A. 
To provide various levels of historic protection and review, to preserve existing elements of Landmark and historic resources, and to recognize heritage resources. The City's intent is to be lenient in its judgment of plans for structures which have little or no historic value, or of plans for new construction, unless such plans would impair the historic or architectural value of surrounding structures.
B. 
Provide for a Certificate of Appropriateness intended to protect structures, improvements, natural features, and objects of historic significance, including, but not limited to, areas of architectural, cultural, historic, economic, political, and social importance from the adverse effects of any alteration, demolition, or removal.
(Ord. 1670(19) § 11)
A. 
When Required. A Certificate of Appropriateness is required for the following activity:
1. 
The exterior alteration, demolition, removal or relocation of any individual Landmark or historic resource, or potential historic resource, by the City, any agent of the City, or a private party. A historic resource includes the following:
a. 
Designated landmarks;
b. 
A property or structure listed in Table 4 (Historic Structures and Places in Study Area) of the 1988 Cultural Resources Study unless the property is removed from this list in accordance with Subsection A.2; or
c. 
A property or structure or potentially eligible for registration on a local, State, or national register.
2. 
Removal of property or structure from Cultural Resources Study.
a. 
Application. The property owner may request that the property or a structure on the property be removed from Table 4 (Historic Structures and Places in Study Area) of the 1988 Cultural Resources Study by filing an application, which shall be submitted and processed in compliance with Chapter 17.504 (Application Processing Procedures).
b. 
Public hearing. The Commission shall conduct a public hearing on the application in compliance with Chapter 17.608 (Public Hearing and Noticing).
c. 
Finding and decision. The review authority shall approve the application if it finds that:
(i) 
The property or structure is not registered on a local, State or national register; and
(ii) 
The property or structure lacks sufficient architectural, cultural, historic, economic, political, and social importance to justify protecting the property or structure through the requirements outlined in this Chapter.
d. 
Effect of removal. Removal of a property or structure from Table 4 (Historic Structures and Places in Study Area) of the 1988 Cultural Resources Study shall have no effect on whether the property or structure meets the requirements in Subsection A.1.a or A.1.c of this Section.
B. 
Exceptions. The following activities do not require approval of a Certificate of Appropriateness:
1. 
Alteration, demolition, removal, or relocation of a heritage resource.
2. 
Painting, routine maintenance, or minor repair, as determined by the Director to be consistent with existing colors and materials and not to have an adverse effect on the integrity of historic resource, including:
a. 
Windows and doors.
(i) 
Re-glazing windows;
(ii) 
Repairs to existing windows and doors;
(iii) 
Replacement of existing incompatible window or doors with more historically appropriate windows or doors; or
(iv) 
In kind replacement of windows and doors on side and rear façades not readily visible from public right-of-way.
b. 
Flat work and landscaping.
(i) 
Repairing or repaving of flat concrete work in the side and rear yards that is not considered a character defining feature of the historic resource;
(ii) 
In kind repaving of existing front yard paving, concrete work, and walkways;
(iii) 
Landscaping unless the designation specifically identifies the landscape layout, features, or element as having particular historical, architectural or cultural significance;
(iv) 
Construction, repair, demolition, or alterations to side and rear yard fences;
(v) 
Construction, repair, demolition, or alterations to other structures on the property not determined to qualify as historic or landmark structures; or
(vi) 
Minor changes to front and street side fences.
c. 
Roofing work, if there is a minimal change in roof structure and exterior appearance, and colors and materials used are consistent with those previously used, and the integrity of the resource is preserved.
d. 
Foundation work, if there is a minimal change in exterior appearance, the integrity of the resource is preserved, and any increase in building height is less than six inches.
e. 
Chimney work, if consistent colors and materials are used and there is minimal change in appearance, and the integrity of the resource is preserved.
f. 
Repair of exterior siding, if consistent in material, size, and orientation to existing or proven historic siding.
3. 
Alterations to the interior of a structure that do not have the possibility of adversely affecting the integrity of the historic resource.
(Ord. 1670(19) § 11; Ord. 1705(23) § 4)
An application for a Certificate of Appropriateness shall be prepared, filed, and processed in compliance with Chapter 17.504 (Application Processing Procedures) and this Chapter.
(Ord. 1670(19) § 11)
A. 
Review Authority.
1. 
Director review. Site modifications that are small in magnitude (e.g., minor fencing, hardscape, landscape, lighting, minor accessory structures, signs, and streetscape improvements) and minor structure modifications that do not involve new construction, additions to existing structures, or demolition of existing structures shall be subject to review and approval or denial by the Director.
2. 
Commission review. All other modifications that do not meet the criteria for Director review as specified above shall be subject to review and approval or denial by the Commission.
B. 
Notice. Noticing for a Certificate of Appropriateness shall be provided in compliance with Chapter 17.608 (Public Hearings and Noticing); however, the notice for a Certificate of Appropriateness subject to Director review shall state the following:
1. 
The Director will decide whether to approve or deny the Certificate of Appropriateness on a date specified in the notice; and
2. 
A public hearing will be held only if requested in writing by any interested person before the specified date for the decision.
C. 
Public Hearing.
1. 
Commission review. The Commission shall conduct a public hearing on an application for a Certificate of Appropriateness. Public hearings shall be conducted in compliance with Chapter 17.608 (Public Hearings and Noticing).
2. 
Director review. If a public hearing is requested, the Director shall schedule the hearing which shall be noticed and conducted in compliance with Chapter 17.608 (Public Hearings and Noticing). If no public hearing is requested, the Director shall render a decision on the date specified in the public notice referred to in Subsection B, above.
(Ord. 1670(19) § 11)
The review authority shall approve, with or without conditions, a Certificate of Appropriateness only after the following findings are made:
A. 
Either: (1) the proposed work will neither adversely affect the significant architectural features of a historic resource nor adversely affect the character of the aesthetic, architectural, or historic interest or value of a historic resource and its site, or (2) a statement of overriding considerations has been adopted finding that the benefits of the proposed work outweigh the impact on historic resources;
B. 
The proposed project is consistent with the General Plan and any applicable specific plan;
C. 
The proposed project is consistent with the Code; and
D. 
If the proposed project is for a designated landmark, the proposed project is consistent with the approved maintenance program for the designated landmark.
(Ord. 1670(19) § 11)
Unless otherwise specified in this Chapter, the procedures and requirements in Chapter 17.552 (Permit Implementation, Time Limits, Extensions), Chapter 17.612 (Appeals), and Chapter 17.556 (Permit Modification and Revocation), shall apply following a decision on a Certificate of Appropriateness application.
(Ord. 1670(19) § 11)
None of the provisions of the Chapter shall be construed to prevent any alteration or 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 such conditions. Work shall be performed in compliance with the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, or current adopted version. However, only such work as is necessary to correct the unsafe or dangerous condition may be performed without compliance with this Section.
(Ord. 1670(19) § 11)
Any firm, corporation, or person, whether as principal, agent, employee, or otherwise violating or causing the violation of any of the requirements of this Chapter will be guilty of a misdemeanor, and conviction shall be punishable by a fine of not more than $1,000.00 or by incarceration in the County Jail for not more than six months, or by both the fine and incarceration. Any violation of these provisions constitutes a separate offence for each and every day during which the violation is committed or continued. In addition, any violation shall constitute a public nuisance and may be abated or enjoined from further operation, consistent with Chapter 17.628 (Property Nuisances). In addition to any other penalty provided by this Code, the demolition of any historic resource, as defined in Section 17.516.020, without a Certificate of Appropriateness shall result in a five-year stay in the issuance of a permit for any new construction at the site of the previous historic resource.
(Ord. 1670(19) § 11)