the property and to the public pursuant to the provisions of Chapter 24.04. The Commission shall encourage public participation in the hearing and the presentation of testimony about the property under consideration. The staff may prepare a summary of information about the property prior to the hearing. When recommending the approval of a designation or a deletion, the Commission shall prepare a report setting forth the factual basis for the required findings.

c. After receiving a recommendation from the historic preservation commission, the city council shall hold a public hearing at the earliest possible date of a regular meeting, allowing time for public notice.

3. Findings Required. Prior to the Historic Preservation Commission recommending approval of landmark designation or deletion to the City Council and prior to the City Council approving the application, each shall find as appropriate:

a. That the proposed landmark, or group of structures, or features thereof has or no longer has significant aesthetic, cultural, architectural, or engineering interest or value of an historical nature.

b. That approval or modified approval of the application to designate or delete a landmark is consistent with the purposes and criteria of the City’s historic preservation policies set forth in Section 24.12.400 herein, and the Cultural Resources Element of the General Plan.
(Ord. 94-33 § 61, 1994: Ord. 86-13 § 6, 1986: Ord. 85-05 § 1 (part), 1985).



24.12.430 Protection of Archaeological Resources.

1. Policy and Purpose. Existing in Santa Cruz are certain deposits and sites of cultural significance believed to have been left by Native Americans and other early inhabitants. These deposits and sites are unique and irreplaceable phenomena of significance in the history of the City and the understanding of the cultural heritage of our land and of all humankind. Such sites have a deep, spiritual significance to Native Americans, especially the native peoples of the State of California, and constitute a precious archaeological and historical heritage, which is fast disappearing as a result of public and private land development. Uncontrolled excavation or modification of these resources would destroy their cultural integrity. This loss would affect future generations and must be prevented in the public interest. Such cultural resources should be preserved in an undisturbed state wherever possible, for future generations who should be more skilled and have access to better methods of study. In order to promote the public welfare, it is necessary to provide regulations for the protection, enhancement, and perpetuation of such sites. This section therefore, is intended to provide a procedure for preserving the valuable cultural resources in the City of Santa Cruz.
2. Developer’s Action on Discovery of Artifacts or Remains During Excavation or Development. Any person exercising a development permit or building permit who, at any time in the preparation for or process of excavating or otherwise disturbing earth, discovers any human remains of any age or any artifact or any other object which reasonably appears to be evidence of an archaeological/cultural resource, shall:

a. Immediately cease all further excavation, disturbance, and work on the project site;

b. Cause staking to be placed completely around the area of discovery by visible stakes not more than ten feet apart forming a circle having a radius of not less than one hundred feet from the point of discovery; provided, that such staking need not take place on adjoining property unless the owner of the adjoining property authorizes such staking;

c. Notify the Santa Cruz County sheriff-coroner and the city of Santa Cruz planning director of the discovery unless no human remains have been discovered, in which case the property owner shall notify only the planning director;

d. Grant permission to all duly authorized representatives of the sheriff-coroner and the planning director to enter onto the property and to take all actions consistent with this section.

3. Coroner’s Action on Discovery of Remains. If human remains are discovered, the sheriff-coroner or his/her representative shall promptly inspect the remains to determine the age and ethnic character of the remains, and shall promptly, after making such determinations, notify the planning director.

4. Planning Director’s Action on Discovery of Artifacts or Remains. If any artifacts or remains are discovered, the planning director shall cause an on-site inspection of the property to be made. The purpose of the inspection shall be to determine whether the discovery is of an archaeological resource or cultural resource. If remains have been discovered, the planning director shall consult the sheriff-coroner before making his/her determination. In making a determination, the planning director may also consult with Native American groups, qualified archaeologists, or others with the necessary expertise.

5. Discovery Not an Archaeological/Cultural Resource. Upon determining that the discovery is not of an archaeological/cultural resource, the planning director shall notify the property owner of such determination and shall authorize the resumption of work.

6..Discovery an Archaeological/Cultural Resource. Upon determining that the discovery is of an archaeological/cultural resource, the planning director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other measures have been approved by the director the protection of the site.

7. Mitigation Plan. The property owner or his/her agent shall prepare any required mitigation plan. The mitigation plan shall include conditions necessary or appropriate for the protection of the resource including, but not limited to, conditions on the resumption of work, redesign of the project, or other conditions deemed appropriate by the planning director. The director shall review the mitigation plan and may consult with Native Americans, archaeologists, or other interested persons, to insure proper protection of the resource. When the director is satisfied that the mitigation plan is adequate, the director shall authorize the resumption of work in conformance with the mitigation plan.

8. Referral to Historic Preservation Commission. The planning director may refer to the historic preservation commission the decision whether the discovery is of an archaeological/cultural resource and the decision whether the mitigation plan is adequate to protect the resource. If the director refers the matter to the historic preservation commission, a public hearing shall be held in conformity with the requirements of this title relating to public, hearings.

9.Development on Known Archaeological Sites. No building permit for any earth-disturbing activity shall be issued on parcels identified by resolution of the city council as containing known cultural or archaeological resources, without the owner first obtaining an administrative use permit. The administrative use permit shall be conditioned with appropriate archaeological survey and mitigation procedures such as those prescribed in the Historic Preservation Element and the Local Coastal Land Use Plan.

10. Archaeological Reconnaissance. The city may conduct archaeological reconnaissance on any parcel in the city of Santa Cruz, at the request of or with the consent of the property owner. The city may also as a condition of any permit issued pursuant to this title or as a condition of any building permit issued pursuant to the Santa Cruz Municipal Code, require that an archaeological reconnaissance be conducted on any parcel in the city of Santa Cruz, whenever such requirement is in furtherance of the purposes of this chapter. A fee for such reconnaissance shall be charged to the applicant or property owner as established by resolution of the city council.

(Ord. 86-13 § 6, 1986: Ord. 85-05 § 1 (part), 1985).

24.12.440 Santa Cruz Historic Building Survey.

1. Background - Availability. The Santa Cruz Historic Building Survey, Volume I - prepared for the city of Santa Cruz by Charles Hall Page and Associates Inc., and published in 1976, and Volume II – prepared by John Chase, Daryl Allen and Jeanne Gordon, and published is 1989, is hereby adopted, as amended, as the Santa Cruz Historic Building Survey, and is incorporated herein by reference. Three copies of said building survey are, and shall be, maintained on file in the office of the city clerk, city of Santa Cruz, for the use of, and examination by, the public. See Chapter 24.08 for permits and requirements relating to Historic Building Survey buildings.

2. Procedure for Amending Historic Building Survey.

a. The city council may amend the Historic Building Survey by resolution by adding buildings or property to the survey or deleting buildings or property from the survey. This shall be done following a recommendation by the historic preservation commission. The historic preservation commission shall report to the city council on changes to buildings or property listed on the survey, and the commission shall recommend initiation of a new survey when there is a need to update the Historic Building Survey.

b. A public hearing shall be held by both the city historic preservation commission and the city council, allowing time for notice to the owner or owners of the property and to the public pursuant to the provisions of Chapter 24.04.

c. Actions by both bodies shall be based on the following criteria:
The property is either a building, site, or object that is:

1. Recognized as a significant example of the cultural, natural, archaeological, or built heritage of the city, state, or nation; and/or

2. Associated with a significant local, state, or national event; and/or

3. Associated with a person or persons who significantly contributed to the development of the city, state, or nation; and/or

4. Associated with an architect, designer, or builder whose work has influenced the development of the city, state, or nation; and/or

5. Recognized as possessing special aesthetic merit or value as a building with quality of architecture and that retains sufficient features showing its architectural significance; and/or

6. Recognized as possessing distinctive stylistic characteristics or workmanship significant for the study of a period, method of construction, or use of native materials; and/or

7. Retains sufficient integrity to accurately convey its significance.
The district is:

8. Recognized as a geographically definable area possessing a significant concentration of buildings that are well designed and other structures, sites, and objects which are united by past events or by a plan or physical development; or is

9. Recognized as an established and geographically definable neighborhood united by culture, architectural styles or physical development.

d. Upon the initiation of an amendment to the Historic Building Survey to add a building or buildings, no zoning or building or demolition permit shall be issued for a period of sixty days or until final action by the city council, whichever occurs first. An exception may be made where public health and safety require it. A public hearing shall be held upon any initiation of an amendment to the Historic Building Survey.

(Ord. 86-13 § 6, 1986: Ord. 85-05 § 1 (part), 1985).

24.12.445 Variations to Regulations for Historic Building Survey Buildings.

1. Modification to District Regulations. District regulations for height, stories, lot coverage, and yards may be modified to the extent that an existing structure, or proposed addition of 100 square feet or less, does not conform to such regulations. A use permitted in the district in which it is located may be established in additional floors and otherwise nonconforming floor area so long as the additional use allowed as a result of this modification occurs entirely within the building and does not materially alter the appearance of the building. Prior to modifying the requirement, the approving body shall find that the modification is necessary in order to allow appropriate findings, per Section 24.08.930, Findings required for historic alteration permit.

2. Reduction of Parking Requirement. The normal parking requirement (number and covered parking requirements) may be modified in order to maintain the value of the property. Prior to modifying the requirement, the approving body shall find that the modification is necessary in order to allow appropriate findings, per Section 24.08.930, Findings required for historic alteration permit, and that such modification will not significantly adversely affect traffic and parking on adjacent and nearby streets and properties.

24.12.450 Procedure - New Construction in Historic Districts.
(Ord. 86-13 § 6, 1986: Ord. 85-05 § 1 (part), 1985).
* Editor’s Note: Text was deleted in 2003.


BE IT ORDAINED, by the City of Santa Cruz as follows:

Section 2. Chapter 24.08, Part 10 of the Santa Cruz Municipal Code is hereby amended as follows:

Part 10: HISTORIC ALTERATION PERMIT

24.08.900 Purpose.

The purpose of this permit is to ensure that new construction and alterations are allowed in a manner which retains the integrity of the City’s historic landmarks, buildings, sites and districts over time. Administrative Historic Alteration Permits may be approved by the Zoning Administrator, without a public hearing, for minor alteration projects and accessory structures. Historic Alteration Permits may be approved by the City Historic Preservation Commission, after a public hearing, for non-minor alteration projects. Such a permit is required before any person shall carry out or cause to be carried out, on the site of a designated landmark, or on the site of a building listed in the City of Santa Cruz Historic Building Survey, or on the site of a structure in an historic overlay district, any material change in exterior appearance of any such site or structure through alteration, construction or relocation. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.
(Ord. 99-17 § 3, 1999: Ord. 94-33 § 21, 1994: Ord. 86-13 § 2 (part), 1986: Ord. 85-05 § 1 (part), 1985).

24.08.910 General Provisions.

The planning department shall maintain a current record of designated landmarks, historic districts and buildings listed on the city’s Historic Building Survey. When an application involving such landmark, district or building indicates a possible material change to the exterior appearance of a building, structure, site or portion thereof, an historic alteration permit shall be required. Approval of an Administrative historic alteration permit shall be required for the addition of, or modification to non-historic structures on parcels which include a designated landmark, or a building or a site listed in the City of Santa Cruz Historic Building Survey, or on a structure in an historic overlay district, or for minor historic alteration projects.
(Ord. 99-17 § 4, 1999: Ord. 86-13 § 2 (part), 1986: Ord. 85-05 § 1 (part), 1985).

24.08.915 Review of Applications

1. The applicant shall provide, where applicable, scaled drawings of both existing conditions and proposed work which clearly identifies both existing and new construction, and the extent of demolition, photographs of the property at the time of the application, photographs of adjacent property, and detailed information about the building materials to be used. The Commission and the staff may require additional information from the applicant in order to evaluate the application. An application shall not be considered complete and ready for approval or disapproval until all required data have been submitted.

2. When an application involves construction of a new building or of an addition to a building, the applicant may present plans to receive comments from the Commission before the preparation of detailed drawings for the project. The comments at that time will be intended to give direction to the applicant, although the comments will not be binding on the Commission.

24.08.920 Procedure.

A public hearing shall be held by the historic preservation commission, prior to final action on any historic alteration permit application except minor historic alteration projects, as defined in Section 24.22.438. Administrative historic alteration permits may be approved for minor historic alteration projects by the Zoning Administrator without a public hearing. Notice of the hearing shall be given to the applicant and to the public pursuant to the provisions of Chapter 24.04. The commission and zoning administrator shall take action on each application after the receipt of a completed application, and the commission’s/zoning administrator’s procedures may include discussions with the applicant on modifications to the proposal. The commission and zoning administrator may approve, approve with modifications, or deny an application, and it shall set forth the factual basis for its required findings.
(Ord. 99-17 § 5, 1999: Ord. 86-13 § 2 (part), 1986: Ord. 85-05 § 1 (part), 1985).

24.08.930 Findings Required

Prior to approval or modified approval, the historic preservation commission or zoning administrator shall find that:

1. The action proposed is consistent with the purposes of historic preservation as set forth in Section 24.12.400 of this title and in the Cultural Resources Element of the General Plan; and one of the following three findings:
2. The project complies with Standards for Rehabilitation approved by the United States Secretary of the Interior; and that the project’s:

1. architectural design;
2. height and bulk of buildings and structures;
3. lot coverage and orientation of buildings;
4. color and texture of surface materials;
5. grading and site development;
6. landscaping;
7. changes to natural features;
8. antennas, satellite dishes and solar collectors;
9. off-street parking, signs;
10. light fixtures and street furniture;
11. steps, walls, doors, windows, screens and security grills;
12. yards and setbacks

protect and preserve the historic and architectural qualities and the physical characteristics which make the building, structure, or property a contributing feature of the landmark, historic building survey building or historic district; or

3. The applicant has demonstrated that the action proposed is necessary to correct an unsafe or dangerous condition on the property pursuant to Section 24.08.940; or
4. The applicant has demonstrated that denial of the application will result in immediate and substantial economic hardship that denies the applicant the ability to make reasonable beneficial use of the property or the ability to obtain a reasonable return from the property.

(Ord. 99-17 § 6, 1999: Ord. 99-06 § 2, 1999: Ord. 94-33 § 22, 1994: Ord. 91-13 § 1, 1991; Ord. 86-13 § 2 (part), 1986: Ord. 85-05 § 1 (part), 1985).

24.08.940 Unsafe or Dangerous Conditions.

None of the provisions of this part shall be construed to prevent construction, alteration, removal or relocation necessary to correct the unsafe or dangerous conditions of any structure, other feature, or part thereof, when such condition has been declared unsafe or dangerous by the building official or the fire chief, and where the proposed measures have been declared necessary by such official to correct the said condition. However, only such work as is necessary to correct the unsafe or dangerous condition may be performed. In the event any structure or other feature is damaged by fire or other calamity the building official may specify, prior to the commission’s review, the amount of repair necessary to correct an unsafe condition.
(Ord. 86-13 § 2 (part), 1986: Ord. 85-05 § 1 (part), 1985).


BE IT ORDAINED, by the City of Santa Cruz as follows:

Section 3. Chapter 24.08, Part 11 of the Santa Cruz Municipal Code is hereby amended as follows:

Part 11: HISTORIC DEMOLITION PERMIT

24.08.1000 Purpose.

The purpose of this permit is to ensure that no person shall demolish or cause to be demolished any building listed on the Santa Cruz Historic Building Survey, any designated historic landmark or any building in an historic overlay district without approval of an historic demolition permit.
(Ord. 86-13 § 3 (part), 1986: Ord. 85-05 § 1 (part), 1985).

24.08.1010 Demolition of Buildings Listed in the Historic Building Survey.
* Editor’s Note: See Sections 24.08.1012 and 24.08.014.

24.08.1011 Information about the Building Proposed for Demolition

1. The commission may ask the applicant for an historic demolition permit to provide additional information to help in reaching a decision. The applicant may explain to the commission any problems in supplying information about the property, and the commission may withdraw the request for this information from the applicant.

24.08.1012 Demolition of Buildings Listed in the Historic Building Survey - Procedure.

1. Any person desiring to demolish a building listed on the Santa Cruz Historic Building Survey shall first file an application for a historic demolition permit with the planning department. Demolition of any such building may be approved only in connection with an approval of a replacement project. In case of a residential use, Part 14 of this chapter (Residential Demolition/Conversion) shall also apply.

2. Exceptions: Single-story detached garages, sheds, or other accessory buildings with no identified historic, cultural, or architectural value, as determined by the Zoning Administrator shall be exempt from this requirement.

a. After giving notice to the applicant and to the public pursuant to the provisions of Chapter 24.04, the historic preservation commission shall hold a public hearing and shall take one of the following actions:
b. Approve Permit. The historic preservation commission may approve the historic demolition permit in conformance with the provisions of Part 14 of this chapter.

(1). Approve Permit, Subject to a Waiting Period of Up to One Hundred Twenty Days to Consider Relocation/Documentation.

(2) During the waiting period, the applicant shall advertise the proposed demolition in a paper of general circulation in the city of Santa Cruz, at, least twice during the first, thirty days following the action by the historic preservation commission. Such advertisement shall include the address at which the structure proposed for demolition is located, information as to how arrangements can be made for relocation, and the date after which a demolition permit may be issued. Evidence of this publication must be submitted to the zoning administrator prior to issuance of a demolition permit.

c.During the waiting period, the historic preservation commission may investigate preservation alternatives such as photographing the building and gathering related historical data.

(1). Continue for Up to One Hundred Eighty Days to Consider Designation as Landmark, or Other Alternatives to Demolition.

(2) During the continuance period, the historic preservation commission may investigate relocation of the building on site or modification of the building for future uses in a way which preserves the architectural and historical integrity of the building.

(3) During the continuance period, the historic preservation commis-sion may initiate an application for a landmark designation for the building and/or site.

(4) If the city council fails to designate the structure as an historic landmark within the one hundred eighty days, the demolition permit shall be issued.
This continuance may be appealed.

d. Deny Permit.

(Ord. 91-12 § 1, 1991; Ord. 86-13 § 3 (part), 1986: Ord. 85-05 § 1 (part), 1985).

24.08.1014 Demolition of Buildings Listed in the Historic Building Survey - Findings.

1.Prior to approval or modified approval, the historic preservation commission shall find that:

a. The action proposed is consistent with the purposes of historic preservation as set forth in Section 24.12.400 of this title and in the Cultural Resources Element of the General Plan; or

b. The applicant has demonstrated that the action proposed is necessary to correct an unsafe or dangerous condition on the property pursuant to Section 24.08.1040; or

c. The applicant has demonstrated the denial of the application will result in immediate and substantial economic hardship; or
There are no reasonable alternatives to the demolition as of the time of the hearing.

2. Prior to denial, the historic preservation commission shall find that:

a. There are reasonable alternatives to the demolition as of the time of the hearing as demonstrated by specific facts in the record.

(Ord. 94-33 § 23, 1994: Ord. 91-12 § 2, 1991; Ord. 86-13 § 3 (part), 1986: Ord. 85-05 § 1 (part), 1985).

24.08.1020 Demolition of Designated Historic Landmarks.
* Editor’s Note: See Sections 24.08.1022 and 24.08.1024.

24.08.1022 Demolition of Designated Historic Landmarks - Procedure.

1. Any person desiring to demolish a designated historic landmark shall first file an application for a historic demolition permit with the planning department. Demolition of any such building may be approved only in connection with an approval of a replacement, project. In case of residential use, Part 14 of this chapter (Residential Demolition/Conversion) shall also apply.

2. After giving notice to the applicant and to the public pursuant to the provisions of Chapter 24.04, the historic preservation commission shall hold a public hearing and shall take one of the following actions:

a. Approve Permit. The historic preservation commission may approve the historic demolition permit in conformance with the provisions of Part 14 of this chapter.

b. Approve Permit, Subject to a Waiting Period of Up to One Hundred Twenty Days to Consider Relocation/Documentation.

(1) During the waiting period, the applicant shall advertise the proposed demolition in a paper of general circulation in the city of Santa Cruz, at least twice during the first thirty days following the action by the historic preservation commission. Such advertisement shall include the address at which the structure proposed for demolition is located, information as to how arrangements can be made for relocation and the date after which a demolition permit may be issued. Evidence of this publication must be submitted to the zoning administrator prior to issuance of a demolition permit.
(2) During the waiting period, the historic preservation commission may investigate preservation alternatives such as photographing the building and gathering related historical data.

c. Continue for Up to One Hundred Eighty Days to Consider Other Alternatives to Demolition.

(1) During the continuance period, the historic preservation commission may investigate relocation of the building on site or modification of the building for future uses in a way which preserves the architectural and historical integrity of the building.
(2) This continuance may be appealed.

d. Deny Permit.

(Ord. 91-12 § 3, 1991; Ord. 86-13 § 3 (part), 1986: Ord. 85-05 § 1 (part), 1985).

24.08.1024 Demolition of Designated Historic Landmarks - Findings Required.

Same as those set forth in Section 24.08.1014 of this part.
(Ord. 86-13 § 3 (part), 1986: Ord. 85-05 § 1 (part), 1985).

24.08.1030 Demolition of Buildings or Structures in the Historic Overlay District.

When demolition is proposed for a building or structure that is neither a designated landmark nor a Historic Building Survey building but is in an historic district, the following procedure applies. An historic demolition permit for a building in an historic district shall be approved only in connection with an historic alteration permit for a replacement project.
(Ord. 86-13 § 3 (part), 1986: Ord. 85-05 § 1 (part), 1985).

24.08.1032 Demolition of Buildings or Structures in the Historic Overlay District - Procedure.

After giving notice to the applicant and to the public pursuant to the provisions of Chapter 24.04, a public hearing shall be held by the historic preservation commission.
(Ord. 86-13 § 3 (part), 1986: Ord. 85-05 § 1 (part), 1985).


24.08.1036 Demolition of Buildings or Structures in the Historic Overlay District - Findings Required.

Same as those set forth in Section 24.08.1014 of this part.
(Ord. 86-13 § 3 (part), 1986: Ord. 85-05 § 1 (part), 1985).


24.08.1040 Unsafe or Dangerous Conditions.

None of the provisions of this part shall be construed to prevent any demolition necessary to correct the unsafe or dangerous conditions of any structure, feature, or part thereof, when such condition has been declared unsafe or dangerous by the building official or the fire chief and where the proposed measures have been declared necessary by such official to correct said condition. However, only such work as is necessary to correct the unsafe or dangerous condition may be performed. In the event any structure or other feature shall be damaged by fire or other calamity, the building official may specify, prior to the commission’s review, the amount of repair necessary to correct an unsafe condition.
(Ord. 86-13 § 3 (part), 1986: Ord. 85-05 § 1 (part), 1985).

24.08.1050 Demolition Appeal.

1. If an application for a landmark alteration permit to demolish a designated landmark is appealed, the city council may continue action on the appeal for a period of up to one hundred eighty days from the date of the council’s public hearing. If the city council fails to act in this period of up to one hundred eighty days, the application shall be deemed to have been approved.
2. If the appeal is for permit approval, the city council during this period may with the advice and assistance of the historic preservation commission take such steps as it determines are necessary to preserve the structure concerned, in accordance with the city’s historic preservation purposes (Section 24.12.400). Such steps may include, but shall not be limited to, consultations with civic groups, public agencies, and interested citizens, recommendations for acquisition of property by public or private bodies or agencies, and exploration of the possibility of moving one or more structures or other features.

(Ord. 91-12 § 4, 1991: Ord. 85-05 § 1 (part), 1985).

24.08.1060 Reserved.*

* At the direction of the city clerk, this section, entitled “Unsafe or Dangerous Conditions,” was removed from the code at the time of the 1995 republication. See § 24.08.1040.

24.08.1070 Showing of Hardship in Cases of Proposed Material Change Construction.

The historic preservation commission may approve a landmark alteration permit to carry out construction, demolition, material change, or relocation of a landmark or in an historic district, if the applicant presents facts clearly demonstrating to the satisfaction of the historic preservation commission at the public hearing that failure to receive such approval will cause an immediate and substantial hardship. If hardship is found to exist under this section, the historic preservation commission shall make a written finding to that effect, and shall also specify in writing the facts relied upon in making such finding.
(Ord. 85-05 § 1 (part), 1985).

Section 4. This ordinance shall be in force and take effect thirty (30) days after its final adoption.


PASSED FOR PUBLICATION this 22nd day of April, 2003, by the following vote:

AYES: Vice Mayor Kennedy, Councilmembers Fitzmaurice, Rotkin, Mathews,
Primack, Porter; Mayor Reilly.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

APPROVED: _______________________

Mayor


ATTEST: ____________________
City Clerk


PASSED FOR FINAL ADOPTION this 27th day of May, 2003, by the following vote:

AYES: Vice Mayor Kennedy, Councilmembers Fitzmaurice, Mathews, Primack, Porter; Mayor Reilly.

NOES: None.

ABSENT: Councilmember Rotkin.

DISQUALIFIED: None.

APPROVED: _____________________
Mayor

ATTEST: ____________________
City Clerk


This is to certify that the above and foregoing document is the original of Ordinance No. 2003-14 and that it has been published or posted in accordance with the Charter of the City of Santa Cruz.


___________________________
City Clerk

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Last updated: 9/21/2009 1:42:06 PM