(a) 
For landmarks or properties within an historic district, no person shall alter, restore, demolish, remove, or relocate any exterior improvement or architectural feature that is either a contributing characteristic of the resource or visible from any public right-of-way; or alter, restore, place, erect, remove, or relocate any permanent sign visible from a public right-of-way; or alter, restore, place, erect, remove, or relocate any interior characteristic that was identified as contributing during the designation without being granted a certificate of appropriateness, except as provided under Article 7 of this chapter. Approval of such work shall be required even if no other permits or entitlements are required by the City.
(b) 
For potential historic resources, no person shall demolish, remove, or relocate any exterior improvement or architectural feature that is either a contributing characteristic of the resource or visible from any public right-of-way without being granted a certificate of appropriateness, except as provided under Article 7 of this chapter. Approval of such work shall be required even if no other permits or entitlements are required by the City.
(c) 
Minor alterations. The Commission may, by resolution, adopt a list of those types of alterations that are subject to approval of a certificate of appropriateness that are deemed to be "minor" in nature. The Commission may modify the list of minor alterations from time to time by resolution as circumstances warrant. Applications for certificates of appropriateness involving only minor alterations shall be reviewed pursuant to procedures in Section 10-4.402(e).
(§ 2, Ord. 2554 c.s., eff. August 31, 1989, as amended by § 3, Ord. 2740 c.s., eff. March 23, 1995, and § 9, Ord. 2933 c.s., eff. June 3, 2004)
The following procedures shall be followed in processing applications for certificates of appropriateness.
(a) 
Application. An application shall be filed by the applicant with the Preservation Commission.
(b) 
Application materials. Such application shall be accompanied by such materials as are required by the Commission and the Community Development Department that are reasonably necessary for the proper review of the proposed project.
(c) 
Noticing.
(1) 
Minor alterations. No public noticing shall be required for applications for certificates of appropriateness involving only minor alterations.
(2) 
All applications other than minor alterations. For applications involving other than minor alterations, public notice shall be provided as determined by resolution of the Preservation Commission. Such resolution shall include at a minimum that where the property is part of an historic district there shall be mailed notice not less than 10 days prior to the date of such hearing to persons owning all other properties within the historic district.
(d) 
Economic hardship. In cases where the applicant intends to seek approval on the basis of economic hardship, the following material shall be submitted as part of the application:
(1) 
For all property:
a. 
Form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture, or other method;
b. 
The amount paid for the property, the date of purchase and the party from whom purchased, including a description of the relationship, if any, between the owner and the person from whom the property was purchased;
c. 
Remaining balance on any mortgage or other financing secured by the property;
d. 
Estimated market value of the property both in its current condition, and after completion of the proposed demolition, relocation, or removal, to be presented through an appraisal by a qualified professional expert;
e. 
A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of the structure and its suitability for rehabilitation;
f. 
An estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional experienced in rehabilitation as to the economic feasibility or reuse of the existing structure on the property;
g. 
The assessed value of the land and improvements thereon according to the two most recent assessments;
h. 
Real estate taxes for the previous two years;
i. 
Annual debt service, if any, for the previous (2) two years;
j. 
All appraisals obtained within the previous two years by the owner or applicant in connection with his purchase, financing or ownership of the property;
k. 
All listing of the property for sale or rent, price asked and offers received, if any; and
i. 
Any consideration by the owner as to profitable adaptive uses for the property.
ii. 
For income-producing property:
A. 
Annual gross income from the property for the previous two years;
B. 
Itemized operating and maintenance expenses from the previous two years;
C. 
Annual cash flow, if any, for the previous two years.
(e) 
Review of applications involving minor alterations. Applications for certificates of appropriateness involving only minor alterations shall be reviewed by the Minor Alterations Subcommittee of the Commission, subject to the following provisions:
(1) 
The Minor Alterations Subcommittee shall complete its review and mail notice to the applicant of its decision to approve or conditionally approve the application or to forward the application to the Preservation Commission for a decision. The notice of decision shall state the findings and reasons relied upon in reaching the decision.
(2) 
Decisions of the Minor Alterations Subcommittee to approve or conditionally approve an application must be by an affirmative vote of all members of the Subcommittee present. If there are any dissenting votes the application shall automatically be forwarded to the Preservation Commission for a decision unless the application is withdrawn by written request of the applicant.
(3) 
Where the decision of the Subcommittee is to conditionally approve the application, the decision of the Subcommittee shall be final and conclusive unless, within 10 days of the date of notice of the decision, the applicant files with the Planning Division a written appeal setting forth all the points of disagreement with the Subcommittee.
(4) 
Where the application has been forwarded or appealed to the Preservation Commission, the application shall be heard by the Commission at its next available regular, special, or additional meeting. Decisions of the Commission shall be in writing and shall state the findings and reasons relied upon in reaching the decision.
(f) 
Review of other applications. Applications for certificates of appropriateness other than for minor alterations shall be reviewed by the Preservation Commission, subject to the following provisions:
(1) 
Decisions of the Commission shall be in writing and shall state the findings and reasons relied upon in reaching the decision.
(2) 
For applications for all work, the Commission shall decide to approve, approve with conditions, or deny a certificate of appropriateness.
(3) 
For applications seeking approval on the basis of a finding of economic hardship, the Commission shall first review the application on the basis of criteria contained in Sections 10-4.403(a) through (d) and/or 10-4.404(d)1. If the applicable conditions are determined to not exist, then the application shall be reviewed on the basis of the criteria contained in Sections 10-4.403(e) and/or 10-4.404(d)(2).
(§ 2, Ord. 2554 c.s., eff. August 31, 1989, as amended by § 4, Ord. 2740 c.s., eff. March 23, 1995, § 11, Ord. 2933 c.s., eff. June 3, 2004, and § 1, Ord. 3108 c.s., eff. February 8, 2013)
The Minor Alterations Subcommittee, Commission, or the City Council upon appeal, shall issue a certificate of appropriateness only when it determines the following conditions to exist as applicable in each case:
(a) 
In the case of a landmark, the proposed work (other than demolition or removal):
(1) 
Conforms to the prescriptive standards adopted by the Commission; and
(2) 
Will not detrimentally alter, destroy or adversely affect any exterior improvement or exterior architectural feature; and
(3) 
Will retain the essential elements that make the resource significant.
(b) 
In the case of all properties located within an historic district, the proposed work (other than demolition or removal):
(1) 
Conforms to the prescriptive standards adopted by the Commission; and
(2) 
Will not adversely affect the character of the district.
(c) 
In the case of properties supporting contributing buildings within an historic district, the proposed work (other than demolition or removal):
(1) 
Will not detrimentally alter, destroy, or adversely affect any exterior improvement or exterior architectural feature; and
(2) 
Will retain the essential elements that make the resource significant.
(d) 
In the case of construction of a new building, structure, or improvement on a site where a landmark is located or on a property within an historic district:
(1) 
The exterior of such improvements will not adversely affect and will be compatible with the external appearance of the existing designated improvements, buildings and structures on such site or within such district.
(e) 
In the case where the applicant has requested consideration for approval on the basis of economic hardship:
(1) 
It is not feasible to remove the resource to another site or otherwise preserve it; and
(2) 
The denial of the proposed work will work an immediate and substantial hardship on the applicant because of condition peculiar to the particular improvement; and
(3) 
The property cannot be put to a reasonable use or the owner cannot obtain a reasonable economic return therefrom without approval of the proposed work.
(§ 2, Ord. 2554 c.s., eff. August 31, 1989, as amended by § 5, Ord. 2740 c.s., eff. March 23, 1995, and §§ 12, 13, Ord. 2933 c.s., eff. June 3, 2004)
(a) 
Discretionary review of demolition permits. The demolition of a historic landmark, buildings in a historic district, or potential historic resource as described by this chapter is considered to be a discretionary permit and subject to the California Environmental Quality Act (CEQA) and Permit Streamlining Act. Therefore, a demolition permit shall not be issued pursuant to Title 9, Chapter 17, until the requirements of Article 4 herein have been met.
(b) 
Demolition review and conditions.
(1) 
The demolition of a landmark, structure located within an historic district, or potential historic resource shall be referred to the Commission for review and conditions.
(2) 
Where appropriate, the Commission may require that a memorial of the resources be incorporated into the proposed redevelopment of the site. Some examples are a photographic display, a book or pamphlet, an exhibit, re-use of original fixtures, and other methods deemed appropriate by the Commission.
(c) 
Concurrent processing of demolition permits and replacement plans.
(1) 
No permit to wholly or partially demolish, remove or relocate a historic landmark, building in a historic district, or potential historic resource shall be considered unless accompanied by complete applications for approvals necessary for the proposed new construction on the site.
(2) 
A demolition permit may not be issued until the building permit for the replacement structure is issued.
(3) 
Staff may refer the request for the replacement structure to the Commission for advisory direction.
(4) 
Exceptions may be granted to this section when compelled by public safety due to eminent hazard as determined by the Chief Building Official.
(d) 
Criteria for approval of certificates of appropriateness. The Commission, or the City Council upon appeal, shall issue a certificate of appropriateness only when it determines the following conditions to exist as applicable in each case:
(1) 
In the case of the whole or partial demolition or removal of a landmark or structure located within an historic district:
a. 
The structure and/or site is a hazard to public health or safety and repairs or stabilization are not physically possible; or
b. 
The site is required for a public use which will be of more benefit to the public than the historic resource, and there is no feasible alternative location for the public use; or
c. 
Removal of the resource to another site is not feasible or practical; or
d. 
For a building in an historic district, the proposed replacement structure will not detract from or adversely affect the character of the historic district; or
e. 
For a partial demolition or removal, such action will not result in the loss of the essential elements that make the resource significant.
(2) 
In the case where the applicant has requested consideration for approval of whole or partial demolition or removal on the basis of economic hardship:
a. 
It is not feasible to remove the resource to another site or otherwise preserve it; and
b. 
The denial of the proposed work will work an immediate and substantial hardship on the applicant because of condition peculiar to the particular improvement; and
c. 
The property cannot be put to a reasonable use or the owner cannot obtain a reasonable economic return therefrom without approval of the proposed work.
(§ 14, Ord. 2933 c.s., eff. June 3, 2004, as amended by § 1, Ord. 3102 c.s., eff. February 8, 2013, and Ord. 3305-25 c.s., eff. November 13, 2025)
A certificate of appropriateness shall lapse and become void 36 months (or shorter period if specified as a condition of approval) from the date of final approval, unless a building permit (if required) has been issued and the work authorized by the Certificate has commenced prior to such expiration date and is diligently pursued to completion. Upon request of the property owner, a Certificate of Appropriateness may be extended by the Preservation Commission for an additional period of up to 12 months. The Preservation Commission may approve, approve with conditions, or deny any request for extension.
(§ 2, Ord. 2554 c.s., eff. August 31, 1989, as amended by §§ 14, 15, Ord. 2933 c.s., eff. June 3, 2004)
A Certificate of Appropriateness may be revoked or modified for reasons of: (1) noncompliance with any terms or conditions of the Certificate; (2) noncompliance with any provisions of this chapter; or (3) a finding of fraud or misrepresentation used in the process of obtaining the Certificate. Revocation proceedings may be initiated by motion of the Preservation Commission or City Council. Once revocation proceedings have been initiated, all work being done in reliance upon such Certificate or associated permits shall be immediately suspended until a final determination is made regarding the revocation. The decision to revoke a Certificate of Appropriateness shall be made by the Preservation Commission following a public hearing, with written notice provided to the property owner at least 10 days prior thereto.
(§ 2, Ord. 2554 c.s., eff. August 31, 1989, as amended by § 14, Ord. 2933 c.s., eff. June 3, 2004)