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.
Addition.
Means the construction of additional attached floor area to an existing building.
Alteration.
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.
Alteration, major.
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.
Alteration, minor.
Means any alteration that is not a major alteration.
Building Official.
Means the Chief Building Official of the City of Napa, or a designee of the Chief Building Official or City Manager.
California Historic Resource Status Code.
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.
Certificate of appropriateness.
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)).
Certified local government.
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.
Character defining features.
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.
Construction.
Means the construction of a new building or structure, or an addition with a floor area in excess of 120 square feet.
Contributing resource.
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.
Cultural Heritage Commission.
Means the Cultural Heritage Commission or "Commission" as defined by Chapter 2.70 of this code.
Cultural landscape.
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.
Demolition.
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.
Director.
Means the Community Development Director, or a designee of the Community Development Director or City Manager.
Good repair.
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.
Historic clearance.
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)).
Historic Design Guidelines.
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.
Historic resource.
Means any local landmark, any local landmark district, or any listed resource.
Historic resource inventory.
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.
In-kind replacement.
Means the like for like replacement of features or materials where there is no change in materials, size, dimensions, or operation.
Integrity.
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.
Inventory.
Means the "Historic Resource Inventory."
Listed resource.
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.
Local landmark.
Means any resource which is designated by City Council resolution as a local landmark pursuant to this chapter.
Local landmark district.
Means any group of resources which is designated by City Council resolution as a local landmark district pursuant to this chapter.
National Historic Preservation Act.
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.
National Register.
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.
National Register eligibility.
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.
Non-contributing resource.
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.
Office of Historic Preservation.
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.
Ordinary maintenance and repair.
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.
Potential historic district.
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.
Preservation.
Means the maintenance and repair of existing historic materials and retention of a resource's form as it has evolved over time.
Public way.
Means any outdoor place regularly accessible by the public. This includes, but is not limited to, streets, alleys, sidewalks, parks, paths, and roads.
Rehabilitation.
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.
Relocation.
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.
Resource.
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.
Restoration.
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.
Secretary of the Interior's Standards.
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.
Significance.
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.
State Historic Preservation Officer.
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)
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.
E. 
Removal from Listing. Any listed resource included on the Historic Resources Inventory may be removed as appropriate to reflect the accurate historic significance or lack thereof of a resource pursuant to the procedures outlined in Section 15.52.060 of this chapter.
(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.
I. 
Removal of Designation. A local landmark or local landmark district may be removed from the Inventory as appropriate to reflect the accurate historic significance or lack thereof of a resource pursuant to the procedures outlined in Section 15.52.060 of this chapter.
(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:
1. 
New information that compromises the significance of the resource;
2. 
Destruction of the resource through a catastrophic event that has rendered the resource a hazard to the public health, safety, or welfare; or
3. 
Demolition, relocation, or removal of the resource.
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.
(A) 
Re-glazing windows;
(B) 
Repairs to existing windows and doors;
(C) 
Replacement of existing incompatible windows or doors with more historically appropriate windows or doors;
(D) 
In kind replacement of windows and doors on side and rear façades not readily visible from a public way.
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.
j. 
Accessory dwelling units and junior accessory dwelling units established in compliance with Section 17.52.015.
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.
b. 
The Cultural Heritage Commission shall hold a public hearing to consider the proposal for certificate of appropriateness with notice provided pursuant to Chapter 17.68 of this code.
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.
1. 
Listed Resource not Located in a Potential Historic District.
a. 
The project is consistent with the Secretary of the Interior's Standards; and
b. 
The project is consistent with applicable historic design guidelines.
2. 
Listed Resource Located in a Potential Historic District. The findings as outlined in subsections (F)(4)(b) through (d) shall be made prior to approval.
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; O2025-013, 9/2/2025)
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)).
D. 
Deleting Demolished Buildings from the Inventory. When a resource has been lawfully demolished pursuant to the provisions of this section it shall be deleted from the Inventory in accordance with Section 15.52.060.
(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.
A. 
Any appeal of an enforcement action taken by the city pursuant to Section 15.52.100 shall be made in accordance with Napa Municipal Code Chapter 1.24, and Section 1.24.070.
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)