Prior ordinance history: Ords. O1999 31, O2000 4, O3001,
O3093, O4008, O4152 and O4076.
The City of Napa recognizes the benefits of identifying, protecting,
and enhancing the city's historic resources to reflect the city's
historical, architectural, archeological, cultural, and aesthetic
heritage. These benefits further implement important goals and policies
of the General Plan and Downtown Specific Plan, aid in promoting the
economic vitality of the city and its downtown, help to preserve and
enhance property values throughout the city, promote economic growth
through tourist trade and increased sales taxes, and enrich the cultural
and educational lives of all city residents. The development and maintenance
of historic resources helps to provide for a harmonious and compatible
relationship between new construction and historic structures and
preserves and encourages a city of varied architectural styles that
reflect the distinct phases of its cultural, social, economic, political
and architectural history, and serves to foster civic pride in the
beauty and character of the city.
This chapter may be referred to as the Historic Preservation
Ordinance. The Historic Preservation Ordinance furthers policies,
goals, and objectives identified in Chapter 6 of the city's General
Plan, "Historic Resources," and the Downtown Specific Plan, and is
intended to implement enabling state legislation as set forth under
California Government Code Section 37361. Additionally, this chapter
establishes local legislation to assist in carrying out the city's
duties in its capacity as a certified local government as required
by the state's Office of Historic Preservation and the National Park
Service.
The purpose of this chapter is to promote the general welfare
of the public through the following measures:
A.
Encourage
the identification, evaluation and protection of historic resources,
including types that have been underrepresented in the past such as
those associated with ethnic heritage, cultural landscapes, and the
recent past;
B.
Foster
appreciation and understanding of the city's heritage;
C.
Perpetuate
endemic traditions and craftsmanship in order to promote the retention
of Napa's intangible heritage;
D.
Retain
and enhance the visual character of the city by promoting the retention
of historic resources while encouraging new construction and infill
design that is compatible with the historic character; and
E.
Promote
economic viability through historic preservation.
(O2015-15, 12/15/15)
This section is intended to promote consistency in the application
and interpretation of this chapter. The meaning and construction of
words and phrases defined in this section shall apply throughout this
chapter, except where the context or use of such words or phrases
clearly indicates a different meaning or construction intended in
that particular case.
Means the construction of additional attached floor area
to an existing building.
Means any exterior change or modification, through public
or private action, of any historic resource including, but not limited
to, exterior changes to or modification of a building or structure,
architectural details or visual characteristics such as surface texture,
grading, surface paving, new structures, cutting or removal of trees
and other natural features, disturbance of archeological sites or
areas, and the placement or removal of any exterior objects such as
signs, plaques, light fixtures, street furniture, walls, fences, steps,
plantings and landscape accessories affecting the exterior visual
qualities of the property.
Means the removal or replacement of more than 30% of the
combined square footage of the exterior architectural features of
any historic resource, the removal of any portion of any historic
resource that is visible from a public way, the lifting of a historic
resource greater than six inches, or any construction on an historic
resource. Major alteration shall specifically exclude any ordinary
maintenance and repair.
Means any alteration that is not a major alteration.
Means the Chief Building Official of the City of Napa, or
a designee of the Chief Building Official or City Manager.
Means the classification for historic resources in the state's
inventory developed and adopted by the State of California Office
of Historic Preservation as set forth under the table established
in August of 2003, or as those codes may be amended or updated from
time to time by the State of California Office of Historic Preservation.
Means a certificate issued pursuant to this chapter to approve or conditionally approve work that requires approval of a certificate of appropriateness pursuant to Section 15.52.070. A certificate of appropriateness includes an administrative certificate of appropriateness (pursuant to Section 15.52.070(C)) or a Commission certificate of appropriateness (pursuant to Section 15.52.070(D)).
Means a local government that has been certified by the National
Park Service to carry out the purposes of the National Historic Preservation
Act, pursuant to Section 300302 of that Act and the regulations adopted
under the Act, which are set forth in Part 61 of Title 36 of the Code
of Federal Regulations.
For a listed resource or local landmark, the particular materials,
ornamentation and architectural features that together define the
historic character of the resource. For a local landmark district,
all resources, historic landscape features, infrastructure improvements
and related design components that together define the historic character
of the district.
Means the construction of a new building or structure, or
an addition with a floor area in excess of 120 square feet.
Means a resource or cultural landscape within a local landmark
district that embodies the significant physical characteristics and
features, or that adds to the historical associations, historic architectural
qualities, or archaeological values identified for the local landmark
district, and was present during the period of significance, relates
to the documented significance of the resource, and possesses historic
integrity or is capable of yielding important information about the
period.
Means the Cultural Heritage Commission or "Commission" as defined by Chapter 2.70 of this code.
Means a geographic area (including both historic and natural
resources and the wildlife or domestic animals therein) associated
with a historic event, activity, or person or exhibiting other cultural
or aesthetic values. There are four general types of cultural landscapes,
not mutually exclusive: historic designed landscapes, historic vernacular
landscapes, historic site and ethnographic landscapes.
For the purpose of this chapter, means destruction that is
so extensive that the historic character of a historic resource is
removed and cannot be repaired or replaced.
Means the Community Development Director, or a designee of
the Community Development Director or City Manager.
Means a level of maintenance and repair which clearly furthers
the continued availability of buildings and structures for lawful
reasonable uses and prevents deterioration, dilapidation, and decay
of buildings and structures.
Means a clearance issued by the Director pursuant to this chapter to document that proposed work on an historic resource is performed in accordance with the requirements of this chapter (See Section 15.52.070(B)).
Means the document adopted by resolution of the City Council
upon the recommendation of the Cultural Heritage Commission which
illustrates appropriate and inappropriate methods of treatment of
historic resources.
Means any local landmark, any local landmark district, or
any listed resource.
Means a listing, "inventory," of all historic resources that
have been designated or listed pursuant to the criteria set forth
in this chapter, as adopted by resolution of the City Council.
Means the like for like replacement of features or materials
where there is no change in materials, size, dimensions, or operation.
Means the ability of an historic resource or cultural landscape
to convey its significance through retention of aspects including:
location, design, setting, materials, workmanship, feeling and association.
Means the "Historic Resource Inventory."
Means any resource which is designated by City Council resolution
as a listed resource, pursuant to this chapter. A listed resource
shall not include any resource that has been designated as a local
landmark, and a listed resource shall not include any resource that
is located within a designated local landmark district.
Means any resource which is designated by City Council resolution
as a local landmark pursuant to this chapter.
Means any group of resources which is designated by City
Council resolution as a local landmark district pursuant to this chapter.
Means the National Historic Preservation Act 54 U.S.C. 300101,
et seq., the federal legislation that establishes a framework for
the nomination, designation and preservation of historic and archeological
sites in the United States.
Means the National Register of Historic Places, the official
list of sites, buildings, structures, and objects significant in American
history, architecture, archeology, engineering and culture established
under the National Historic Preservation Act and as authorized and
further defined under 36 C.F.R. 60.1.
Means a resource that meets the criteria for evaluation for
listing on the National Register as set forth under 36 C.F.R. Part
60.
Means a resource within a local landmark district that does
not possess the qualifications or characteristics of a contributing
resource, but which has been included within a local landmark district
because of its geographic location.
Means the California state agency authorized under the National
Historic Preservation Act and that is generally responsible for administering
federally and state mandated historic preservation programs to further
the identification, evaluation, registration and protection of California's
archaeological and historical resources under the direction of the
State Historic Preservation Officer and the State Historical Resources
Commission.
Means any work whose purpose and effect is to correct any
deterioration of or damage to the exterior feature of any structure
or property or any part thereof and to restore the same, as nearly
as may be practicable, to its condition prior to the occurrence of
such deterioration or damage.
A group of resources which has been identified by resolution
of the City Council as having historical significance, through a survey
by a qualified professional, but which has not been designated as
a local landmark district.
Means the maintenance and repair of existing historic materials
and retention of a resource's form as it has evolved over time.
Means any outdoor place regularly accessible by the public.
This includes, but is not limited to, streets, alleys, sidewalks,
parks, paths, and roads.
Means the act or process of returning an historic resource
to a state of utility through repair or alteration which makes possible
an efficient contemporary use while preserving those portions or features
of the historic resource which are significant to its designation
as a local landmark or listing on the Inventory.
Means the act or process of moving an historic resource from
one property to another property, or to a different location on the
same property.
Means any building, feature, structure, object, site, or
property which has been designated, or is being considered for designation,
pursuant to this chapter, as a historic resource, or a contributing
resource; or which is located within a local landmark district.
Means the act or process of accurately recovering the form
and details of an historic resource and its setting as it appeared
during its period of significance by means of the removal of later
work or by the replacement of missing features.
Means the U.S. Secretary of the Interior's Standards for
Rehabilitation of Historic Buildings, issued by the National Park
Service, together with the accompanying interpretive Guidelines for
Rehabilitation of Historic Buildings, as they may be amended from
time to time.
Means the reasons for which a historic resource has been
listed on the Inventory based on one or more of the eligibility criteria
for a listed resource, local landmark, or local landmark district;
or based on one or more of the eligibility criteria for listing on
the National Register of Historic Places, California Register of Historic
Resources.
Means the California State Historic Preservation Officer,
the public official appointed by the California Governor and charged
under Section 101 of the National Historic Preservation Act with administration
of the national historic preservation program at the state level,
with the review of National Register nominations, with maintaining
data on historic properties that have been identified but not yet
nominated, and with consultation with federal agencies during the
review or properties under Section 106 of the National Historic Preservation
Act.
(O2015-15, 12/15/15)
In addition to the duties identified in Chapter 2.70, the Commission shall have the powers and duties set forth in this chapter.
(O2015-15, 12/15/15)
A resource is eligible to be designated as a "listed resource"
on the Historic Resources Inventory if the City Council determines
by resolution, in accordance with this section, that the resource
has a special historic, aesthetic, educational, cultural or architectural
importance. However, a resource shall not be designated as a "listed
resource" if the resource is designated as a local landmark, or if
it is located within a local landmark district.
A.
Nomination
for Listing.
1.
Any
resource may be nominated for designation as a listed resource by
resolution of the City Council or Cultural Heritage Commission, request
by the property owner or authorized agent, verified petition of no
fewer than 50 residents of the city, or by written request of an established
community based organization whose purpose is to promote historic
preservation.
2.
Nominations
for designation as a listed resource shall be filed with the Community
Development Department on forms prescribed by the Director and shall
be accompanied by all submittal requirements and adopted fees.
3.
If
the nominee is not the owner of the property, the Director shall notify,
in writing, the property owner(s) of the nominated property(ies) within
10 days of receipt of nomination application.
4.
After the Director determines that a nomination has been made pursuant to this section, no person shall make, or cause to be made, any alteration, demolition, or relocation of any resource for which the nomination is pending, except through issuance of a historic clearance as outlined under Section 15.52.070 of this chapter.
B.
Cultural
Heritage Commission Consideration.
1.
The Cultural Heritage Commission shall hold a public hearing to consider the nomination to designate a listed resource with notice provided pursuant to Section 17.68.070 of this code.
2.
The
Cultural Heritage Commission shall consider all nominations for inclusion
on the Inventory and forward its recommendation to the City Council
for final action.
3.
If
the Cultural Heritage Commission finds that the resource nominated
for designation as a listed resource is of special historic, aesthetic,
educational, cultural or architectural importance to the city, and
the designation is consistent with adopted goals, policies, and programs
in the General Plan and any applicable specific plan, the Cultural
Heritage Commission may recommend that the City Council designate
the resource as a listed resource.
C.
City
Council Consideration.
1.
The City Council shall hold a public hearing to consider the nomination to designate a listed resource with notice provided pursuant to Section 17.68.070 of this code.
2.
The
City Council shall consider all nominations for the designation of
a listed resource, and the Council shall consider the recommendation
of the Cultural Heritage Commission.
3.
If
the Council determines that a nominated resource is of special historic,
aesthetic, educational, cultural, or architectural importance to the
city, and that designation as a listed resource is consistent with
the adopted goals, policies, and programs in the General Plan and
any applicable specific plan, the Council may, by resolution, approve
the designation of the resource as a listed resource on the city's
inventory.
4.
The
resolution approving the designation of a listed resource shall document
the facts and findings on which the City Council made its determination.
D.
Notification.
Notice of the designation of a listed resource shall be mailed to
the owner of record of the listed resource and the City Clerk shall
record the declaration in the office of the County Recorder.
(O2015-15, 12/15/15)
A.
Local
Landmark Criteria. A resource is eligible for local landmark designation
if the City Council finds that it is consistent with one or more of
the following criteria:
1.
Associated
with events that have made a significant contribution to the broad
patterns of local or regional history or the cultural heritage of
California or the United States;
2.
Associated
with the lives of persons important to local, California or national
history;
3.
Embodies
the distinctive characteristics of a type, period, region or method
of construction or represents the work of a master or possesses high
artistic values;
4.
Has
yielded, or has the potential to yield, information important to the
prehistory or history of the local area, California or the nation;
5.
Embodies
important characteristics that reflect the agricultural history of
the Napa Valley and distinctive vernacular heritage that serves as
a tangible reminder of the city's roots;
6.
Demonstrative
of the varied ethnic heritage of the city or Napa County important
in the interpretation and understanding of the cultural and social
evolution of Napa Valley;
7.
Emblematic
of popular cultural trends in America, California or the City of Napa
that have taken place in the recent past insofar as a sufficient amount
of time has passed necessary to obtain a scholarly perspective on
the events or individuals associated with the resource type; or
8.
Is
one of few remaining examples in the city, region, state, or nation
possessing distinguishing features of an architectural or historical
type or specimen.
B.
Local
Landmark District Criteria. A group of resources that may or may not
include individual local landmarks, but that creates a distinct geographical
concentration of resources is eligible for local landmark district
designation if the City Council finds that together it meets one or
more of the following criteria:
1.
Reflects
significant geographical patterns, including those associated with
different eras of settlement and growth;
2.
Embodies
distinctive features of a style, type, period or method of construction,
or presents a valuable example of the use of indigenous materials
or craftsmanship;
3.
Possesses
special character or aesthetic value which serves as an established
neighborhood, community center, or distinct section of the city, possessing
a significant concentration of resources united historically or aesthetically
by plan or by physical development;
4.
Represents
the works of notable builders, designers, or architects;
5.
Embodies
important characteristics that reflect the agricultural history of
the Napa Valley and distinctive vernacular heritage that serves as
a tangible reminder of the city's roots;
6.
Demonstrates
the varied ethnic heritage of the city or Napa County important in
the interpretation and understanding of the cultural and social evolution
of Napa Valley;
7.
Is
emblematic of popular cultural trends in America, California or the
City of Napa that have taken place in the recent past insofar as a
sufficient amount of time has passed necessary to obtain a scholarly
perspective on the events or individuals associated with the resource
type; or
8.
Is
associated with a historically significant period in the development
of the community or is associated with special historical events.
C.
Nomination
for Designation.
1.
Any
resource may be nominated for designation as a local landmark or local
landmark district by resolution of the City Council or Cultural Heritage
Commission, request by the property owner or authorized agent, verified
petition of no fewer than 50 residents of the city, or by written
request of an established community-based organization whose purpose
is to promote historic preservation.
2.
Nominations
for designation shall be filed with the Community Development Department
upon forms prescribed by the Director and shall be accompanied by
all submittal requirements and adopted fees.
3.
Supporting
documentation for consideration of designation shall include the most
recent version of the Department of Natural Resources (DPR) 523 series
form for each resource nominated and information required therein
prepared by an individual who meets the Secretary of the Interior's
Professional Qualification Standards for Architectural History. The
DPR 523 form series shall include the parameters of the resource being
nominated and shall specify related resources (structures, landscapes,
or small scale features) to be included for consideration.
4.
Application
for designation of local landmark districts shall indicate which resources
within the geographical boundaries of the proposed district are contributing
and which are non-contributing with a justification as to why. The
application shall further indicate what, if any, adjacent resources
serve as a buffer or important setting. The application shall appropriately
cite sources of information and include copies of documents and/or
photographs in the submittal as appropriate.
5.
If
the nominee is not the owner of the property, the
Director shall notify, in writing, the property owner(s) of the nominated
resource(s) within 10 days of receipt of nomination application.
6.
After the Director determines that a nomination has been made pursuant to this section, no person shall make, or cause to be made, any alteration, demolition, or relocation of any resource for which the nomination is pending, except through issuance of a historic clearance as outlined in Section 15.52.070 of this chapter.
D.
Cultural
Heritage Commission Consideration.
1.
The Cultural Heritage Commission shall hold a public hearing to consider the nomination for designation of a local landmark or local landmark district with notice provided pursuant to Section 17.68.070 of this code.
2.
The
Cultural Heritage Commission shall consider all nominations for designation
as a local landmark or local landmark district and shall forward its
recommendation to the City Council for final action.
3.
If the Cultural Heritage Commission finds that the resource or grouping of resources nominated for designation as a local landmark or local landmark district is consistent with the criteria set forth in Section 15.52.050, and the designation is consistent with adopted goals, policies, and programs in the General Plan and any applicable specific plan, the Cultural Heritage Commission may recommend that the City Council designate the resource as a local landmark or local landmark district, accordingly.
E.
City
Council Consideration.
1.
The City Council shall hold a public hearing to consider the nomination to designate a local landmark or local landmark district with notice provided pursuant to Section 17.68.070 of this code.
2.
The
City Council shall consider all nominations for the designation of
a local landmark or a local landmark district, and the Council shall
consider the recommendation of the Cultural Heritage Commission.
3.
If the City Council determines that a resource or grouping of resources is eligible for designation as a local landmark or local landmark district, based on the criteria set forth in Section 15.52.050, and the designation is consistent with adopted goals, policies, and programs in the General Plan and any applicable specific plan, the Council may, by resolution, approve the designation of the resource as a local landmark or local landmark district on the city's inventory.
F.
Designation
Resolution. The designating resolution shall include the facts and
findings on which the City Council made its determination and shall
include the following:
1.
For
each local landmark or local landmark district, the designation resolution
shall identify the character defining features that define the character
of the resource or resources and the key feature which justifies its
designation;
2.
Documentation
of the relevant California Historic Resource Status Code (CHRSC) classification
for the historic resource or resources to accompany the designation
on the city's adopted inventory;
3.
Description
of contributing resources (including features that comprise the setting)
that should be preserved (which and shall also document the relevant
CHRSC classifications for each contributing resource identified);
and
4.
A
description of location and boundaries of the historic resource or
resources (including address, assessor parcel numbers) and site plan
or map of the resource or district.
G.
Notification.
Notice of the designation shall be mailed to the owner of record of
the designated resource or resources and the City Clerk shall record
the declaration in the office of the County Recorder.
H.
Consideration
of Nomination as National Register Listing. As part of the designation
hearing for a local landmark or local landmark district, the Cultural
Heritage Commission and City Council shall evaluate the nominated
resource or resources under the criteria for National Register eligibility.
If the resource is determined to be eligible for National Register
Listing, the City Council may adopt a resolution recommending nomination
to the State Historic Preservation Officer in accordance with the
procedures set forth in the National Historic Preservation Act.
(O2015-15, 12/15/15)
When a listed resource, local landmark, or local landmark district
(including any resource within a local landmark district) no longer
embodies the criteria for designation on the Historic Resource Inventory,
the resource may be removed from listing on the Inventory in accordance
with this section.
A.
Initiation
of Removal.
1.
Removal
of a listed resource, local landmark, or local landmark district (including
any resource within a local landmark district) from the Historic Resource
Inventory may be initiated by resolution of the City Council or Cultural
Heritage Commission, request by the property owner or authorized agent,
verified petition of no fewer than 50 residents of the city, or by
written request of an established community-based organization whose
purpose is to promote historic preservation.
2.
Applications
for removal of a resource from the Historic Resource Inventory shall
be filed with the Community Development Department upon forms prescribed
by the Director and shall be accompanied by all submittal requirements
and adopted fees.
B.
Consideration. Except to the extent a resource is the subject of an administrative removal (in accordance with subsection E), consideration of the removal of the designation of a local landmark, or local landmark district (including any resource within a local landmark district) shall follow the same review procedure as identified in Section 15.52.050, and consideration of the removal of the designation of a listed resource shall follow the same review procedure as identified in Section 15.52.040. Consideration of the removal of any historic resource from the Inventory shall be subject to the noticing requirements of Chapter 17.68.
C.
Resolution.
The resolution removing the designation shall include the facts and
findings on which the City Council determined that the listed resource,
local landmark, or local landmark district (including any resource
within a local landmark district) no longer meets the criteria for
listing or designation. To the extent a contributing resource is found
to no longer meet the criteria for listing or designation, it shall
be downgraded to a non-contributing resource in the local landmark
district or potential historic district. The criteria for determining
that a resource no longer meets the criteria for listing or designation
may include, but is not limited to, any of the following:
D.
Notification.
Notice of the designation shall be mailed to the owner of record of
the designated property and the City Clerk shall record the declaration
in the office of the County Recorder.
E.
Administrative Removal of Resources from Historic Resources Inventory. The Director is authorized to administratively remove a resource from the Historic Resources Inventory only if the resource has been lawfully demolished or relocated in accordance with Section 15.52.070(C), 15.52.070(D), or 15.52.080. The Director shall document the bases for removal in accordance with the criteria set forth in subsection C.
F.
Annual Report to City Council Regarding Changes to Historic Resources Inventory. At least once annually, the Director shall prepare a report that reflects all changes to the Inventory. The report shall include all removals initiated and approved in accordance with subsections A through C, as well as all removals from the Inventory performed administratively under the provisions of subsection E.
(O2015-15, 12/15/15)
No person shall make, or cause to be made, any alteration, demolition, or relocation of any listed resource, local landmark, or local landmark district (including any resource within a local landmark district) without first obtaining a historic clearance, administrative certificate of appropriateness or certificate of appropriateness as required by Section 15.52.070, 15.52.080, or 15.52.090.
A.
General Procedure for Determinations Regarding Required Approvals for Applications to Perform Work on Historic Resources. Upon receipt of an application to perform any work on a resource, the Director shall evaluate the application and the scope and nature of the work proposed and shall make a determination regarding the applicable level of required review and approval in accordance with the parameters set forth in subsections B through D. The Director shall base such determinations on an assessment of the relative impact of the proposed work on the integrity of the historic resource and the extent to which the proposed work would be similar in scope and impact to one of the categories or subcategories identified in one of the illustrative lists set forth under subsections B through D.
B.
Historic
Clearance.
1.
The Director is authorized to issue a historic clearance (pursuant to subsection (E)(1)) for work on a historic resource if the Director determines that the work is not likely to have an adverse impact on the integrity of the historic resource, including any of the following types of work:
a.
Ordinary maintenance and repair, including, but not limited to:
i.
Windows and Doors.
ii.
Flat Work and Landscaping.
(A)
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;
(B)
In kind repaving of existing front yard paving, concrete work,
and walkways;
(C)
Landscaping unless the designation specifically identifies the
landscape layout, features, or element as having particular historical,
architectural or cultural significance;
(D)
Construction, repair, demolition, or alteration to side and
rear yard fences;
(E)
Minor changes to front and street side fences.
iii.
Roofing work if there is a minimal change in appearance and
the integrity of the resource is preserved.
iv.
Foundation work if there is a minimal change in appearance, the integrity
of the resource is preserved, and any increase in building height
is less than six inches.
v.
Chimney work if there is a minimal change in appearance and the integrity
of the resource is preserved.
vi.
Interior alterations of a privately owned building or structure that
have the possibility of adversely affecting the integrity of the historic
resource.
vii.
Repair of exterior siding.
b.
Minor alterations involving treatment details of exterior walls including
siding and trim.
c.
Demolition of non-historic accessory structure.
d.
Installation of solar panels and integral parts of the solar panel
system including supporting posts or poles but not including proposed
new structures such as a carport or other similar structures proposed
in conjunction with the solar panel system.
e.
Replacement of skylights if no change in size and no increase in
profile.
f.
Major alteration to a façade of a listed resource that is
not visible from a public way.
g.
Minor alterations to a listed resource.
h.
Minor alterations to a non-contributing resource.
i.
New detached structures not exceeding 120 square feet in size, not
exceeding the height of the main building, and not visible from a
public way on properties designated local landmarks or within a local
landmark district.
2.
Review
Authority.
a.
If the Director determines that the work proposed is not likely to have an adverse impact on the integrity of a historic resource, based on the criteria set forth in subsections A through D, the Director shall prepare a written determination documenting the review and approval of the historic clearance.
b.
A building permit may be required for work subject to a historic
clearance. Historic clearance review shall occur prior to issuance
of any building permit for proposed work or commencement of work for
those projects that do not require a building permit.
C.
Administrative
Certificate of Appropriateness. The Director is authorized to issue
an administrative certificate of appropriateness for an application
to perform work on a historic resource if the Director determines
that the work described in an application may have a potentially adverse
impact on the integrity of the historic resource, but the potentially
adverse impact may be adequately mitigated with typical conditions
of approval, including any of the following types of work:
1.
For
work on a listed resource:
a.
Major alteration to a façade that is visible from a public
way, or demolition that is not located in a potential historic district.
2.
For
work on a local landmark or within a local landmark district:
a.
In kind replacement of windows or doors readily visible from a public
way.
b.
Minor modifications to detailing or treatments for doors and windows.
c.
Installation of mechanical equipment in front of houses or on roofs.
d.
Restoration of exterior historic features.
e.
Installation of signs, awnings, street furniture, paving, and expansion
of driveways.
f.
Tree cutting, pruning, and landscaping of cultural landscapes.
g.
Installation of skylights.
h.
Painting of character defining features not previously painted.
3.
Review
Authority.
a.
If the Director determines that the work may have an adverse impact on the integrity of a historic resource, but the potentially adverse impacts may be adequately mitigated with typical conditions of approval, based on the criteria set forth in subsections A through D, the Director may approve, conditionally approve, or deny an administrative certificate of appropriateness based on compliance with applicable findings set forth in subsection F. The Director is authorized to approve an administrative certificate of appropriation for demolition of a listed resource that is not located in a potential historic district only if the Director determines that the demolition meets the required findings set forth in Section 15.52.080, and the Director prepares a written determination documenting the review and approval of the demolition.
b.
Notification of a Director's determination to approve or conditionally approve each administrative certificate of appropriateness shall be provided pursuant to Section 17.58.090(B) of this code.
D.
Commission
Certificate of Appropriateness. The Commission is authorized to issue
a Commission certificate of appropriateness for an application to
perform work on a historic resource if the Director determines that
the work described in an application may have a potentially adverse
impact on the integrity of the historic resource, and the work is
not subject to a historic clearance or an administrative certificate
of appropriateness, including any of the following types of work:
1.
For
work on a listed resource:
a.
Construction and/or major alteration to a façade that is visible
from a public way, or demolition that is located in a potential historic
district.
2.
For
work on a local landmark or within a local landmark district:
a.
Major alterations, including:
i.
Removal or replacement of more than 30% of the combined square footage
of the exterior architectural features.
ii.
Removal of any portion of the resource visible from a public way.
iii.
Lifting of a resource more than six inches.
iv.
Construction.
v.
Additions greater than 120 square feet or that exceed the height
of the main building.
b.
Construction of any new primary structure.
c.
Removal, addition, or modification to front porch.
d.
Relocation to another property.
e.
Substantial exterior rehabilitation.
f.
Removal and replacement of original windows that is not in kind.
g.
Foundation work that results in an increase in building height that
is greater than six inches.
h.
All second story additions.
i.
Alteration to roof pitch, shape, or significant material modifications.
j.
Construction of accessory structures, including a garage, carport,
storage shed, or other small building greater than 120 square feet
and visible from a public way.
k.
Any demolition.
3.
Review
Authority.
a.
If the Director determines that the work described in an application may have a potentially adverse impact on the integrity of the historic resource, and the work is not subject to a historic clearance or an administrative certificate of appropriateness, the Cultural Heritage Commission may approve, conditionally approve, or deny a Commission certificate of appropriateness based on compliance with applicable findings set forth in subsection F. The Cultural Heritage Commission may approve a Commission certificate of appropriateness for a demolition in accordance with Section 15.52.080.
E.
Review Procedure. All certificates of appropriateness shall be reviewed in accordance with the review authority identified in subsections (B)(2), (C)(3) and (D)(3), as appropriate, and pursuant to the required findings set forth in subsection F and consistent with applicable historic design guidelines and the review procedure set forth below.
1.
Each
application for a certificate of appropriateness shall be filed with
the Community Development Department upon forms prescribed by the
Director and shall be accompanied by all submittal requirements.
2.
A
complete application for a certificate of appropriateness shall include
all information and documentation determined by the Director to be
reasonably necessary to make a determination pursuant to the requirements
of this chapter.
3.
When a proposed project subject to a certificate of appropriateness requires additional discretionary approvals from the Planning Commission or City Council, the final action on all discretionary permits (including the certificate of appropriateness) shall be taken by the City Council, after making applicable findings for approval as outlined in subsection F. In such cases, the Cultural Heritage Commission and Planning Commission shall provide recommendations for final action by the City Council.
4.
When
a proposed project subject to a certificate of appropriateness requires
approval of a sign permit or sign program by the Planning Commission
and no other discretionary approvals are required, the Cultural Heritage
Commission shall provide recommendations for final action on the sign
permit or sign program by the Planning Commission.
F.
Findings for Approval. A certificate of appropriateness may be approved in accordance with this chapter only after the appropriate review authority makes the findings set forth in this subsection F or makes the findings for demolition set forth in Section 15.52.080.
3.
Local
Landmark.
a.
The project preserves, enhances or restores the exterior architectural
features of the local landmark; and
b.
The project will not result in a substantial adverse change to the
integrity of the local landmark or its major exterior character-defining
features; and
c.
The project will not adversely affect the special character or special
historic, architectural, or aesthetic interest or value of the local
landmark; and
d.
The project is consistent with the applicable Secretary of the Interior's
Standards; and
e.
The project is consistent with applicable historic design guidelines;
and
f.
The project will not negatively impact the integrity of a cultural
landscape through alteration of spatial organization, landscape features,
circulation patterns, or small scale features that are character defining
features of the resource.
4.
Local
Landmark District.
a.
The project is compatible with the character of the local landmark
district as described in the designating resolution; and
b.
The project does not adversely affect the special character of historic,
architectural, or aesthetic interest or value of the local landmark
district; and
c.
The project is consistent with the applicable Secretary of the Interior's
Standards; and
d.
The project is consistent with applicable historic design guidelines.
(O2015-15, 12/15/15)
A Commission certificate of appropriateness shall be required for any application for demolition of a local landmark, or resource within a local landmark district, or listed resource within a potential historic district, in compliance with the review authority set forth in Section 15.52.070(D)(3), procedures set forth in Section 15.52.070(E), and the following finding.
A.
Required
Finding. A certificate of appropriateness may be issued for a demolition
of a resource only if the Cultural Heritage Commission finds that
the historic resource no longer has the potential to meet criteria
for historic significance as set forth under this chapter.
B.
Demolition
or Alteration of Immediately Dangerous Buildings or Structures.
1.
Notwithstanding
other provisions of this chapter, the Building Official is authorized
to issue permits to perform work to the extent necessary to protect
the public health or safety from an imminent threat caused by a dangerous
building. The provisions of this chapter shall not be construed to
regulate, restrict, limit or modify the authority of the city and
the Building Official to issue permits for the demolition or alteration
of a resource, to the extent that the Building Official determines
that the work of demolition or alteration is necessary to abate an
imminent threat to the public health or safety.
2.
When
determining the extent to which a permit for a demolition or alteration
of a resource is necessary to abate an imminent threat to the public
health or safety under this section, the Building Official shall consider:
a.
The extent to which the condition of the building(s) or structure(s)
is immediately dangerous within the meaning of the Napa Municipal
Code; and
b.
The extent to which there are any feasible alternatives to a demolition
or alteration of a resource that will adequately protect the health
and safety of the public including, but not limited to, abatement
of the immediate threat by securing the premises with security fencing
or other measures, stabilization or bracing of the structures, repair,
or limited demolition.
3.
At the earliest feasible opportunity after the Building Official identifies the need to permit a demolition or alteration of a resource (under subsection (B)(1)), considering the first priority of protecting the public health and safety, the Building Official shall notify the Director of the potential impact on a resource, and the steps taken to abate any imminent threat to the public health or safety. Upon the Director's receipt of notice from the Building Official, the Director shall notify the State Historic Preservation Officer, or local designee, for the purpose of discussing the conditions and alternatives identified in subsection (B)(1).
4.
If the Director determines, following the consultation with the Building Official and the State Historic Preservation Officer (or local designee), that all or some portion of a proposed alteration or demolition of a resource is necessary to abate an imminent threat to the public health or safety, the Director is authorized to approve or conditionally approve an administrative certificate of appropriateness pursuant to the procedures set forth in Section 15.52.070(E), factoring in any feasible alternative to demolition or alteration identified during the consultation.
5.
As soon as feasible under the circumstances: (a) the Director shall present to the Commission a summary of any actions taken pursuant to this subsection B, and (b) the Director shall process applications for alterations or demolitions of any resources in accordance with the requirements of this chapter, to the extent not necessary to abate an imminent threat to the public health or safety.
C.
Demolition
of Buildings Greater than 45 Years Old.
1.
An
application for demolition of a building greater than 45 years old
and not listed on the Inventory shall require historic clearance prior
to issuance of a building permit and shall only be issued if the Director
determines that the building no longer has the potential to meet criteria
for historic significance as set forth under this chapter.
2.
If the Director determines that the building may have potential to meet criteria for historic significance, the Director may submit a nomination to the Commission for a listed resource (pursuant to Section 15.52.040(A)) or for a local landmark or local landmark district (pursuant to Section 15.52.050(C)).
(O2015-15, 12/15/15)
The City Council may, in its discretion, approve a proposed
project which does not otherwise satisfy the requirements of this
chapter, and approve a certificate of appropriateness, if the applicant
submits the request for an economic hardship determination as a part
of the application for a certificate of appropriateness.
A.
Review
Authority. Requests for economic hardship determinations shall be
reviewed by the Cultural Heritage Commission with the application
for certificate of appropriateness and the Commission shall forward
their recommendation to the City Council.
B.
Required
Findings. The City Council shall be the final reviewing authority
for applications for economic hardship determinations and may approve
such determinations upon finding:
1.
Denial
of the certificate of appropriateness would result in there being
no economically viable use of the property; and
2.
Any
additional conditions of approval and/or mitigation measures that
can minimize the impact of the proposed project on the historic significance
of the resource without denying economically viable use of the property
will be imposed in conjunction with approval of the certificate of
appropriateness; and
3.
The
economic hardship is unique and is not the result of the property
owner's own conduct.
C.
Burden
of Proof. The applicant shall bear the burden of proving economic
hardship and shall provide substantiation of the claim as the City
Council may require. The City Council also may consider additional
information, documentation, and expert testimony, the cost of which
shall be paid by the applicant and considered by the City Council
in its related findings. The City Council may identify specific forms
of relief or mitigation and include them in their approval.
(O2015-15, 12/15/15)
A.
Duty
to Keep in Good Repair. The owner, lessee, and other person in actual
charge or possession of a listed resource, local landmark or contributing
resource shall keep in good repair all of the exterior portions of
such listed resource, local landmark or contributing resource and
all interior portions thereof whose maintenance is necessary to prevent
deterioration and decay of any exterior portion.
B.
Methods of Enforcement. This section shall be enforced in accordance with the provisions of Napa Municipal Code Chapter 1.16. The Director shall have the authority to implement the enforcement thereof by serving notice requiring the removal of any violation of this chapter upon the owner, agent, tenant, or occupant of the building.
(O2015-15, 12/15/15)
Any determination made by the city pursuant to this chapter
shall be final unless appealed pursuant to the requirements of this
section.
B.
Other than appeals of actions taken pursuant to this section, any appeal of a determination made or action taken under this chapter may be made in accordance with the provisions of Chapter 17.70 of this code. Any such determination or action made by the Director under this chapter shall be appealed to the Cultural Heritage Commission. Any such determination or action made by the Cultural Heritage Commission under this chapter shall be appealed to the City Council.
(O2015-15, 12/15/15)
