ORDINANCE NO. 582
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUNSMUIR AMENDING SECTION 17.68.110 OF TITLE 17 OF THE DUNSMUIR MUNICIPAL CODE RELATING TO THE PERMITTING PROCESS FOR PAINTING IN THE HISTORIC DISTRICT AND ITS BUFFER ZONE (ZOA 25-01)
WHEREAS, the City wishes to streamline the review process for property owners seeking only to repaint their structures in the Historic combining district and buffer zone, providing an administrative review process for the proposed paint color(s) if an applicant selects the color(s) from an approved color palette; and
WHEREAS, the City seeks to ensure that property owner and applicants can maintain, preserve, and rehabilitate their buildings in the Historic district and buffer zone consistent with the historic preservation policies of the General Plan while maintaining the intent of the General Plan and Historic combining district; and
WHEREAS, the City seeks to clarify for staff and property owners the aesthetic vision of the Historic district by enabling the City Council to adopt a historic color palette and the Planning Commission to make modifications to it; and
WHEREAS, the proposed ordinance amending Section 17.68.110 of the Dunsmuir Municipal Code would not enable the administrative review of any “material changes” to buildings as defined by Title 17 of the Dunsmuir Municipal Code, but would continue to require Planning Commission review of any such “materials changes”; and
WHEREAS, planning staff presented an oral and written staff report on the draft ordinance amending Section 17.68.110 of the Dunsmuir Municipal Code at the Planning Commission’s regularly scheduled meeting on October 8, 2025, and the Planning Commission recommended by a 5 to 0 vote with one abstaining that the City Council adopt the ordinance amending Section 17.68.110 of the Dunsmuir Municipal Code; and
WHEREAS, a Notice of Public Hearing was published in the Mt. Shasta Herald on September 10, 2025, more than 20 days in advance of the Planning Commission public hearing on October 8, 2025, and a Notice of Public Hearing was published in the Mt. Shasta Herald on October 29, 2025, more than 20 days in advance of the City Council public hearing on November 20, 2025, and a notice for the City Council’s second reading was continued to a time and date certain and does not require further notice pursuant to Government Code section 65854.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Dunsmuir does ordain as follows:
SECTION I: Section 17.68.110 of the Dunsmuir Municipal Code is hereby amended to read as follows:
B.
C.
Section 17.68.110 Procedure to authorize construction, demolition, relocation, or material change to a historic resource.
A. No permit shall be issued for the construction, relocation, modification, or demolition of a historic resource or for any material change to a historic resource without review of a historic site alteration permit by the planning commission, with the exception of alteration of paint color alone, which shall be reviewed as described in paragraph (K) of this Section.
Planning and building departments shall maintain current records of designated structures, landmarks, and districts, including a list of historically significant interior features, if known. This list shall be maintained by and for the planning commission.
Historic Site Alteration Permit
- When the planning or building department receives a permit application indicating a possible material change to a historic resource (other than alteration of paint color as noted in paragraph (K) of this Section), they shall refer such application to the historic district delegates for review. The historic district delegates shall make a determination of whether the proposed change may result in a detrimental change to the historic resource or district.
2.
3.
4.
When the historic district delegates have determined that a proposed material change is compatible and does not represent a detrimental change, the planning department shall forward that determination along with any associated recommendations to the planning commission for further action.
When the historic district delegates determine that a proposed change may represent a detrimental change, the planning department shall forward that determination along with any recommendations to the planning commission and a public hearing shall be held.
An application for a historic site alteration permit shall be filed with the city planner upon a form prescribed by the city clerk and accompanied by a fee established by the city council. The application shall contain the following data:
a.
A clear statement of the proposed work;
b.
Detailed scale plans describing the size, height, and appearance of the proposed work with all materials, textures, and colors to be used, identified, and shown;
C.
A site plan showing all existing buildings and structures and the proposed work in relation to adjacent structures;
D.
E.
5.
d.
Other information deemed necessary by the planning commission, including, but not limited to, site photographs, historic records pertaining to the site or structure under consideration, and material and paint samples.
In considering the appropriateness of the historic site alteration permit, the historic district delegates and planning commission shall consider, among other things, the purposes of this chapter and the historic architectural value, texture, and materials of the building or structure in question, its appurtenant fixtures, including signs, utilities, fences, parking, site plan, landscaping, and the relationship of such building and/or features to other buildings.
When an application is received for demolition, relocation, or removal of a historic resource, the necessity shall be justified to the planning commission. No historic resource shall be demolished or removed unless it has become a threat to public health and safety, is not usable, and cannot be repaired or restored.
Prior to approval or modified approval, the planning commission shall make findings that: 1. The action proposed is consistent with the purposes of this chapter as reflected in Section 17.68.010 (Purpose); and
2.
The action proposed will not be detrimental to a structure or feature of significant aesthetic, cultural, architectural, or engineering interest or value of a historic nature; or
3.
The applicant has demonstrated that the action proposed is necessary to correct an unsafe or dangerous condition on the property; or
F.
G. - The applicant has demonstrated that denial of the application will result in immediate or substantial hardship and is entitled to a hardship waiver pursuant to Section 17.68.140 (Hardship waivers).
The planning commission may continue action on its review of a historic site alteration permit application for two meetings, not to exceed fifty-five (55) days from the date of the public hearing for the purpose of reaching a mutually acceptable solution in keeping with the criteria of this chapter. If at the end of that time an acceptable solution has not been achieved, the application shall be finally granted or denied.
Upon approval of an application, a historic site alteration permit shall be issued, one copy of which shall be forwarded to the applicant, one copy of which shall be retained in the files of the planning commission and one copy of which shall be forwarded to the building inspector. In addition, a copy shall be forwarded to any other department or agency requesting it or which the planning commission believes will be affected by the permit.
H. The applicant or any other interested party shall have the right of appeal to the city council pursuant to Section 17.140.030 (Appeals of planning commission action).
I.
J.
During the appeal period, the city council, with the advice and assistance of the planning commission, may consult with civic groups, public agencies, and interested citizens, obtain recommendations for acquisition of property by public or private bodies or agencies, explore the possibility of moving one or more structures or other features, or any other steps deemed necessary.
The planning commission may approve a permit if the applicant presents facts clearly demonstrating to the satisfaction of the planning commission at the public hearing that failure to receive such approval will cause an immediate and substantial hardship and is entitled to a hardship waiver pursuant to Section 17.68.160 (Hardship waivers). Historic Paint Color Review Permit
K.
1.
Pre-approved paint colors in the historic district shall be as provided in the historic color palette adopted by city council resolution and as may be amended by the planning commission by resolution and with a duly noticed public hearing. - When the proposed material change is limited to a change of paint color alone, the applicant shall apply for a historic paint color review permit in accordance with the provisions of Section 17.88.010 of this Title, “Administrative permits.”
3.
4.
5.
To approve a historic paint color review permit, the city planner shall make all of the following findings for approval:
a. The proposed color(s) is consistent with the adopted historic color palette; and
b. The proposed color(s) will maintain the intent of this chapter and the overall appearance of the historic district; and
c. The proposed color(s) will not result in a detrimental change as defined in this section.
If the city planner determines that the proposed color(s) is inconsistent with the adopted historic color palette, the application shall be forwarded to the historic delegates and planning commission for public hearing in accordance with the process outlined in paragraphs (C) through (J) of this Section.
Any determination of the city planner on a historic paint color review permit can be appealed as provided in Section 17.140.020 of this Title, “Appeals of administrative action.” - Any new paint over exposed brick or unpainted wood shall be forwarded to the planning commission as a historic site alteration permit and be processed in accordance with the provisions of paragraphs (C) through (J) of this Section, notwithstanding paragraph (K)(2) of this Section.
- When the proposed material change includes but is not limited to a change of paint color, all proposed material changes shall be included in a historic site alteration permit application and be processed in accordance with paragraphs (C) through (J) of this Section.
SECTION II: FINDINGS: Because there is not substantial evidence, in light of the whole record before the City, that this ordinance would have a significant impact on the environment, the City Council has determined that this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to pursuant to CEQA Guidelines Section 15301, Existing Facilities, Section 15331, Historical Resource Restoration/Rehabilitation; 15332, In-Fill Development Projects; and Section 15061(b)(3), the “common sense exemption.”
SECTION III: CONSTITUTIONALITY: If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase of this ordinance irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases be declared unconstitutional.
SECTION IV: NOTICE AND EFFECTIVE DATE: This ordinance shall become effective thirty (30) days after its passage, and within fifteen (15) days after its adoption a summary of it shall be published in the Mt. Shasta Daily Herald, printed and published in Siskiyou County.
PASSED AND ADOPTED this 4th day of December 2025, the foregoing ordinance was duly introduced at a regular meeting of the City of Dunsmuir City Council held on November 20, 2025, and thereafter passed and adopted by the City of Dunsmuir City Council on December 4, 2025, by the following vote:
AYES: Lucchesi, Bryan, Hubbard, Sebring, Clarno
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Michael Clarno, Mayor
Wendy Perkins, City Clerk
Publication Dates: 12/16/2025
