This Chapter provides procedures for the identification, protection, enhancement, perpetuation and use of buildings, structures, signs, objects, features, sites, places, areas, districts, neighborhoods, streets, works of art, natural features, and significant permanent landscaping, that have special historical, archaeological, cultural, or architectural value in the City that will allow development to proceed while maintaining historic resources.
(Ord. 3677 § 1, 2004; Ord. 2020-014 § 31)
A. 
Relationship to CEQA. Decisions by the City in compliance with this Chapter are "discretionary" and relate to "discretionary projects" as these terms are used in the California Environmental Quality Act (CEQA). Any permit, including a Building Permit, or other City approval that would authorize any change in the exterior of any proposed or designated landmark, or the exterior of any structure, building or significant feature within a designated or proposed preservation district, is a discretionary permit or approval within the meaning of CEQA, except as otherwise allowed or directed by the State of California.
B. 
Exceptions. Exceptions to the provisions of this Chapter in cases of dangerous conditions or economic hardship may be granted in compliance with Section 20-58.070 (Exceptions).
C. 
Design guidelines. See Section 4.7 (Historic Properties and Districts) of the City's Design Guidelines in addition to the requirements of this Chapter.
D. 
Review materials:
1. 
Processing Review Procedures for Owners of Historic Properties.
2. 
Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (2017 Revision).
(Ord. 3677 § 1, 2004; Ord. 3942 § 2, 2010; Ord. 3955 § 2, 2010; Ord. 2020-014 § 32)
Definitions of the technical terms and phrases used in this Chapter may be found in Division 7 (Glossary), under "Historic and Cultural Preservation."
(Ord. 3677 § 1, 2004)
The appointment, responsibilities, and other aspects of the Cultural Heritage Board, hereafter referred to in this Chapter as the "CHB," shall comply with Section 20-60.070 (Cultural Heritage Board).
(Ord. 3677 § 1, 2004)
A. 
Landmark defined. A landmark is any site, including significant trees or other significant permanent landscaping located on a site, and/or a place, building, structure, street, street furniture, sign, work of art, natural feature or other object having a specific historical, archaeological, cultural or architectural value in the City and which has been designated a landmark by the Council.
B. 
Preservation district defined. A preservation district is an area within the City having historical significance or representing one or more architectural periods or styles typical to the history of the City, that has been designated a preservation district by the Council.
C. 
Initiation or termination of designation. A rezoning (Chapter 20-62) to designate a landmark or preservation district, or to repeal or modify a landmark or preservation district designation, may be initiated by resolution of the CHB, the Council, the Commission, or by property owner application.
1. 
The application shall include the forms other information required by the CHB, to ensure the fullest practical presentation of the facts for proper consideration of the application.
2. 
Where the initiation is by the CHB, Commission, or Council, the Department shall collect and compile the data and information that otherwise would have been required with an application.
3. 
Once the information has been compiled, the initiating resolution shall be processed in the same manner as an application that has been determined to be complete.
A proposal or application to terminate or modify a landmark or preservation district designation shall be processed under the same rules and procedures required to designate a landmark or preservation district.
D. 
CHB review. The CHB shall review the application, the site and its surroundings, and any related information, to ensure that the decision of the CHB in response to the proposal will be consistent with the intent and purposes of this Chapter. The review may be conducted by members of the CHB or the Director.
E. 
Public notice and hearing. Upon completion of the review required by Subsection D, and completion of an environmental determination by the Environmental Coordinator, the matter shall be set for public hearing before the CHB. Public notice shall be provided, and the hearing shall be conducted, in compliance with Chapter 20-66 (Public Hearings). The member of the CHB presiding at a hearing is empowered to administer oaths to any person testifying, if deemed desirable under the circumstances.
F. 
CHB decision. The CHB may, by resolution, recommend to the Council the approval or denial of a proposed designation as follows.
1. 
Approval of designation. The CHB may recommend to the Council that:
a. 
A specific site, place, building, structure, street, street furniture, sign, work of art, natural feature or other object be designated a landmark, if the CHB first finds that the feature to be designated has specific historical, archaeological, cultural or architectural value in the City and that the purposes of this Chapter would be furthered by the designation; or
b. 
An area of the City be designated a preservation district, if the CHB first finds that the proposed area has historical significance or represents one or more architectural periods or styles typical to the history of the City and that the purposes of this Chapter would be furthered by the designation.
2. 
Denial of designation. The CHB may recommend to the Council that an application or proposal to designate a landmark, or a preservation district, be denied based upon the evidence presented, or lack thereof.
G. 
Council hearing. The Council shall schedule a public hearing on a proposed landmark or preservation district designation upon receipt of a recommendation from the CHB. Notice shall be given, and the hearing shall be conducted, in compliance with Chapter 20-66 (Public Hearings). Following the closing of the hearing, the Council, based upon the information presented, shall act on the CHB recommendations by either making the recommended designation, in whole or in part, or denying the application or proposal.
H. 
Council decision. A landmark or preservation district shall be designated by the Council through the rezoning of the site to apply the Historic (-H) combining district (Section 20-28.030), in compliance with Chapter 20-64 (Amendments).
1. 
A copy of the ordinance designating a landmark or preservation district shall be sent to the landmark owners, or all owners of property within the preservation district, as applicable, in compliance with Subsection D.
2. 
A denial by the Council shall preclude reconsideration of the proposal for a period of one year from the date of the denial, unless the denial was specifically made without prejudice to the filing of a new application or proposal at any time.
I. 
Notice of designation. Notice of the designation of a landmark or preservation district shall be transmitted by the City Clerk to the CHB, the Department, and the Parks and Recreation, Fire, and Public Works Departments, the City Manager, the City Housing Authority, the Sonoma County Assessor, the Sonoma County Recorder, and any other interested Departments and governmental and civic agencies.
1. 
Each City department and division shall make note of the landmark or preservation district designation, so that future City decisions (including any approvals) regarding or affecting any designated landmark, or structure within a preservation district, will be made with the knowledge of the designation and in compliance with the applicable procedures of this Chapter.
2. 
Whenever any project to be carried out by the City may have an impact on a designated landmark or within a preservation district, reasonable notice shall be given to the CHB by the City department or division responsible for the project, so that the CHB can review and make recommendations concerning the project early in the decision-making process.
J. 
Effective date of designation. The provisions of this Chapter regulating landmarks and preservation districts shall apply from the effective date of the rezoning to apply the Historic (-H) combining district to the site, and shall become inapplicable only as of the effective date of a rezoning to remove the Historic (-H) combining designation.
K. 
Duty to maintain.
1. 
Each person in possession or control and every owner of a landmark and any appurtenant premises shall maintain and keep in good repair the exterior of the landmark and premises. Good repair is defined as the level of maintenance and repair that clearly insures the continued availability of the landmark and premises for lawful reasonable uses and prevents deterioration, dilapidation and/or decay of the landmark and premises.
2. 
Each person in possession or control and every owner of property located within a designated Preservation District shall maintain and keep in good repair the exterior of any structure, building and premises located within the district. Good repair is defined as that level of maintenance and repair which clearly insures the continued availability of the structures, buildings and premises for lawful reasonable uses and prevents deterioration, dilapidation and decay of the structures, buildings and premises.
(Ord. 3677 § 1, 2004)
A. 
Applicability.
1. 
Landmark Alteration Permit required. No person shall restore, rehabilitate, alter, develop, construct, demolish, remove or change the exterior appearance of any designated landmark, or any structure, building or significant feature within a preservation district without having obtained a Landmark Alteration Permit in compliance with this section.
2. 
Exemptions from permit requirement. A Landmark Alteration Permit is not required for:
a. 
Repairs of existing siding or trim materials that are determined by the Director to match the original design and materials;
b. 
Repainting, even when it includes a color change, unless the repainting is for the purpose of creating signage for the building;
c. 
Installation of rain gutters or downspouts;
d. 
Installation of skylights on areas of the roof that are not visible from the public right-of-way;
e. 
Installation of a window air conditioning unit, on a side or rear elevation only;
f. 
Demolition or removal of a non-historic building;
g. 
Re-roofing a house with materials determined by the Director to be similar to the original era;
h. 
Replacement windows and doors that are determined by the Director to match the original design and materials;
i. 
Solar panels, and integral parts of the solar panel system including supporting posts or poles, not including proposed new structures, such as a carport or other similar structures proposed in conjunction with the solar panel system. If proposed solar panels would have the possibility of creating a life or safety issue, such as excessive glare to local residences, sensitive facilities (airport) or water resources, the solar panels shall require a Minor Use Permit or Conditional Use Permit depending on the severity of the issues; or
j. 
Modifications to structures that are identified as non-contributors to their respective preservation district, if changes are not readily visible from other properties.
B. 
Application requirements. Landmark Alteration Permit application preparation, filing, and processing shall comply with all applicable requirements of Chapter 20-50 (Permit Application Filing and Processing).
C. 
Review authority. A Minor Landmark Alteration Permit may be approved or denied by the Zoning Administrator. A Major Landmark Alteration Permit may be approved or denied by the CHB. Design Review may also be required.
1. 
Minor Landmark Alteration Permit. A Minor Landmark Alteration Permit shall be required for the following, and similar activities as determined by the Director:
a. 
Minor building renovation or restoration involving the repair or replacement of broken or damaged materials;
b. 
Alteration of or addition to the side or rear of a building in a location not readily visible from a public street;
c. 
Installation of roof ventilators or skylights, only on a side or rear elevation;
d. 
Installation of new landscaping features and site features including fences, walkways, decks, etc. A fence higher than otherwise allowed by Section 20-30.060 (Fences, walls, and screening) shall require Major Landmark Alteration Permit approval, in addition to a Minor Use Permit or Variance; or
e. 
An accessory structure, including a garage, carport, storage shed, or other small building, in compliance with all other applicable requirements of this Zoning Code.
2. 
Major Landmark Alteration Permit. A Major Landmark Alteration Permit shall be required for the following, and similar activities as determined by the Director:
a. 
Major renovation or restoration involving an entire façade or building;
b. 
Substantial alterations to an existing structure that do not match the original design;
c. 
Removing or enclosing an existing porch or adding a new porch;
d. 
Substantial additions, for example, adding a second story to a one-story house;
e. 
The construction of a new primary dwelling;
f. 
Demolition or removal of an existing historic building;
g. 
A fence that also requires a Conditional Use Permit or Variance; or
h. 
A project involving historic resources that will be approved by the Design Review Board or Commission.
3. 
Design Review. Design Review is required for any project of 10,000 square feet or larger within the -H combining district, as follows:
a. 
Concept review. Prior to the submittal of Design Review and Landmark Alteration Permit applications, concept review shall be conducted in a joint meeting of the CHB and DRB. The purpose of the concept review is to provide both applicant and boards with clear design direction:
(1) 
The CHB shall identify the character defining elements of the historic district and surrounding neighborhood; and
(2) 
The DRB shall provide direction for design elements consistent with the Design Guidelines and applicable specific plans.
b. 
Design Review. Preliminary Design Review shall be acted upon solely by the DRB in accordance with Chapter 20-52.
c. 
Landmark Alteration Permit. The Landmark Alteration Permit shall be acted upon solely by the CHB in accordance with Subsection D. This review will focus on how successfully project design integrates with the historic district and neighborhood based on direction provided and character defining elements identified by the CHB during concept review.
D. 
Hearing and decision.
1. 
Major Landmark Alteration Permit. The CHB shall schedule a hearing on an application for a Major Landmark Alteration Permit after the completion of the environmental determination on the proposed project, or the certification of an Environmental Impact Report. Notice shall be provided, and the hearing shall be conducted in compliance with Chapter 20-66 (Public Hearings).
2. 
Minor Landmark Alteration Permit.
a. 
Public notice. Before a decision on a Minor Landmark Alteration Permit, the Department shall provide notice in compliance with Chapter 20-66 (Public Hearings); provided that the notice shall state that the Zoning Administrator will decide whether to approve or disapprove the Minor Landmark Alteration Permit application on a date specified in the notice, and that a public hearing will beheld only if requested in writing by any interested person before the date specified for the decision.
b. 
Hearing. If a hearing is requested, notice of the hearing shall be provided, and the Zoning Administrator shall conduct the hearing, in compliance with Chapter 20-66.
E. 
CHB actions on Major Landmark Alteration Permits.
1. 
Application to restore, alter or change. When the application is to restore, rehabilitate, alter, develop, construct, or change the exterior appearance of any landmark, or any structure, building or significant feature within a preservation district, the CHB, based upon the evidence presented and the criteria for decisions in Subsection G, may, by resolution, approve, conditionally approve, or deny the application.
2. 
Application to demolish or remove. When the application is to demolish or remove any landmark, or any structure, building or significant feature within a preservation district, the CHB, based upon the evidence presented and the criteria for decisions in Subsection G, may, by resolution, approve, conditionally approve, or deny the proposed demolition or removal. The decision of the CHB to deny a proposed demolition or removal may be appealed to the Council in compliance with Chapter 20-62(Appeals).
F. 
Criteria for decision. The review authority shall consider the following criteria to the extent applicable, in determining whether to grant or deny a Landmark Alteration Permit:
1. 
The proposed changes are consistent with applicable zoning standards except as directed by Zoning Code Section 20-12.020;
2. 
Whether the proposed change implements the General Plan and any applicable specific plan;
3. 
The consistency of the proposed change with the original architectural style and details of the building;
4. 
The compatibility of the proposed change with any adjacent or nearby landmark structures or preservation district structures that have been identified as contributors to the respective district;
5. 
The consistency and/or compatibility of the proposed textures, materials, fenestration, decorative features and details with the time period of the building's construction;
6. 
Whether the proposed change will destroy or adversely affect important architectural features;
7. 
Consistency with applicable Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (2017 Revision); and
8. 
Other matters, criteria and standards as may be adopted by resolution of the CHB.
G. 
Notice of decision. A copy of the CHB resolution documenting its decision shall be provided to the applicant.
(Ord. 3677 § 1, 2004; Ord. 3968 §§ 18, 19, 2011; Ord. 2017-024 § 8; Ord. 2020-014 § 33)
A. 
Dangerous condition. The provisions of this chapter shall not prevent any construction, removal or demolition determined by the Building Official to be immediately necessary to correct an unsafe and dangerous condition, as identified and declared in writing by the Building Official, of any structure or building which has been designated a landmark or which is located within a Preservation District. Only the work that is determined by the Building Official to be necessary to correct the dangerous and unsafe condition may be performed in compliance with this Section. In the event that any designated landmark or any structure or building within a Preservation District is damaged by fire or other calamity to such an extent that, in the written determination of the Building Official, it cannot feasibly be repaired or restored, it may be demolished in compliance with normal Building Permit procedures and applicable laws and regulations.
B. 
Economic hardship. If the owner of a property that has been designated, or is proposed for designation as a landmark, or that is situated within a designated or proposed preservation district, believes that the burdens associated with the designation will cause an unreasonable economic hardship on their ownership and use of the property, the owner may apply to the CHB for a certificate of economic hardship to alter, remove, or demolish the landmark or the improvements within a preservation district.
1. 
Application requirements. An application for a certificate of hardship shall identify the landmark or proposed landmark or structure, building or significant feature within a designated or proposed Preservation District, describe what the owner wishes to do with the same, and shall include the following information:
a. 
An estimate of the cost of the proposed construction, alteration, demolition or removal and an estimate of the cost that would be incurred to comply with the provisions of this chapter;
b. 
A report from a licensed structural engineer or architect with experience in rehabilitation as to the structural soundness of any existing structures on the property and their suitability for rehabilitation;
c. 
The estimated value of the property in its current condition; after completion of the proposed construction, alteration, demolition or removal; and in the case of a proposed demolition, after renovation of the existing property for continued use;
d. 
In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or re-use of the existing structures on the property;
e. 
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 of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and the buyer;
f. 
If the property is income producing, the annual gross income from the property for the previous two years; itemized operating and maintenance expenses for the previous two years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period;
g. 
The remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years;
h. 
All appraisals obtained within the previous two years by the owner or applicant in connection with any actual or contemplated purchase, financing or sale of the property;
i. 
Any listing of the property for sale or rent, including the rent or price asked and offers received, if any, within the previous two years;
j. 
Assessed value of the property according to the most recent assessment;
k. 
The form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, listed partnership, joint venture or other;
l. 
Any other information considered necessary by the CHB to make a determination as to whether the property does yield or may yield a reasonable return to the owners;
m. 
Any other information considered relevant by the owner on the issue of economic hardship.
2. 
Determination of economic hardship. The CHB shall review all evidence and information required of an applicant for a certificate of economic hardship and make a determination, by resolution, within 60 days of the completion of the environmental review of the application, as to whether the denial of a certificate of economic hardship would deprive the owner of the property of the reasonable use of, or economic return on, the property. If the CHB determines that a denial of the certificate would so deprive the property owner, then the CHB shall, by resolution, issue the requested certificate subject to the fulfillment of such feasible mitigation measures as are set forth in the environmental documents for the proposed project. The CHB may solicit expert testimony on these issues, but may not incur costs in this regard without the prior appropriation of funds by the Council.
(Ord. 3677 § 1, 2004; Ord. 3955 § 2, 2010)
Any person aggrieved by a decision of the Zoning Administrator or CHB in compliance with this Chapter may appeal the decision in compliance with Chapter 20-62 (Appeals). An appeal shall be processed in compliance with Chapter 20-62.
(Ord. 3677 § 1, 2004)
A. 
Civil actions. At the request of the Zoning Administrator, the CHB, or the Council, the City Attorney may file and maintain a civil action for injunctive relief to prohibit or enjoin any violation, or threatened violation of the provisions of this Chapter, and/or to compel the correction of any violation of this Chapter.
B. 
Violation. Every person who violates any provision of this Chapter is guilty of a misdemeanor.
(Ord. 3677 § 1, 2004)