§ 13-200.10. Maintenance, restoration, rehabilitation, relocation, alteration, development and demolition of cultural resources through the certificate of appropriateness process

(a) Maintenance. Every person in control and every owner of a cultural resource placed on the local Register of Historic Places and any appurtenant premises shall maintain and keep in good repair the exterior of such designated resources, all of the interior portions thereof when subject to regulation as specified in the designation resolution, and all interior portions whose maintenance is necessary to prevent deterioration or decay of any exterior architectural feature. This article shall be enforced by the city's Development Services Department.

(b) Application of the State Historic Building Code. Pursuant to the State of California Health and Safety Code, the development services director may apply the State Historical Building Code in permitting repairs, alterations, and additions necessary for the preservation, restoration, rehabilitation, moving, or continued use of a designated historic building.

(c) Certificate of appropriateness required. No person, owner, or other entity shall restore, rehabilitate, alter, develop, construct, demolish, remove or change the appearance of any cultural resource on the local Register of Historic Places without first having applied for and been granted a certificate of appropriateness to do so by the planning commission (or other commission/committee designated by the city council). The requirements of this article are in addition to any and all other city permit requirements. When the planning commission (or other commission/committee designated by the city council) or the city council has prepared and adopted a plan or specific design criteria or guidelines for the preservation of a landmark or historic district which sets forth particular development standards, an application for a certificate of appropriateness to do work consistent with the adopted plan development standards may be approved by the planning division. If the application is not approved by staff it shall be processed as set forth in this article.

(1) Application. The certificate of appropriateness application shall be made and processed in accordance with the procedures set forth in Chapter III, Planning Applications.

(2) Submittal requirements. Applications for certificates of appropriateness shall include:

a. Plans and specifications showing the proposed exterior appearance, type, and texture of materials and the proposed architectural design of the exterior of the building.

b. Where appropriate and required by the planning division, applications shall also show the relationship of the proposed work to the surrounding environs.

c. Such relevant information as to how the new improvement relates to the existing architectural style, scale, massing, site and streetscape, landscaping, and signage. The applicant shall submit any other information the planning division determines necessary to evaluate the application.

(3) Criteria. The planning commission (or other commission/committee designated by the city council) shall consider the following criteria when reviewing applications for certificates of appropriateness:

a. The anticipated use for the property remains that for which it was originally intended or requires minimal alteration of the building, structure, or site and its environment for the proposed reuse.

b. The distinguishing original qualities or character of a building, structure, or site and its environment shall not be compromised. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

c. All buildings, structures, and sites 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.

d. Certain alterations which may have taken place in the course of time may be potentially significant to understanding the history and development of a building, structure, or site and its environment. These historic alterations may have acquired significance in their own right and this significance shall be recognized and respected.

e. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be retained.

f. Deteriorated architectural 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 architectural features should be based on accurate duplications of features, substantiated by historical, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

g. Surface cleaning of historic buildings and structures shall be undertaken with methods that will avoid damage to the historic materials.

h. 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 when such design is compatible with the size, scale, color, massing, material, and character of the property, neighborhood or environment.

i. Whenever possible, new additions or alterations to the building or structure 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 historic building would be unimpaired.

(4) Findings. The planning commission (or other commission/committee designated by the city council), shall make the following findings, as applicable, in determining whether to grant or deny a certificate of appropriateness:

a. The proposed undertaking is consistent or compatible with the architectural period and the character-defining features of the historic building or structure;

b. The proposed undertaking is compatible with existing adjacent or nearby landmark properties and/or historic district properties and their character-defining features;

c. The colors, textures, materials, fenestration, decorative features and details, height, scale, massing, and methods of construction proposed are consistent with the period and/or are compatible with adjacent buildings; and

d. The proposed change does not destroy or adversely affect an important architectural, historical, cultural, or archaeological feature(s) or site(s).

(5) Review of substantial adverse changes. When the application is for an action that may cause a substantial adverse change to a designated cultural resource, the application shall be reviewed pursuant to adopted city procedures to determine if the proposed change would have a significant adverse environmental effect as defined by the California Environmental Quality Act (CEQA). Such activities are not categorically exempt from CEQA if the action may cause a significant adverse effect. Accordingly, no approval of any work which may cause a substantial adverse change to a cultural resource may be granted unless:

a. 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 article and thus without the benefit of an approved certificate of appropriateness, or by failure to maintain the property required by the article, shall not be included in the calculation of rehabilitation costs; or

b. It is determined pursuant to adopted city and state processes, that an immediate safety hazard exists and that demolition of the building is the only feasible means to secure the public safety.

(Ord. No. 99-17, § 2, 11-15-99)