No City permit shall be issued for any purpose regulated by this title for a landmark until the proposed work or development has been approved or granted conditional approval by the City Council upon recommendation of the Historic Preservation Commission, the Cultural Resources Administrator, or the City Council on appeal, and then shall be issued only in conformity with such approval or conditional approval. Any exterior alteration that would require a certificate of appropriateness for a landmark shall require a certificate of appropriateness for a point of historical interest; however, the review process shall be conducted solely by the Cultural Resources Administrator and any resulting recommendations shall be nonbinding. All recommendations and decisions regarding certificates of appropriateness shall be made with the advice and counsel of a professional who meets the Secretary of the Interior's Qualifications.
(Ord. 910 Sec. 1, 2009)
A. 
No demolition permit shall be granted for any structure 50 years old or older until it has been evaluated and determined eligible or not eligible for designation as a landmark by a professional meeting the Secretary of Interior Qualifications for such determinations. Should the structure be determined eligible for designation as a landmark, a certificate of appropriateness shall be processed in accordance with this title. Costs, if any, for such evaluation shall be borne by the property owner.
B. 
No person, owner or other entity shall restore, rehabilitate, alter, develop, construct, demolish, remove or change the appearance of any landmark or point of historical interest without first having applied for and been granted a certificate of appropriateness by the City Council upon recommendation of the Historic Preservation Commission, or an administrative certificate of appropriateness by the Cultural Resources Administrator, or by the City Council on appeal.
C. 
Notwithstanding the language in the above subsection, nothing in this chapter shall prevent the construction, alteration, repair, restoration, stabilization or demolition of a landmark or point of historical interest if the building official has determined the cultural resource creates an unsafe or dangerous condition that constitutes an imminent threat as defined in the California Building Code, and the proposed action is necessary to mitigate the unsafe or dangerous condition. In such event no certificate of appropriateness shall be required. However, the building official shall make all reasonable efforts to consult with the Cultural Resources Administrator or his/her designated representative to determine if there are feasible alternatives to the proposed action that will adequately protect the public health and safety.
D. 
The following types of projects affecting a landmark may be reviewed and approved or conditionally approved for an administrative certificate of appropriateness by the Cultural Resources Administrator:
1. 
The in-kind replacement of historically correct architectural features or building elements, including windows, doors, exterior siding, porches, cornices, balustrades, stairs, and the like, that are deteriorated, damaged beyond restoration, or missing.
2. 
The in-kind replacement of historically correct site or landscape features that are deteriorated, damaged beyond restoration, or missing.
3. 
The replacement or repair of roof covering materials.
4. 
Fences and walls.
5. 
Awnings and building mounted signs.
6. 
Landscape alterations and installations, including the removal of trees not specifically designated or listed as contributing to a designated resource.
7. 
Paving for driveways, walkways and/or patios, and the addition of or alteration to driveway approaches.
8. 
Exterior colors.
9. 
Exterior lighting.
10. 
The removal of nonhistoric additions to restore the historic appearance of a structure.
E. 
All other projects affecting a landmark shall be subject to review and approval or conditional approval by the City Council upon recommendation of the Historic Preservation Commission.
F. 
Unless the interior of a landmark or contributing or noncontributing structure within a historic preservation overlay zone is specifically included in its designation, the provisions of this title shall apply only to exterior alterations and any interior alterations that would affect the exterior of a cultural resource.
G. 
A certificate of appropriateness shall not be required for the ordinary maintenance and repair of a landmark or point of historical interest.
H. 
The requirements of this chapter are in addition to any and all other City permit requirements.
(Ord. 910 Sec. 1, 2009)
The Cultural Resources Administrator may refer an administrative certificate of appropriateness application to the Historic Preservation Commission when he/she believes the importance of the landmark or the discrepancies between the proposal and the findings and standards of this chapter would justify a more public review. Any such referral shall be made within 10 days of the acceptance of a complete application by the Cultural Resources Administrator and shall be placed on the next available Historic Preservation Commission agenda.
(Ord. 910 Sec. 1, 2009)
A. 
All landmarks and points of historical interest shall be preserved against decay and deterioration, kept in a state of good repair, and free from structural defects. The purpose of this section is to prevent an owner or other person having legal custody and control over a property from facilitating demolition of a cultural resource by neglecting it and by permitting damage to it by weather and/or vandalism.
B. 
Consistent with other State and City codes requiring that buildings and structures be kept in good repair, the owner or other person having legal custody and control of a landmark or point of historical interest shall repair such building or structure in accordance with the standards and procedures of this title if it is found to have any of the following defects:
1. 
Building elements so attached that they may fall.
2. 
Deteriorated or inadequate foundations.
3. 
Deteriorated or inadequate flooring.
4. 
Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.
5. 
Members of ceilings or roofs which sag, split, or buckle due to defective materials or deterioration.
6. 
Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration.
7. 
Deteriorated, crumbling, or loose exterior plaster.
8. 
Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, floors, windows or doors.
9. 
Defective or lack of weather protection for exterior wall coverings, including lack of paint or other protective coverings.
10. 
Any fault, defect, or deterioration in the building which renders it structurally unsafe or not properly watertight.
C. 
If the Commission has reason to believe that a landmark or point of historical interest is being neglected and subject to damage from weather and/or vandalism, the City Council upon recommendation of the Historic Preservation Commission may direct the Cultural Resources Administrator to meet with the owner or other person having legal custody and control of the cultural resource and to discuss with them the ways to improve the condition of the property. The Cultural Resources Administrator shall provide a written record to the owner or other person having legal custody and control of the cultural resource of the deficiencies noted, the remedies discussed, and a timeline for accomplishing the repairs. If insufficient effort is made to correct any noted conditions thereafter, the Commission with the concurrence of the City Council may, at a noticed public hearing, make a formal request that the City take action to require corrections of defects in the cultural resource in order that such cultural resource may be preserved in accordance with this title.
(Ord. 910 Sec. 1, 2009)
The certificate of appropriateness or administrative certificate of appropriateness application shall be made on forms provided by the Cultural Resources Administrator. The application shall be accompanied by such fee as is required by resolution of the City Council. Applications shall include plans and specifications showing the design, materials, colors, landscaping, and irrigation relating to the proposed improvements. Where appropriate and required by the Cultural Resources Administrator, applications shall also show the relationship of the proposed work to the surrounding area. The Cultural Resources Administrator may require any additional information deemed necessary to make an informed judgment of the proposed work.
(Ord. 910 Sec. 1, 2009)
A. 
The Historic Preservation Commission, City Council, and/or Cultural Resources Administrator shall apply any adopted design guidelines and adhere to the following principles, which are based on the Secretary of the Interior's Standards for the Treatment of Historic Properties, when reviewing applications for certificates of appropriateness or administrative certificates or appropriateness:
1. 
The anticipated use for the property remains that for which it was originally intended or requires minimal alteration for the proposed reuse.
2. 
The distinguishing original qualities or character of a cultural resource and its environment shall not be compromised. The removal or alteration of any historic material or distinctive features should be avoided when possible.
3. 
All cultural resources shall be recognized as products of their own time. Alterations that have no historical basis and which seek to recreate an earlier appearance shall be discouraged.
4. 
Certain alterations which may have taken place in the course of time are potentially significant to understanding the history and development of a cultural resource and its environment. If such historic alterations have acquired significance in their own right, this significance shall be recognized and respected.
5. 
Distinctive stylistic features or examples of skilled craftsmanship which characterize a cultural resource shall be retained.
6. 
Deteriorated features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair and replacement of missing features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different elements from other sources.
7. 
Surface cleaning of cultural resources shall be undertaken with proven methods that will avoid damage to historic materials.
8. 
Contemporary design for alterations and additions shall not be discouraged when such alterations and additions do not compromise significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material and character of the cultural resource and its environs.
9. 
Whenever possible, new additions or alterations to the cultural resource shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the resource would be unimpaired.
10. 
Archaeological resources should be protected and preserved in place. If such resources will be disturbed, mitigation measures shall be undertaken in accordance with the California Environmental Quality Act (CEQA).
11. 
Any other Secretary of the Interior's Standards for the Treatment of Historic Properties may also be applied as appropriate.
B. 
The Historic Preservation Commission or Cultural Resources Administrator shall make the following findings, as applicable, in considering whether a certificate of appropriateness or administrative certificate of appropriateness should be granted or denied:
1. 
The proposed project is consistent or compatible with the architectural period and the character-defining features of the historic building.
2. 
The proposed project is compatible with existing adjacent or nearby cultural resources and their character-defining features.
3. 
The colors, textures, materials, fenestration, decorative features, details, height, scale, massing, and methods of construction proposed are consistent with the period and/or compatible with adjacent cultural resources.
4. 
The proposed change does not destroy or adversely affect an important architectural, historical, cultural or archaeological feature or features.
5. 
Such other standards as are adopted by resolution of the City Council upon recommendation of the Historic Preservation Commission.
(Ord. 910 Sec. 1, 2009)
The application shall be considered and acted upon by the Historic Preservation Commission within 45 days for certificates of appropriateness or by the Cultural Resources Administrator within 21 days for administrative certificates of appropriateness. Such time periods shall be calculated from the date on which a complete application is accepted by the Cultural Resources Administrator. However, such time periods shall be extended when necessary to comply with the provisions of the California Environmental Quality Act (CEQA) or with the written concurrence of the applicant. A public hearing shall be scheduled and notice provided per this title and CEQA, when applicable.
(Ord. 910 Sec. 1, 2009)
When the application is for permission to restore, rehabilitate, alter, develop, construct or change the appearance of any landmark the City Council, upon recommendation of the Historic Preservation Commission, the Cultural Resources Administrator, or the City Council on appeal may approve, grant conditional approval, or deny the application.
(Ord. 910 Sec. 1, 2009)
When the application is for an action that may cause a substantial adverse change to a landmark or point of historical interest, the application will be reviewed to determine if the proposed change would have a substantial adverse change to a cultural resource as defined by the California Environmental Quality Act (CEQA). If it is determined that potentially substantial adverse changes to a cultural resource cannot be effectively mitigated to a level of insignificance, no approval of any work which may cause a substantial adverse change to a cultural resource may be granted unless:
A. 
It is determined, pursuant to adopted City and State processes, that an immediate safety hazard exists and that demolition of the structure is the only feasible means to secure the public safety; or
B. 
It is determined by the City Council through the CEQA process that, taking into account the value of all available incentives and costs of rehabilitation and adaptive reuse alternatives, the property retains no substantial remaining market value or reasonable use. Costs of alterations made in violation of this chapter and thus without the benefit of an approved certificate of appropriateness, or by failure to maintain the property required by this title, shall not be included in the calculation of rehabilitation costs.
(Ord. 910 Sec. 1, 2009)
Any person aggrieved or affected by a recommendation of the Historic Preservation Commission or Cultural Resources Administrator to approve, conditionally approve or deny an application, or by the failure of the Commission to act within the required time limits may appeal to the City Council any time within 15 days after the date the Commission or Cultural Resources Administrator announces its decision or is required to announce its decision. An appeal shall be taken by filing a letter of appeal with the Cultural Resources Administrator and by concurrently paying to the City a fee in an amount established by City Council resolution. Such letter of appeal shall set forth the grounds upon which the appeal is based. Within 10 days after the receipt of the letter of appeal and the filing fee, the Cultural Resources Administrator shall transmit to the City Council the letter of appeal, copies of the application and all other papers constituting the record upon which the action was taken. The City Council may affirm, reverse or modify the decision of the Cultural Resources Administrator or the recommendation of the Historic Preservation Commission. Such action by the City Council shall be final.
(Ord. 910 Sec. 1, 2009)