§ 2.63.080. Procedures for certificate of appropriateness.

A.

No person owning, renting or occupying property that has been designated a Landmark or situated in a Landmark District, shall make any modification to such property unless a certificate of appropriateness has been issued authorizing such modification. All modifications made to Landmarks or properties within Landmark Districts require a certificate of appropriateness whether or not the alteration, demolition, removal or construction of such property requires a City permit.

B.

The Cultural Heritage Commission shall be responsible for considering and issuing certificates of appropriateness for substantial alterations made to City designated Landmarks or to contributing structures, buildings or sites within a Landmark District. For the purpose of this Section, "substantial alterations" shall mean an alteration that jeopardizes a structure's individual eligibility as a City designated landmark or as a contributing structure on the National Register of Historic Places, or its status as a contributing structure within a Landmark District, or the California Register of Historical Resources, such as, but not limited to:

1.

The addition, removal, alteration or substitution of defining architectural features, such that the building or structure is incapable of yielding important historical information about its period, including changes to the exterior siding (unless siding is replaced with siding of similar size and appearance), roof pitch, fenestration and the compatibility of additions in terms of general scale, massing, and materials.

2.

Isolation of a property or alteration of its setting such that the historic character and integrity are no longer reflected in the site. Examples may include the introduction of parking lots, removal of subsidiary buildings, or relocation of a structure from its original site.

3.

Use of surface cleaning or maintenance methods which endanger the building, structure, or object's historic building materials, such as sandblasting and improper masonry repointing.

The Director of Development Services shall be responsible for considering and issuing certificates of appropriateness within Landmark Districts in all other instances, including, but not limited to, the replacement of windows and doors (including screen doors) with like materials (e.g., wood window changed with wood or wood-clad window of similar aesthetics); replacement or repair of siding similar in size and appearance; replacement or repair of a porch or primary entry to the building or structure; replacement or repair of garage doors that are visible from the public right-of-way; or installation or repair of rain gutters.

C.

An applicant for a certificate of appropriateness shall file an application with the Cultural Heritage Commission or Director of Development Services, as appropriate. The application shall contain all facts and information necessary to properly consider the matter. The applicant shall also pay such fee as is established by resolution of the City Council.

D.

The Cultural Heritage Commission or, as appropriate, the Director of Development Services, shall only issue a certificate of appropriateness if it is determined that the proposed modification:

1.

Will not adversely affect any significant historical, cultural, architectural or aesthetic feature of the Landmark or subject property within the Landmark District and that issuance of the certificate of appropriateness is consistent with the spirit and intent of this Chapter.

2.

Will remedy any condition determined to be imminently dangerous or unsafe by the Fire Marshal and/or Building Official.

3.

Will comply with the Secretary of the Interior's Standards for the Treatment of Historic Properties and Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings.

4.

Will comply with the Design Guidelines for Landmark Districts, for a property located within a Landmark District.

E.

If the Cultural Heritage Commission or, if authorized, the Director of Development Services determines that the proposed modification will adversely affect any significant historical, cultural, architectural or aesthetic feature of the Landmark or concerned property within a Landmark District, the certificate of appropriateness shall be denied. If the Commission or the Director of Development Services finds that the adverse effects can be overcome by minor modifications to the application, a certificate of appropriateness with conditions may be issued.

F.

Once a certificate of appropriateness is issued, the applicant may proceed with the proposed modification, provided all other requirements of the City are met.

G.

The California State Historical Building Code, which is set forth in Sections 18950 to 18961, incusive, of Division 13, Part 2.7 of the Health and Safety Code, shall be used for any Landmark or contributing property within a Landmark District through the City's building permit procedure.

H.

The provisions of this Section shall not be construed so as to prevent the ordinary maintenance and repair of any exterior feature of a Landmark or property within a Landmark District; or to prevent the construction, reconstruction, alteration, restoration or demolition of any feature which is necessary to remedy an immediately unsafe or dangerous condition as determined by the Fire Department and/or Building Official excluding orders issued pursuant to Chapter 18.68 of this Code. In such cases, the work must be approved by the Director of Development Services, and no certificate of appropriateness shall be required.

The Director of Development Services shall determine whether or not the proposed work, alteration, construction or improvement constitutes ordinary maintenance and repair and is therefore exempt from the certificate of appropriateness requirement established by this Chapter.

I.

Notwithstanding any other provisions of this Chapter, a certificate of appropriateness shall become void unless construction relating to the modification is commenced within twelve (12) months of the date of issuance. Certificates of appropriateness may be renewed for a twelve (12) month period by applying to the Cultural Heritage Commission staff or to the Director of Development Services.

If the modification is not completed within twelve (12) months after the expiration of the last building permit, a new certificate of appropriateness shall be required.

( ORD-15-0038 § 1, 2015)