19.37.060 Public hearings and decision.

   A.   Upon receipt of a complete application from a property owner for a landmark designation or designation of a landmark overlay zoning district, or upon initiation of a landmark designation or designation of a landmark overlay zoning district by the board or City Council, or upon referral of an application for a demolition or building permit for the major alteration of a building, structure, or object located within a landmark overlay zoning district from the Building Official to the Director, the Director shall set the matter, together with recommendations, for a public hearing before the board.

   B.   Board Recommendation on Landmark Designations. At the conclusion of the public hearing, the board shall make a written recommendation to the City Council whether to approve, approve in modified form, or deny the proposed landmark designation based upon the landmark significance criteria required by section 19.37.040 and, if applicable, whether to approve or deny the proposed demolition or major alteration pursuant to the findings in section 19.37.100.

   C.   Board Recommendation on Landmark Overlay Zoning Districts. At the conclusion of the public hearing, the board shall make a written recommendation to the City Council whether to approve, approve in modified form, or deny the proposed landmark overlay zoning district based upon the findings required by Chapter 19.06 and whether the resource meets the significance criteria for a landmark overlay zoning district required by section 19.37.040.

   D.   Proposed landmark designations and designations of landmark overlay zoning districts associated with projects which also require the issuance of a discretionary permit by the Commission or Council shall be reviewed by the board for a recommendation to the Commission or Council whether to approve or deny the proposed designation.

   E.   Upon receipt of the board's recommendation to the City Council regarding landmark designations and designations of landmark overlay zoning districts, the City Clerk shall set the matter for a public hearing before the City Council.

   F.   City Council Decision on Landmark Designations and Landmark Overlay Zoning Districts. At the conclusion of the public hearing, the City Council may adopt, modify, or reject the recommendations of the board. The significant features and characteristics of the nominated property or landmark overlay zoning district identified by the board, or the grounds for recommended approval or denial of a proposed demolition or major alteration, shall not be considered binding on the City Council, and nothing shall prevent or preclude the City Council from identifying different, additional or fewer significant features and characteristics of a landmark designation or modified boundaries of a landmark overlay zoning district, or different or additional grounds for approval or denial of a proposed demolition or major alteration. Adoption of any listing on, or deletion from, the Historic Resources Inventory, or the approval or denial of a proposed demolition or major alteration, shall be made by resolution containing findings of fact based upon the significance criteria established by section 19.37.040 and, if applicable, the findings in section 19.37.100.

(Ord. 2410 §18)

19.37.070 Landmark designations for properties listed on national or state historic registers.

   Properties listed on the National Register of Historic Places or the California Register of Historical Resources shall be subject to the protections and requirements of this chapter and are hereby listed on the Historic Resources Inventory subject to City Council approval.

(Ord. 2410 §18)

19.37.080 Amendment or removal from the Historic Resources Inventory.

   Amendments or removal of landmarks from the Historic Resources Inventory may be initiated by the property owner, Council, or board. All amendments or removal of landmarks from the Historic Resources Inventory shall be initiated by the submittal of an application to the Director and shall include supporting evidence that a resource no longer meets the significance criteria listed in section 19.37.040. Upon a recommendation from the board, the City Council may amend or remove historic resources listed on the Historic Resources Inventory by finding that a resource no longer meets the significance criteria listed in section 19.37.040.

(Ord. 2410 §18)

19.37.090 Stay of work.

   While the board’s recommendation regarding whether a property should be designated as a landmark is pending, or the City Council's decision regarding a designation is pending, a stay of work shall exist. During the stay of work, any work that would require a certificate of appropriateness or a certificate of demolition shall not be performed. The stay shall terminate upon the decision of the Council to approve in whole, in part, or deny in its entirety the proposed designation. The stay of work shall not exceed 180 calendar days from the date of commencement of the stay of work.

(Ord. 2410 §18)

19.37.100 Certificate of appropriateness and certificate of demolition.

   A.   No building or demolition permits for a major alteration shall be issued for any property listed on the Historic Resources Inventory without a certificate of appropriateness or a certificate of demolition approved by the board.

   B.   Filing of Application. Applications for a certificate of appropriateness or certificate of demolition for work to be performed on property listed on the Historic Resources Inventory shall be filed with the department. Applications shall include all necessary materials and information required by the application form as necessary to illustrate the existing property conditions and the proposed exterior alterations. Where required by the board or the Director, applications shall also illustrate or document the architectural character of surrounding structures in the neighborhood.

   C.   Findings. The following findings are required prior to approval of a certificate of appropriateness or certificate of demolition:

      1.   The proposed alterations or relocations do not detrimentally alter, destroy, or adversely affect the resource and, where applicable, are compatible with the architectural style of the existing surrounding structures;

      2.   The proposed alterations or relocations retain the essential elements that make the structure, site, or feature significant;

      3.   Any new construction conforms with any applicable design guidelines and, if the property is within a landmark overlay zoning district, does not adversely affect the character of the district or designated landmarks or historic sites within the historic overlay zoning district;

      4.   Any new construction is compatible with existing surroundings including the appropriateness of materials, scale, size, height, and placement;

      5.   Any demolition or removal is necessary because the structure or site is hazardous and repairs or stabilization are not physically or economically feasible; and

      6.   The site is required for a public use that will be a greater public benefit than the resource and there is no feasible alternative location for the public use.

   D.   Certificates of appropriateness and certificates of demolition for projects which also require the issuance of a discretionary permit by the Commission or Council shall be reviewed by the board for a recommendation to the Commission or Council whether to approve or deny the certificate of appropriateness or certificate of demolition.

(Ord. 2410 §18)

19.37.110 Economic hardship.

   If an applicant presents evidence to the board that denial of an application for a certificate of appropriateness or certificate of demolition will cause an economic hardship because of conditions peculiar to the particular structure or other feature involved, the board may approve or conditionally approve such application waiving the requirements of this chapter. A determination of economic hardship may be made only if the board finds that:

      1.   Denial of the application will diminish the value of the subject property so as to leave substantially no value; or

      2.   Sale or rental of the property is impractical, when compared to the cost of holding such property for uses permitted in the zoning district; or

      3.   Utilization of the property for lawful purposes is prohibited or impractical; or

      4.   Rental at a reasonable rate of return is not economically feasible.

(Ord. 2410 §18)

19.37.120 Exemptions.

   A.   Nothing in this chapter shall be construed to prevent the ordinary maintenance and repair of any exterior feature of a designated landmark or of a building, structure or object located on property located within a landmark overlay zoning district if the maintenance and repair does not involve a change in the exterior character-defining features of the historic resource, including the following activities which shall not require a certificate of appropriateness or certificate of demolition:

      1.   Repainting of surfaces that were originally painted and the color scheme is not a significant character-defining feature of the historic resource;

      2.   Routine cleaning and maintenance;

      3.   Window replacement, door replacement, and re-roofing with design elements that are consistent with the architectural style and era of the listed resource;

      4.   Landscape removal, replacement and enhancement, except as required by Chapters 16.66, 19.68 or 19.70;

      5.   New construction of accessory buildings or additional development as permitted by the primary zoning district, applicable development standards, or as part of an historic preservation incentive;

      6.   Dry rot repair of any exterior features with replacement materials that are compatible with the architectural style and era of the listed resource;

      7.   The addition, repair, or modification of exterior utility equipment including heating, venting and air conditioning units, evaporative coolers, electrical or gas meters, and hot water heater cabinets;

      8.   Swimming pools or driveways that do not substantially alter or diminish the resource's character-defining features or integrity;

      9.   Solar power equipment that does not substantially alter or diminish the resource's character-defining features or integrity, or which is located out of general public view; and

      10.   Minor alterations as defined by this chapter.

   B.   Unsafe or Dangerous Conditions. Any construction, reconstruction, alteration or removal of any feature determined by the Building Official to be necessary to protect public health or safety because of unsafe or dangerous conditions is exempt from the requirements of this chapter.

   C.   Secretary of the Interior's Standards - Exemption. Alterations or maintenance activities that are consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties are exempt from the requirements of this chapter.

(Ord. 2410 §18, Ord. 2440 §21)