In addition to the general purposes established in SMC § 10.10.030 (Title and purpose), the purpose of this chapter is to provide the ability to acknowledge, honor, and encourage the continued maintenance and preservation of those select properties in the City that contribute to the City's architectural and cultural history. Further, it is the purpose of this chapter to promote the public health, safety, and general welfare by providing for the identification, recognition, designation, protection, enhancement, perpetuation, and use of historical resources that reflect associations important in the City's history and to:
A. 
Safeguard the character and history of the City which is reflected in its unique architectural, historic, and cultural heritage through the designation of properties to the local historic register;
B. 
Provide a method for the identification and designation of properties to the local historic register;
C. 
Deter the demolition, alteration, misuse or neglect of historic or architecturally significant structures and sites;
D. 
Encourage preservation and adaptive reuse of properties on the local/State/National Historic Register and/or within a historic overlay district by allowing changes to accommodate new functions and uses;
E. 
Provide a review process for alterations, modifications and additions to properties on the local/State/National Historic Register or within a historic overlay district including applying applicable adopted guidelines and policies as adopted by the City;
F. 
Enhance property values, stabilize neighborhoods, and render City properties on the local/State/National Historic Register or within a historic overlay district eligible for benefits and incentives;
G. 
Foster civic and neighborhood pride and a sense of identity based on the recognition of the City's past accomplishments as reflected through its buildings, structures, objects, landscape, natural features, infrastructure, and engineering;
H. 
Strengthen the City's economy by protecting and enhancing the City's attraction to residents, tourists, visitors, and others, thereby serving as a stimulus and support to local business and industry; and
I. 
Identify incentives that are intended to encourage owners to designate, maintain, reuse, rehabilitate, and improve properties on the local/State/National Historic Register or within a historic overlay district.
(Ord. 1167 § 2, 2003; Ord. 1261 § 25, 2018)
The requirements of this chapter apply to:
A. 
Properties and areas that the Historic Preservation Commission or City has determined qualify as a historical resource under Public Resources Code Section 21084.1 and Title 14, California Code of Regulations, Section 15064.5; and
B. 
Properties and areas that are proposed for designation to the local historic register and/or within a historic overlay district; and
C. 
Properties and areas that are formally listed on the local/State/National Historic Register and/or within a historic overlay district.
In addition, the requirements of this title, Zoning, and associated regulations and adopted guidelines shall apply.
(Ord. 1167 § 2, 2003; Ord. 1261 § 26, 2018)
A. 
Establishment of Local Historic Register. A local historic register of individually designated buildings and properties by the City Council is hereby created. The purpose of the local historic register is to provide a means to preserve, protect, and enhance the most significant historic resources within the City. Properties listed on the local historic register may be identified on site with an exterior marker or plaque in accordance with adopted City guidelines displaying pertinent information about the resource. A record of properties on the local historic register shall be kept by the City, and be provided to the regional information center of the State Office of Historic Preservation and other agencies, as required.
B. 
Establishment of Local Historic Resources Inventory. The Historic Preservation Commission, acting with the administrative support of the Community Development Department, shall maintain a local historic resources inventory of individually eligible historic resources within the City as defined and provided for in CEQA Guidelines Section 15064.5(a)(2). The Historic Preservation Commission shall periodically review, amend, and update the local inventory. Resources listed on the local historic resources inventory are eligible for nomination to the City's local historic register and may be designated as such by the City Council.
(Ord. 1167 § 2, 2003; Ord. 1261 § 27, 2018)
A. 
The Historic Preservation Commission shall have the authority to recommend approval, disapproval, or modification of properties for designation to the local historic register to the City Council.
B. 
Initiation. Initiation of designation of properties to the local historic register shall be made by one of the following methods:
1. 
City Council or Historic Preservation Commission; or
2. 
Property owner(s) or member(s) of the public.
C. 
Notification to Property Owner(s). Within 10 days of initiation of a property to the local historic register, the owner(s), designated agent or agents, and tenants of the subject property(ies) shall be notified.
D. 
Application Requirements. Applications for the designation of a property to the local historic register shall be filed with the Community Development Department and include the following:
1. 
A statement of architectural, historic, or cultural significance of the building or district and a description of the character-defining features that should be preserved;
2. 
A map showing the location of the individual structure or the area proposed as a district;
3. 
Photographic document of the building(s) and area;
4. 
In lieu of subsections (D)(1) through (3) of this section, applicants may alternatively submit State Department of Parks and Recreation historic resources inventory form; and
5. 
Any additional information requested or required by the Community Development Department or the Historic Preservation Commission, including plans or materials deemed necessary to support and process the application.
E. 
Interim Protection Measures. No permits for exterior alterations shall be issued for 180 days from the date of initiation without prior approval by the Historic Preservation Commission. Pending permit applications may be processed, but no final action shall be taken until after the conclusion of the designation process or the 180 days have passed, whichever occurs first. The following permits may be processed during the designation process:
1. 
Ordinary Maintenance and Repair. Ordinary maintenance and repairs may be approved. For the purposes of this chapter, "ordinary maintenance and repairs" shall mean regular, customary, or usual care of an existing building, structure, object, or site, for the purposes of preserving said property and maintaining it in a safe and sanitary condition, and does not involve a change of design, material, or appearance of the property.
2. 
Dangerous and Immediately Dangerous Properties. Unsafe or dangerous conditions that present an imminent threat to the public or bodily harm or damage to adjacent property may be approved. The Building Official shall notify the Community Development Director in writing that the proposed action is necessary in order to mitigate the unsafe or dangerous condition.
F. 
Public Hearings. The Historic Preservation Commission shall make a recommendation to the City Council to list a property on the local historic register following a public hearing.
1. 
Historic Preservation Commission Review. The Historic Preservation Commission shall consider the proposed designation at a noticed public hearing and shall recommend approval, in whole or in part, or disapproval of the application for the designation of a property(s) to the local historic register. The decision shall be in writing and state the findings of fact and reasons relied upon to reach the decision and forwarded to the City Council.
2. 
Hearing and Decision by City Council. The City Council shall consider the proposed designation after receiving the Historic Preservation Commission's recommendation. The City Council may approve, disapprove, or give modified approval for the local historic register. The City Clerk shall then notify the owner(s) of the property or the owners of property in the district of the City Council's action.
G. 
Findings. The Historic Preservation Commission may recommend, and the City Council may approve, listing a structure or site on the local historic register if all of the following findings can be made:
1. 
The structure or site proposed for the local historic register is significant to local, regional, State or national history.
2. 
Listing the proposed structure or site on the local historic register has been subject to environmental review and the appropriate findings have been made.
3. 
Listing the proposed structure or site on the local historic register will preserve the historic character or integrity of the structure or site.
4. 
Structure or site proposed to be listed on the local historic register has a significant architectural or historic character that can be preserved or enhanced through appropriate controls and incentives on new development and alterations to existing structures and landscaping.
H. 
Recordation of Decision. A certified copy of the City Council decision shall be recorded in the office of the County Recorder by the City Clerk immediately following its effective date. The property shall be added to the local historic register kept by the City and provided to the regional information center of the State Office of Historic Preservation, as required.
I. 
Disapproval of Proposed Designation. Whenever an application for designation of a property to the local historic register has been rejected by the City Council, no application that contains the same or substantially the same information as the one disapproved shall be resubmitted within a period of three years from the date of the final action on the prior application. However, if significant new information is made available and provided by and at the expense of the owner(s), the Community Development Director may waive the time limit and permit a new application to be filed.
J. 
Effect of Designation. Upon designation, the provisions of this chapter shall apply to the designated property on the local historic register. Any removal or demolition, exterior construction, addition, alteration, or modification, including modifications to landscapes, is subject to the provisions of this chapter.
K. 
Amendment or Rescission of a Local Historic Register Property. Once a designation is made, it shall not be repealed by the City Council unless it is determined at any time that:
1. 
The local historic register property no longer meets the criteria for designation due to damage caused by natural disaster (e.g., flood, earthquake, etc.) or reasons otherwise outside of the control of the owner.
2. 
Changes of use, differences of opinion of subsequent City Councils, desires of property owners, or financial considerations are not sufficient reasons to repeal a designation.
3. 
If the local historic register property status is repealed, the City's records shall be updated accordingly.
(Ord. 1167 § 2, 2003; Ord. 1261 § 28, 2018)
A. 
Minimum Maintenance Requirements. Every owner in possession or control of: (1) a structure/site officially deemed a historical resource under Public Resources Code Section 21084.1 and Title 14, California Code of Regulations, Section 15064.5; (2) a designated local/State/National Historic Register property; or (3) a property within a historic overlay district shall take measures to ensure that the property does not fall into disrepair or become a public health and safety hazard. Measures shall include ordinary repair and maintenance activities consisting of regular, customary, or usual care of an existing building, structure, object, or site, for the purposes of preserving said property and maintaining it in a safe and sanitary condition, and do not involve a change of design, material, or appearance of the property. The Community Development Director shall have the final authority to determine whether a historical resource property is in compliance with its minimum maintenance requirements. In the case that a property constitutes a public nuisance, the City may take enforcement action to prevent further vandalism or public nuisance pursuant to Chapter 12.20 SMC (Nuisance Abatement).
B. 
Certificate of Appropriateness Required. No person, owner, or other entity shall restore, rehabilitate, alter, develop, construct, demolish, remove, or otherwise change the exterior appearance (including paint color) of: (1) a structure/site officially deemed a historical resource under Public Resources Code Section 21084.1 and Title 14, California Code of Regulations, Section 15064.5; (2) a designated local/State/National Historic Register property; or (3) a property within a historic overlay district without first having undergone review for a certificate of appropriateness by the Historic Preservation Commission unless the work proposed is exempt as follows:
1. 
Interior Alterations. If any proposed interior alteration(s) would result in any visual or material impact to the exterior of the subject building, a certificate of appropriateness shall be required. Interior alterations on a privately owned structure or on a publicly owned structure do not require a certificate of appropriateness unless the interior has been included as part of the historic designation.
2. 
Dangerous and Immediately Dangerous Properties. Unsafe or dangerous conditions due to damage caused by natural disaster (e.g., flood, earthquake, etc.) or reasons otherwise outside the control of the owner do not require a certificate of appropriateness. The Building Official shall notify the Community Development Director in writing that the proposed action is necessary in order to mitigate any unsafe or dangerous condition.
3. 
The requirement for a certificate of appropriateness shall be at the discretion of the Community Development Director dependent upon policy implications, unique or unusual circumstances, the size of the project, or other factors determined by the Community Development Director to be significant enough to warrant review for a certificate of appropriateness.
C. 
Application Requirements. An application for a certificate of appropriateness shall contain:
1. 
Plans and specifications showing the existing and proposed exterior appearance, including detailed drawings;
2. 
Details and samples of materials to be used, where applicable;
3. 
Photographs showing the property; and
4. 
Any additional material required by the Community Development Director or the Historic Preservation Commission.
D. 
Multiple Planning Approvals. For projects that require multiple planning approvals subject to CEQA, the Historic Preservation Commission shall conduct review for a certificate of appropriateness before any other planning approval action. Applications for a certificate of appropriateness and other planning approval may be filed and processed concurrently.
The Historic Preservation Commission's advisory certificate of appropriateness resolution cannot be modified by the Planning Commission; however, the Planning Commission may, through a majority vote of the members, refer the advisory certificate of appropriateness resolution back to the Historic Preservation Commission for reconsideration. The Historic Preservation Commission shall conduct a hearing to review the Planning Commission's request.
E. 
Review Procedures. Certificate of appropriateness applications must be reviewed and approved at a noticed public hearing. A certificate of appropriateness is an advisory recommendation forwarded to the decision-making body.
1. 
Administrative Certificate of Appropriateness. The Historic Preservation Commission may define certain categories of work as minor alterations and delegate approval of an administrative certificate of appropriateness for such alterations to Community Development Department staff. If the Historic Preservation Commission delegates alteration of work to the Department, review for an administrative certificate of appropriateness may be approved without a hearing before the Historic Preservation Commission.
a. 
Public Notice – Administrative Certificate of Appropriateness. Notice of a pending review for an administrative certificate of appropriateness by the Community Development Department shall be prominently posted on the project site at least 10 days before any departmental decision.
b. 
Any departmental decision on an administrative certificate of appropriateness may be appealed to the Historic Preservation Commission within 10 days of the date of the written decision.
c. 
Community Development Department staff may refer items to the Historic Preservation Commission when in their opinion the public interest would be better served by having the Historic Preservation Commission review.
2. 
Certificate of Appropriateness by the Historic Preservation Commission. The Historic Preservation Commission shall review for a certificate of appropriateness at a noticed public hearing. The Historic Preservation Commission shall review the project under certificate of appropriateness findings and issue an advisory recommendation via a resolution (subsection F of this section). The Historic Preservation Commission may require a historic resource evaluation to be completed by the applicant if deemed necessary. With the Historic Preservation Commission's approval, applicants may revise a project during review for a certificate of appropriateness and resubmit to the Historic Preservation Commission for secondary review. Once review for a certificate of appropriateness is concluded and the Historic Preservation Commission issues an advisory certificate of appropriateness determination, a hearing before the Planning Commission is scheduled to consider the project.
a. 
Public Notice – Certificate of Appropriateness by the Historic Preservation Commission. Notice of a pending review for a certificate of appropriateness by the Historic Preservation Commission shall be prominently posted on the project site at least 10 days before the subject meeting.
F. 
Required Findings. A certificate of appropriateness, in the form of a resolution, shall be issued only if the findings below can be made. If the findings below cannot be made, a resolution shall be issued stating the findings of fact and reasons relied upon to reach the decision. The required findings for issuance of a certificate of appropriateness are as follows:
1. 
The Secretary of the Interior's Standards for the Treatment of Historic Properties and any applicable State or local ordinances and adopted guidelines or other policies have been used to review and consider the proposed work.
2. 
Additional Findings for Local Historic Register Properties.
a. 
The proposed work shall preserve, enhance or restore, and shall not damage or destroy, the exterior architectural features of the structure and, where specified in the designating ordinance, its major interior architectural features; and
b. 
The proposed work shall not adversely affect the special character and/or special historic, architectural or aesthetic interest or value of the structure and its site, as viewed both in themselves and in their setting, nor of the historic overlay district, if located within one.
3. 
Additional Findings for Properties in Historic Overlay Districts.
a. 
Any new construction, addition or exterior change shall be compatible with the character of the historic overlay district as described in the designating ordinance;
b. 
Exterior change shall preserve, enhance or restore, and shall not damage or destroy, the exterior architectural features of the subject property which are compatible with the character of the historic overlay district; and
c. 
For any exterior change where the subject property is not already compatible with the character of the historic overlay district, reasonable efforts shall be made to produce compatibility, and in no event shall there be a greater deviation from compatibility.
4. 
Additional Findings for Sign Applications.
a. 
The proposed sign complies with all applicable provisions of Chapter 10.42 SMC (Sign and Awning Regulations);
b. 
Is consistent with the applicable sign standards and adopted guidelines, where applicable; and
c. 
The proposed color, design, material, and location of the proposed sign are compatible with the architectural design of the building and historic overlay district.
5. 
Additional Findings for Landscaping Applications.
a. 
The proposed removal or alterations will not affect the character of the property on the local, State or National Historic Register or in the historic overlay district; or
b. 
The safety of persons or property requires the removal or alteration.
6. 
Additional Findings for Demolition Applications.
a. 
A replacement project shall be proposed.
b. 
The requirements of the California Environmental Quality Act and SMC Title 11 (Environmental Protection) have been met.
c. 
Alternatives to demolition have been considered, including reusing the structure with an alternate use that may not be consistent with existing zoning (see SMC § 10.46.070(D), Additional Uses).
d. 
All financial alternatives have been evaluated, including use of historic tax credit and acquisition by a third party.
e. 
Additional findings for demolition applications for accessory structures:
i. 
The accessory structure proposed for demolition is listed in the designation as a noncontributing feature.
ii. 
The demolition of the accessory structure will not impact the landmark site or historic overlay district.
iii. 
Where applicable, a replacement project is proposed.
G. 
Conditions. The Historic Preservation Commission may recommend such conditions that are necessary to accomplish the purposes of this chapter and prevent or minimize adverse impacts to the character-defining features of property deemed a historical resource under Public Resources Code Section 21084.1 and Title 14, California Code of Regulations, Section 15064.5, on the local/State/National Historic Register, or within a historic overlay district.
H. 
Additional Demolition Procedures. The following procedures shall also apply to any application for a demolition permit for property deemed a historical resource under Public Resources Code Section 21084.1 and Title 14, California Code of Regulations, Section 15064.5, on the local/State/National Historic Register, or within a historic overlay district:
1. 
If, after review of request for a demolition permit, the Historic Preservation Commission determines the structure itself has historic, architectural or cultural interest or value, the Historic Preservation Commission may withhold approval of demolition for 180 days (from the date of Historic Preservation Commission action) or until environmental review, whichever occurs later. The 180-day delay shall be for the purpose of providing time to explore alternatives to demolition. During the 180 days, the Historic Preservation Commission may direct the Community Development Department to consult with recognized historic preservation organizations and other civic groups, public agencies and interested citizens, make recommendations for acquisition of property by public or private bodies or agencies, explore the possibility of moving one or more structures or other features, and take any other reasonable measures.
2. 
At the end of the 180-day period, the demolition permit shall be issued if the requirements of the California Environmental Quality Act, SMC § 10.50.080 (Environmental review), and SMC Title 11 (Environmental Protection) have been met.
(Ord. 1167 § 2, 2003; Ord. 1261 § 29, 2018)
Owners of property within a historic overlay district or owners of local/State/National Historic Register property are eligible to apply for the following preservation benefits:
A. 
Fees. Certificate of appropriateness application fees may be waived pursuant to Chapter 1.09 SMC, Fees, for those applications which restore and rehabilitate the significant character of the structure.
B. 
Building Code Exceptions. Deviations from SMC Title 8, Buildings and Construction, will be allowed when the construction is in conformance with the State of California Historic Building Code.
C. 
Development Standards. Exceptions to development standards (including but not limited to setback, height, parking, coverage, or floor area ratio (FAR)) may be granted for legal nonconforming structures. The Planning Commission may grant an exception if the following findings can be made:
1. 
The exception is the continuation of an existing condition and the exception will not exceed the deviation already existing on the structure.
2. 
The exception would be more in character with the architectural character of the structure than adhering to the standard requirements.
3. 
The exception would not be in violation of the State Historic Building Code provisions for health and safety, would not be detrimental to any adjacent property and would not be injurious to public health, safety or welfare.
D. 
Additional Uses. Uses that are not normally allowed in a base zoning district may be allowed in structures that are located in a historic overlay district or listed on the local/State/National Historic Register, subject to a conditional use permit (Chapter 10.60 SMC). The Historic Preservation Commission shall review and make a recommendation on the proposed use(s) to the Planning Commission. The Planning Commission shall consider the recommendation of the Historic Preservation Commission and the impact of adaptive reuse proposals on the integrity of the historic structure and the neighborhood.
1. 
Required Findings. The Planning Commission shall not approve alternative uses pursuant to this section unless the following findings are made:
a. 
Exception to land use regulations is necessary to permit the preservation or restoration of a historic or architecturally significant structure or site;
b. 
Proposed use of historic or architecturally significant structure or site will require minimal alterations to structure;
c. 
The Secretary of the Interior's Standards for the Treatment of Historic Properties and any applicable State or local ordinances and adopted guidelines or other policies have been used to review and consider the proposed work;
d. 
A preservation agreement has been prepared and recorded specifying the uses allowed on subject property and preserving property from demolition;
e. 
The Historic Preservation Commission has considered the proposed use and recommends approval; and
f. 
A public hearing has been noticed and held in accordance with Chapters 10.60 (Conditional Use Permits) and 10.82 SMC (Public Notice and Hearings).
E. 
Parking. Uses in sites or structures within a historic overlay district or listed on local/State/National Historic Register may be eligible for reduced parking requirements, consistent with SMC § 10.40.110(D)(3) (Historic District Overlay) and 10.40.110(G) (Other Reductions).
F. 
Written Agreement. The granting of any exceptions shall be conditional upon a written agreement between the City and the property owner that ensures preservation of the structure's significant character. The agreement shall give the City the right to revoke the approval at any time the applicant has not complied with the conditions of approval. The agreement shall be recorded with the County Recorder.
G. 
Termination. The approval of exceptions from the standard code provisions for structures in a historic overlay district or listed on the local/State/National Historic Register is terminated when the structure is demolished, or when the structure is altered in a manner that destroys or diminishes the significant character of the structure. All benefits derived from approval shall be removed.
(Ord. 1167 § 2, 2003; Ord. 1261 § 30, 2018)
A. 
Misdemeanor. Any person who violates a requirement of this chapter or fails to obey an order issued by the City or comply with a condition of approval of any permit issued in compliance with this chapter shall be guilty of a misdemeanor and subject to the penalty provisions of Chapters 1.05 (Penalty Provisions) and 1.10 SMC (Administrative Penalties).
B. 
Violation and Restoration. Any person who alters, constructs, demolishes, or removes a historical resource in violation of this chapter shall be required to restore the object, site, or structure to its appearance or setting before the violation under the certificate of appropriateness procedures. Restoration processes include the recordation of existing conditions in scaled plan, elevation, and section documents along with photographic records of all elevations and site features. Any action to enforce this provision may be brought by the City or any other interested party. This civil remedy shall be in addition to, and not in lieu of, any criminal prosecution and penalty and any other remedy provided by law.
C. 
The City shall have the authority to withhold a building permit for a site if the City determines that a property deemed a historical resource under Public Resources Code Section 21084.1 and Title 14, California Code of Regulations, Section 15064.5, on the local historic register inventory, on the local/State/National Historic Register, or within a historic overlay district has been demolished or partially demolished without benefit of any required demolition permit. If the City makes this determination, the City shall also have the authority to record an affidavit with the County of Marin Recorder stating that no permits for any new development shall be issued on the property for up to five years.
(Ord. 1261 § 31, 2018)