(A) Purpose. The City Council may by resolution or ordinance adopt preservation incentives to encourage the designation, preservation, maintenance, and appropriate rehabilitation of the city’s cultural resources. Preservation incentives, in the form of financial and regulatory incentives, shall be made available to owners of properties that are designated cultural resources, either individually or as contributors to historic districts, and listed in the San Gabriel Register of Cultural Resources.
(B) Financial preservation incentives. The following financial incentives shall be made available to owners of designated cultural resources, in a process to be determined by the Director:
(1) Waiver of initial review for historic appropriateness/administrative approval fees. All fees associated with the completion of an initial review for historic appropriateness shall be waived for designated cultural resources.
(2) Mills Act historic property contracts. Through the Mills Act historic property contract program, the city allows owners of designated cultural resources to receive a reduction in property taxes in exchange for a commitment to complete specific repair, restoration, and/or rehabilitation project and on-going maintenance in accordance with the Secretary’s Standards and other applicable design guidelines and criteria. The City Council, on the advice of the Director and Commission, shall periodically review and update the application process, criteria, and procedures for Mills Act contracts, by resolution or ordinance. The Mills Act was adopted by the city by resolution on August, 21, 2001 (Resolution No. 01-31). The state-level enabling legislation for the Mills Act program is contained in Cal. Gov’t Code §§ 50280 through 50290.
(3) Preservation easements. Preservation easements may be acquired by the city through donation or purchase. The preservation easement would be accepted and administered by a state or local 501(c)(3) organization dedicated to historic preservation. The easement would specify the conditions and restrictions running with the land designed to preserve and maintain the cultural resource.
(C) Regulatory preservation incentives. Designated cultural resources are eligible for the following regulatory preservation incentives, which are intended to encourage the preservation and ongoing use of the city’s cultural resources. The following incentives shall be made available to owners of designated cultural resources, in a process to be determined by the Director:
(1) California Historical Building Code. The California Historic Building Code (Title 24, Part 8, California Administrative Code) shall guide upgrades and alterations to designated cultural resources.
(2) Transfer of development rights. Through the transfer of development rights (TDR) program, the City Council may by resolution approve the sale of unused development rights from designated cultural resources (sender sites) to development sites (receiver sites). Before any transferable development rights are offered for sale, the city shall establish by resolution the criteria, procedures, and public process, through the city’s formal bidding procedures, to sell unused floor area development rights from sender sites to receiver sites. TDR policies and procedures will be periodically reviewed and updated as needed by the city.
(3) Exemption from design review. Design review shall be carried out concurrently by the Historic Preservation and Cultural Resource Commission for the following projects:
(a) All major alterations to designated cultural resources, including individually listed properties and contributors to historic districts;
(b) New construction and in-fill within the boundaries of designated historic districts;
(c) All new construction, additions to, and alterations of a parcel including a designated cultural resource, whether individually listed or a contributor to a historic district.
(4) Exemption for nonconforming uses. On a case by case basis, a preexisting nonconforming use or site condition may be changed to a permitted use or site condition at the discretion of the Director, if the exemption encourages the retention and ongoing viable use of a designated cultural resource.
(5) Reduction of commercial parking requirements. At the discretion of the Director, commercial properties included on the Register may be granted a reduction in parking requirements, to a maximum of 50%, based on the degree to which the historic character of the cultural resource would be preserved, enhanced, or made more viable through the reduction in parking requirements.
(6) Residential waiver for garage space requirement.
(a) Residential properties included on the Register may be granted a waiver of the requirement for an additional covered parking space for additions of more than 25% of the existing gross floor area (§ 153.049, Zoning Code, Garage Space Required). Waiving the requirement for additional covered parking spaces encourages the retention and protection of historic garages and carports, which contribute to the historic character and integrity of historic districts and conservation overlay zones.
(b) This section allows the Director to waive the requirement for an additional covered parking space where the Commission first determines through the certificate of appropriateness approval process that:
1. The property has an existing historic garage or carport that is a contributing element of the cultural resource;
2. The existing historic garage or carport can accommodate at least one vehicle;
3. The existing historic garage or carport is structurally sound or, if deteriorated, the Commission approves a rehabilitation plan for the historic garage or carport as part of the certificate of appropriateness approval process;
4. The second required parking space can be accommodated outside of the existing covered parking space within an existing legal driveway or tandem space;
5. The cumulative addition to the historic property is less than 50% of the existing floor area;
6. The additional living space does not include a new dwelling unit on the property.
(Ord. 636-C.S., passed 8-15-17
; Am. Ord. 679, passed 10-19-21
)