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HomeMy WebLinkAboutStaff Report 5.C 01/09/2017DATE: January 9, 2017 Agenda Item #5.0 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Heather Hines, Planning Manager SUBJECT: Resolution Establishing Enabling Legislation for the Historic and Cultural Preservation Committee and Introduction of Ordinances amending Petaluma Municipal Code Chapter 2.30 and Implementing Zoning Ordinance Chapter 15 RECOMMENDATION It is recommended that the City Council: Adopt a Resolution establishing Enabling Legislation for the Historic and Cultural Preservation Committee; and • Introduce an Ordinance amending Petaluma Municipal Code Chapter 2.30 for consistency with the recommended enabling legislation; and • Introduce an Ordinance amending Implementing Zoning Ordinance Chapter 15 to clarify discretionary roles of the HCPC and Planning Commission associated with the City's historic and cultural resources. BACKGROUND Prior to the adoption of the Petaluma General Plan 2025 in 2008, the City had identified certification as a Certified Local Government (CLG) a priority and began working on the requirements for a successful application and positive recommendation from the State Historic Preservation Office (SHPO). Feedback from SHPO indicated that a primary challenge for Petaluma was the combined structure of the Planning Commission and Historic and Cultural Preservation Committee (HCPC) which in effect diluted the authority of the HCPC as a qualified board of experts to review items related to preservation. In their 2014 -2016 goals, the City Council again prioritized processing necessary code amendments to reconstitute the HCPC as a standalone committee in order to meet the 5 primary requirements for Certified Local Government certification. See page 2 of the HCPC staff report for a more detailed discussion of these requirements (Attachment 4). Planning Commission Action On November 29, 2016, the Planning Commission/Historic and Cultural Preservation Committee considered three resolutions and voted unanimously to approve the resolutions with recommendation to the City Council to approve enabling legislation that reconstitutes the HCPC as a committee separate from the Planning Commission and adopt associated amendments to PMC Section 2.30 and IZO Chapter 15. Discussion at the November 29th Planning Commission meeting was very positive about the proposed changes and anticipation for the benefits associated with CLG certification. There was also brief discussion acknowledging that the current package of amendments are focused solely on the reconstitution of the HCPC and that a more holistic package of amendments to IZO Chapter 15 is anticipated to be brought forward in 2017/2018 after the HCPC is created and new members seated. There was brief discussion about the recommendation for the new HCPC to be made up of five members instead of seven as is common in many of the City's commissions and committees. However, the HCPC was not opposed to the smaller group and appreciated the importance of the qualifications of such a specific committee and the benefit of attracting five qualified committee members versus seven. At least one of the current HCPC members questioned whether it was appropriate for the City Council to have a liaison position as is seen on several other existing committees. There was no public comment on this item at the November 29th HCPC hearing. DISCUSSION The proposed enabling legislation (Attachment 1) meets all minimum requirements of a Certified Local Government and is formatted similar to other Petaluma committees and commissions. Proposed modifications to Petaluma Municipal Code Section 2.30 are primarily associated with consistency with the recommended enabling legislation. Proposed changes to Chapter 15 of the Implementing Zoning Ordinance are focused solely on clarifying the role and review authority of the HCPC and the Planning Commission as two separate bodies. As previously mentioned, proposed modifications to Chapter 15 are not a full rewrite of the Chapter. Staff anticipates a holistic review and amendment to this chapter and the permit and process requirements to come before the HCPC, Planning Commission, and City Council for consideration in 2017/2018. The proposed text amendments and anticipated CLG certification will facilitate the City's ability to directly and indirectly satisfy several goals and objectives set forth in Chapter 3 of the 2025 General Plan, including 3 -P -1 -F (Pursue CLG Status), 3 -P -1 -L (Ensure City staff is well versed in historic preservation theory and practice), 3 -P -2 -E (Take advantage of CLG program benefits and grant funding), 3 -P -4 (Foster appreciation for Petaluma's heritage), 3 -P -4 -D (Provide opportunities for education about historic preservation), and 3 -P -5 -B (Ensure future plans, ordinance and planning efforts compliment historic preservation goals). A more detailed discussion of the CLG program and proposed modifications is outlined in the HCPC staff report (Attachment 4). 19 Environmental Review No physical development is proposed as part of the code modifications to reconstitute the HCPC. California Environmental Quality Act (CEQA) Section 21065 defines, in relevant part, a "project," as, "an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment." In considering whether the project would result in any reasonably foreseeable indirect physical changes to the environment, staff concluded, pursuant to CEQA Guidelines Section 15064, that it does not constitute a project and is therefore, not subject to CEQA. FINANCIAL IMPACTS The proposed amendments were prepared by staff under Base Level Service hours without any additional charge to the General Fund. ATTACHMENTS 1. Resolution Establishing Enabling Legislation to reconstitute the HCPC 2. Ordinance Amending PMC Section 2.30 Exhibit A Revised PMC Section 2.30 Clean Version 3. Ordinance Amending IZO Chapter 15 Exhibit A Revised IZO Chapter 15 Clean Version 4. HCPC Staff Report, November 29, 2016 5. HCPC Resolution No. 2016 -07 6. HCPC Resolution No: 2016 -08 7. HCPC Resolution No. 2016 -09 8. PMC Section 2.30 Redline 9. IZO Chapter 15 Redline IN ATTACHMENT 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA ESTABLISHING ENABLING LEGISLATION FOR THE HISTORIC AND CULTURAL PRESERVATION COMMITTEE WHEREAS, the City Council created the Historic and Cultural Preservation Committee ( "the Committee ") on May 6, 1974 by adopting Ordinance No. 1139 N.C.S, which added Chapter 2.30 to the Petaluma Municipal Code; and, WHEREAS, the City Council amended Section 2.30.030 of the Municipal Code to modify the Committee's duties relative to the Petaluma Historical Library /Museum on June 5, 1978 by adopting Ordinance No. 1302 N.C.S.; and, WHEREAS, the City Council amended Chapter 2.30 of the Municipal Code and revised the method of establishing membership and appointing members of the Committee on November 24, 1980 by adopting Ordinance No. 1447 N.C.S.; and, WHEREAS, the City Council modified the membership of the Committee to include the Planning Commission and two additional members, one representing the Petaluma Historical Museum and one representing Heritage Homes of Petaluma on July 6, 2009 by adopting Ordinance No. 233 8 N.C.S.; and, WHEREAS, the City Council wishes to modify the composition of the Committee and amend the mission, duties, and authority of the Committee. NOW THEREFORE, BE IT RESOLVED that: 1. Repeal. All previous resolutions relating to the City's Historic and Cultural Preservation Committee ( "Committee ") are repealed and superseded by this resolution to the extent that they contain provisions that conflict with this resolution. 2. Composition. The Committee shall consist of five voting members, as follows: • The Petaluma Museum/Heritage Homes may recommend appointment of one member to the City Council. • All five members shall be appointed by the City Council. • All five members shall be residents of Petaluma and have demonstrated interest, competence, or knowledge in historic preservation. • To the extent available in the City, at least two members shall be appointed from among professionals in the disciplines of architectural history, history, architecture, pre- historic and historic archeology, folklore, cultural anthropology, curation, conservation, landscape architecture, or related professions. 3. Duties /Authority. The committee shall have the duties as outlined generally in Section 2.30 of the Petaluma Municipal Code and the authority specifically as outlined in Section 15.020 of the Implementing Zoning Ordinance. 4. Terms. The term of office for all members appointed to the Committee shall be as follows: ATTACHMENT 1 • The member of the Committee recommended by the Petaluma Museum/Heritage Homes shall serve a one year term that shall run from the date of appointment to the thirtieth day of June, or until a successor is appointed. • The remaining four members of the Committee shall serve four year terms; except that, terms of up to two appointees may be of a lesser duration as the City Council may deem necessary and appropriate so that committee members' terms are staggered. 5. Vacancies. Upon the death, resignation, disability to perform the duties of a member of the Committee, or upon the loss of permanent residency from the City, or upon the failure to attend any meeting of the committee for three consecutive regular meetings, the Council shall review, and if found to be appropriate, declare the office of such member vacant thereupon appoint some qualified person to fill such vacancy for the unexpired term of such member. 6. Organization — Officers — Meetings. Within ten days after the appointment of the committee, they shall meet in regular session and organize by electing fi•om members of the committee a chair and vice - chair, who shall hold office for a term of one year. Thereafter, the committee shall meet in regular session as appropriate but not less than once per quarter at a specified regular time and location. 7. Rules and Regulations — Expenses or obligations limited. The committee shall have the right and duty to adopt such rules and regulations as it shall determine for the holding and conducting of its meetings and hearings and the selection of its officers and for the performance of any of its functions or responsibilities subject to all applicable requirements, including the Ralph M. Brown Act. 8. Quorum /Action. A quorum of three (3) voting members is required to meet and conduct business. Fewer than 3 members, or if no members are present, staff to the Committee may adjourn meetings of the Committee in accordance with all applicable requirements of the Ralph M. Brown Act (California Government Code Section 54950 et seq.). All actions or recommendations of the Committee shall be made at a meeting at which a quorum of the Committee is present and shall be made by majority vote of the members present. A tie vote shall constitute a no action on the motion, proposed action, or recommendation. 9. Staff. The City's Planning Manager and /or designees of said Manager shall serve as Committee staff and advise and support the Committee as appropriate in the performance of its duties. Attachment 2 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING SECTION 2.30 OF THE PETALUMA MUNICIPAL CODE (HISTORIC AND CULTURAL PRESERVATION COMMITTEE) PERTAINING TO THE MEMBERSHIP AND DUTIES OF THE HISTORIC AND CULTURAL PRESERVATION COMMITTEE WHEREAS, the City of Petaluma initiated a Text Amendment to modify Section 2.30 of the Petaluma Municipal Code to align with enabling legislation and reconstitution of the Historic and Cultural Preservation Committee to meet the requirements of the Certified Local Government program; and WHEREAS, at a duly noticed public hearing on November 29, 2016 the Historic and Cultural Preservation Committee /Planning Commission approved Resolution No 2016 -07 recommending to the Council approval of enabling legislation for the Historic and Cultural Preservation Committee to satisfy requirements of the Certified Local Government Program; and WHEREAS, the Historic and Cultural Preservation Committee /Planning Commission considered the staff report dated November 29, 2016, analyzing the amendments, including the CEQA determination included there in; and WHEREAS, pursuant to Implementing Zoning Ordinance §25.050, the City's Historic and Cultural Preservation Committee /Planning Commission held a duly noticed public hearing to consider the proposed amendments on November 29, 2016, at which time all interested parties had the opportunity to be heard; and WHEREAS, on November 29, 2016, the Historic and Cultural Preservation Committee /Planning Commission recommended approval of modifications to Section 2.30 of the Municipal Code as shown in Exhibit A; and WHEREAS, on January 9, 2017 the City Council held a duly noticed public hearing to consider the proposed Municipal Code Text Amendments; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. Findings. Based on the Historic and Cultural Preservation Committee /Planning Commission's recommendation, City staff report and public hearing, the City Council adopts the Municipal Code Text Amendments, as described above and set forth herein, based on the findings made below: 1. The proposed amendment to Section 2.30 of the Petaluma Municipal Code is consistent with the reconstituted Historic and Cultural Preservation Committee and requirements of the Certified Local Government Program and implements the Chapter 3 of the Petaluma General Plan. ar Attachment 2 2. The proposed text amendments to Section 2.30 of the Petaluma Municipal Code are consistent with the following General Plan policies and programs: Program 3-P-1 -F (Pursue CLG Status), Program 3 -P -1 -L (Historic Preservation Theory and Practice), Program 3 -P -2 -E (Advantages of CLG Program), Policy 3 -P -4 (Appreciation for Petaluma's Cultural Heritage), Program 3 -P -4 -D (Opportunities for Education), Program 3 -P -5 -B (Compliment Historic Preservation Goals). 3. The proposed Municipal Code Text Amendment is consistent with the public necessity, convenience and general welfare because it will enhance the city's ability to preserve cultural and historic resources, preserve the unique attributes of Petaluma that create a sense of unique identity for residents and visitors alike, and to improve and facilitate participation and understanding of preservation. 4. The requirements of the California Environmental Quality Act (CEQA) have been satisfied through the determination that no physical development is proposed as part of the code modifications to reconstitute the HCPC. California Environmental Quality Act (CEQA) Section 21065 defines, in relevant part, a "project," as, "an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment." In considering whether the project would result in any reasonably foreseeable indirect physical changes to the environment, staff concluded, pursuant to CEQA Guidelines Section 15064, that it does not constitute a project and is therefore, not subject to CEQA. Section 2. Municipal Code Section 2.30 is hereby amended as shown in Exhibit A. Section 4. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. Section 5. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 6. Posting /Publishing of Notice. The City Clerk is hereby directed to post and /or publish this ordinance or a synopsis of it for a period and in the manner required by the City Charter. INTRODUCED and ordered posted this 9th day of January, 2017. ADOPTED this [insert day] of [insert month], 2017 by the following vote: Ayes: Noes: Abstain: Absent: ATTEST: David Glass, Mayor APPROVED AS TO FORM: Claire Cooper, CMC, City Clerk Eric W. Danly, City Attorney Attachment 2 EXHIBIT A Chapter 2.30 HISTORIC AND CULTURAL PRESERVATION COMMITTEE 2.30.010 Established — Membership terms. A. There is created a historic and cultural preservation committee in and for the city of Petaluma. The composition and membership of the committee shall be as established by resolution of the city council. 2.30.020 Duties — Generally. The committee shall generally be responsible for the following and as further described in the city's zoning ordinance: A. To promote preservation of historic sites, landmarks, documents, paintings and objects associated with the history of Petaluma; B. To recommend to the planning commission that certain historic sites and landmarks be designated and /or acquired by the city; C. To administer the committee's responsibilities pertinent to the zoning ordinance of the city of Petaluma; D. To advise the city council on the administration of historic sites and landmarks, as may be acquired by the city of Petaluma; E. To advise the city council on the acceptance of gifts consisting of documents, paintings and other objects of historic value, as well as money when the same is given to be used for the acquisition of property, real or personal, of historic interest, except for the donations, purchases and acceptance of gifts for the Petaluma Historical Library- Museum; F. To recommend to the city council the documents, paintings, and object of special historic value associated with the history of the city, to be acquired by the city, except for the donations, purchases and acceptance of gifts for the Petaluma Historical Library- Museum; G. To advise the city council on all matters relating to the historic and cultural preservation of the city. A -1 Attachment 3 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300 N.C.S., CHAPTER 15 (PRESERVATION OF THE HISTORIC AND CULTURAL ENVIRONMENT) PERTAINING TO THE REVIEW AUTHORITY OF THE HISTORIC AND CULTURAL PRESERVATION COMMITTEE AND THE PLANNING COMMISSION IN RELATIONSHIP TO THE RECONSTITUTED HISTORIC AND CULTURAL PRESERVATION COMMITTEE WHEREAS, the City of Petaluma initiated a Zoning Text Amendment to modify Chapter 15 of the Implementing Zoning Ordinance to define the appropriate review authority of the Historic and Cultural Preservation Committee and the Planning Commission pertaining to the City's historic resources and to align with a reconstituted Historic and Cultural Preservation Committee to meet the requirements of the Certified Local Government program); and, WHEREAS, at a duly noticed public hearing on November 29, 2016 the Historic and Cultural Preservation Committee /Planning Commission approved Resolution No 2016 -07 recommending to the Council approval of enabling legislation for the Historic and Cultural Preservation Committee to satisfy requirements of the Certified Local Government Program; and WHEREAS, at a duly noticed public hearing on November 29, 2106 the Historic and Cultural Preservation Committee /Planning Commission approved Resolution No. 2016 -08 recommending to the Council approval of modifications to Municipal Code Section 2.30 (Historic and Cultural Preservation Committee); and WHEREAS, pursuant to Implementing Zoning Ordinance §25.050, the City's Historic and Cultural Preservation Committee /Planning Commission held a duly noticed public hearing to consider the proposed amendments on November 29, 2016, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Historic and Cultural Preservation Committee /Planning Commission considered the staff report dated November 29, 2016, analyzing the amendments, including the CEQA determination included therein; and WHEREAS, Implementing Zoning Ordinance §25.010 provides for Zoning Text amendments; and WHEREAS, on November 29, 2016, the Historic and Cultural Preservation Committee /Planning Commission recommended approval of modifications to IZO Chapter 15 as shown in Exhibit 1; and WHEREAS, on January 9, 2017 the City Council held a duly noticed public hearing to consider the proposed Zoning Text Amendments; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Attachment 3 Section 1. Findings. Pursuant to Implementing Zoning Ordinance, Chapter 25, based on the Historic and Cultural Preservation Committee /Planning Commission's recommendation, City staff report and public hearing, the City Council adopts the Zoning Text Amendments, as described above and set forth herein, based on the findings made below: 1. The proposed amendment to the Implementing Zoning Ordinance Chapter 15 to clarify and modify the review authority of the Historic and Cultural Preservation Committee and Planning Commission is consistent with the reconstituted Historic and Cultural Preservation Committee and requirements of the Certified Local Government Program and implements the Chapter 3 of the Petaluma General Plan. 2. The proposed text amendments to IZO Chapter 15 are consistent with the following General Plan policies and programs: Program 3 -P -1 -F (Pursue CLG Status), Program 3- P -1 -L (Historic Preservation Theory and Practice), Program 3 -P -2 -E (Advantages of CLG Program), Policy 3 -P -4 (Appreciation for Petaluma's Cultural Heritage), Program 3 -P -4 -D (Opportunities for Education), Program 3 -P -5 -B (Compliment Historic Preservation Goals). 3. The proposed Zoning Text Amendment is consistent with the public necessity, convenience and general welfare because it will enhance the city's ability to preserve cultural and historic resources, preserve the unique attributes of Petaluma that create a sense of unique identity for residents and visitors alike, and to improve and facilitate participation and understanding of preservation. 4. The requirements of the California Environmental Quality Act (CEQA) have been satisfied through the determination that no physical development is proposed as part of the code modifications to reconstitute the HCPC. California Environmental Quality Act (CEQA) Section 21065 defines, in relevant part, a "project," as, "an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment." In considering whether the project would result in any reasonably foreseeable indirect physical changes to the environment, staff concluded, pursuant to CEQA Guidelines Section 15064, that it does not constitute a project and is therefore, not subject to CEQA. Section 2. Implementing Zoning Ordinance Chapter 15 is hereby amended as shown in Exhibit A. Section 4. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. Section 5. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. 3 — �) Attachment 3 Section 6. Posting /Publishing of Notice. The City Clerk is hereby directed to post and /or publish this ordinance or a synopsis of it for a period and in the manner required by the City Charter. INTRODUCED and ordered posted this 9th day of January, 2017. ADOPTED this [insert day] of [insert month], 2017 by the following vote: Ayes: Noes: Abstain: Absent: EXHIBIT A Chapter 15 Preservation of the Cultural and Historic Environment 15.010 — Purpose It is hereby found that structures, sites and areas of special character of special historic, architectural or aesthetic interest or value have been and continue to be unnecessarily destroyed or impaired, despite the feasibility of preserving them. It is further found that the public health, safety, and welfare require prevention of needless destruction and impairment, and promotion of the economic utilization and discouragement of the decay and desuetude of such structures, sites and areas. The purpose of this Chapter is to promote the health, safety, and general welfare of the public through: A. The protection, enhancement, perpetuation, and use of buildings, structures, sites, objects, and districts, including archaeological sites, that are reminders of past eras, events, and persons important to local, state, or national history, or which provide significant examples of architectural styles of the past or area landmarks in the history of architecture, or which are unique and irreplaceable assets to the City and its neighborhoods, or which provide for this and future generations examples of the physical surroundings in which past generations lived. B. The development and maintenance of appropriate settings and environments for such structures. C. The enhancement of property values, the stabilization of neighborhoods and areas of the City, the increase of economic and financial benefits to the City and its inhabitants, and the promotion of tourist trade and interest. D. The enrichment of human life in its educational and cultural dimensions by serving aesthetic as well as material needs and fostering knowledge of the living heritage of the past. 15.020 - Powers and Duties of the Historic and Cultural Preservation Committee and Planning Commission A. The Historic and Cultural Preservation Committee: 1. Shall hear and approve, approve with modifications, or disapprove permit applications for construction, alteration, demolition, and repair or maintenance work to a designated landmark site or structure in accordance with Section 15.050(A) of this Chapter, 2. Shall hear and approve, approve with modifications, or disapprove applications for construction, alteration, demolition, and repair or maintenance work on structures or sites within historic districts, as provided in Sections 15.050 and 15.070 of this Chapter. 3. Shall hear and make determination on applications for demolition as provided in Section 15.060 of this Chapter. 4. Shall hear and made determination on referrals as provided in Section 15.090 of this Chapter. 5. Shall hear and make a recommendation to the Planning Commission, as required by this Article, on applications for the designation of landmarks and historic districts. Shall hear and make a recommendation to the Planning Commission on applications for zoning amendments related to this Chapter or other associated preservation related items. 7. May establish and maintain a list of structures and other landmarks deserving official recognition although not designated as landmarks or historic districts, and recommend appropriate measures for recognition. 8. May, upon the request of the property owner, advise with respect to any proposed work not requiring a City permit on a designated landmark site or in a designated historic district. Examples of the work included but not limited to painting and repainting of exterior surfaces, roofing, fencing, landscaping, glazing, and installation of light fixtures. In advising, the Historic and Cultural Preservation Committee shall be guided by the purposes and standards specified in this Chapter. Ordinance No. 2300 N.C.S. 15 -1 A -t B. The Planning Commission: Shall, after receiving recommendation from the Historic and Cultural Preservation Committee and conducting a public hearing, make a recommendation to the City Council, concerning designation of landmarks and historic districts, as provided in Section 15.040(G) of this Chapter. 2. Shall, after receiving recommendation from the Historic and Cultural Preservation Committee and conducting a public hearing, make a recommendation to the City Council concerning zoning text amendments related to this Chapter. 3. Shall consider the decision of the Historic and Cultural Preservation Committee on any permit as part of a project that also requires discretionary review by the Planning Commission to avoid conflict between preservation practice and use or legislative decisions to the extent practicable. C. Both the Planning Commission and the Historic and Cultural Preservation Committee may consult with and shall consider the ideas and recommendations of recognized historic preservation organizations, and in cases affecting commercial property, the affected business community, and obtain professional advice as may be deemed necessary. D. When discretionary actions by both the Planning Commission and the Historic and Cultural Preservation Committee are required for a single project, the two bodies may consider their respective entitlements in a joint hearing as long as all applicable requirements of the ordinance and applicable law are met by such a joint hearing. 15.030- Recognized Historic Preservation Organization Recognized historic preservation organizations are defined as registered nonprofit organizations composed of citizens interested in historic preservation. 15.040 - Designation of Landmarks and Historic District by Ordinance A. Landmarks shall be defined as buildings or sites listed on the State Office of Historic Preservation's directory of historic properties (i.e., Historic Properties Data Inventory), or designated by the City as a local landmark, except that building or sites located within the National Register Historic District shall not automatically be considered to be a landmark, unless individually so designated by the City Council in accordance with the provisions of this Chapter. B. The City Council may by ordinance designate: One or more individual structures or other features, or integrated groups of structures and features on one or more lots or sites, having a special character or special historical, architectural, or aesthetic interest or value, as landmarks, and shall designate a landmark site for each landmark. 2. One or more areas containing a number of structures having special character or special historical architectural or aesthetic interesting value, and constituting distinct sections of the City, as historic districts. C. Each designating ordinance shall include a description of the characteristics of the landmark or historic district which justify its designation, and a list of any particular features in addition to those features which would be affected by work described in Section 15.050(A1 -2) that are to be preserved, and shall specify the location and boundaries of the landmark site or historic district, D. The property designated as a landmark or a historic district shall be subject to the control and standards contained in this Chapter. In addition, the property shall be subject to the following further controls and standards if imposed by the designating ordinance: Ordinance No. 2300 N.C.S. 15 -2 A--)- 1. For a publicly owned-landmark, review of proposed changes in major interior architectural features. 2. For a historic district, such further controls and standards as the City Council finds necessary or desirable, including, but not limited to, facade, setbacks, and height controls. E. The City Council may amend or rescind a designation only by ordinance. The procedure for amending or rescinding a designation shall be the same as that for the original designation. F. Initiation of Designation. Initiation of designation proceedings shall be by resolution of the City Council, or by the written application of the property owners. The Planning Commission or the Historic and Cultural Preservation Committee may initiate and recommend the designation of a landmark or historic district to the City Council. Applications for designations shall be filed with the Community Development Department upon forms prescribed by the Director and shall be accompanied by all data required by the Planning Commission. An application for designation of a historic district must be described by or on behalf of at least fifty -one percent (51 %) of the property owners in the proposed district. The date of initiation is the date the resolution is adopted or a valid application is filed. G. Procedure. Where Planning Commission and City Council hearings are required, the proceedings for recommendation and for referral in cases where the City Council does not support the recommendation, shall be the same as those provided in Chapter 25 (Amendments) for rezoning. H. Hearing by Historic and Cultural Preservation Committee and Planning Commission. The Historic and Cultural Preservation Committee and the Planning Commission shall hold public hearings on a proposal to designate a landmark or historic district, with notice given as provided for rezonings in Section 25.050(A). Notice shall also be mailed to recognized historic preservation organizations. Action and Time Limit. The Historic and Cultural Preservation Committee shall make a recommendation to the Planning Commission on the designation. The Planning Commission shall consider the degree of conformity of the proposed designation with the purposes and standards of this Chapter and the General Plan. The Planning Commission shall make a recommendation to the City Council to approve, approve with modifications, or disapprove the proposal within one hundred twenty (120) days after the initiation of designation proceedings. If the Planning Commission disapproves the proposal, no further action shall be required unless appealed. 2. Notice of Action. The Planning Commission shall promptly notify the applicant of action taken. If the Planning Commission approves or modifies the proposed designation in whole or in part, it shall transmit the proposal, together with a copy of the resolution of approval, to the City Council. I. Designation by City Council. The City Council shall hold a public hearing concerning the designation. Notice of time and place of the hearing shall be given in the time and manner provided for the giving of notice of the hearing by the Commission. The City Council may approve, or modify and approve, or deny the designation. J. Notice of Designation by City Council. When a landmark or historic district has been designated by the City Council, the City Clerk shall promptly notify the owners of the property included therein. The City Clerk shall cause a copy of the designating ordinance, or notice thereof, to be recorded in the office of the County Recorder. K. Conformity Required. Construction, alteration, demolition, repair, maintenance, or removal work for which a City permit is required is prohibited on a designated landmark site or in a designated historic district unless reviewed by the Historic and Cultural Preservation Commission and /or approved by the Planning Commission, as provided in Section 15.050 and 15.070, or unless the work conforms with the provisions of Section 15.100(6), Unsafe or Dangerous Conditions. Ordinance No. 2300 N.C.S. 15 -3 4-3 15.050 - Review of Permit Applications to Construct or Alter Designated Structures or Structures in Designated Areas A. Permit Required for Work to a Designated Landmark Site or Structure. No person shall do any work listed below to a designated landmark site or structure without first obtaining review and permit approval from the Historic and Cultural Preservation Committee. The work listed below on any structure or site within a designated historic district, shall require approval of the Historic and Cultural Preservation Committee, pursuant to procedures in Section 24.010 et al. 1. Exterior alterations, as defined below, shall be subject to review and approval by the Historic and Cultural Preservation Committee. Alterations of a minor nature, as defined below, shall be subject to administrative review and approval, and shall not require public noticing. 2. Alteration shall be defined as any change, including repair or replacement of damaged or worn materials, to the exterior appearance of a building, and shall include, but is not limited to, finish materials; windows; doors; signs, including the removal, repair, or repainting of historic signs; awnings; threshold materials; and change in paint colors. Alteration shall also include, but is not limited to, proposals which affect the streetscape, such as landscaping; light poles; outdoor use areas; and mechanical equipment. 3. Minor nature shall be defined to include, but is not limited to, alterations which involve routine maintenance, paint touch -up, or repainting with same colors, which does not substantially change the existing appearance of the structure. Exterior alterations of a minor nature should follow the recommendations of the Petaluma Historic Commercial District Design Guidelines. B. Application for Permit. The Department shall maintain a current record of designated landmarks and historic districts, and such lists shall be referred to by the Building Division before issuance of permits. Applications for permits to do work for which a permit is required by Section 15.050(A) shall be submitted to the Department for processing. Application shall include plans and specifications showing the proposed exterior appearance, color, and texture of materials, and the proposed architectural design of the exterior of the structure. Where required by the Historic and Cultural Preservation Committee, applications shall also show the relationship of the proposed work to the environs. If the application does not provide sufficient information for review by the Historic and Cultural Preservation Committee, the Department shall require the omitted information from the applicant. C. Procedure. Where Historic and Cultural Preservation Committee hearings are provided for by this Chapter, the proceedings for action, referral and appeal shall be the same as those provided in Section 24.030(E) and (F) for conditional use permits. D. Hearing by Planning Commission. The Historic and Cultural Preservation Committee shall hold a public hearing on the applications for modifications to landmark sites per Section 15.050(A). Notice of such hearing is to be given as required for conditional use permits in Section 24.030(E) and (F) and shall include written notice to recognized historical preservation organizations. 15.060 - Review of Applications for Demolition Permits A. Applications for Demolition Permits. Applications for demolition permits shall be referred to the Historic and Cultural Preservation Committee for review and determination, when the Director determines that a structure has potential historic or cultural significance. The following exceptions to this provision shall apply: permits for buildings posing an immediate danger to the public safety, health and welfare, as determined by the Director and the Chief Building Official, and /or applications of a routine, minor nature not warranting further review, as determined by the Director. When demolition of a historic structure is permitted, the applicant shall be required to salvage, to the extent possible, building materials, fixtures, doors, and other items of a historic nature, for reuse or Ordinance No. 2300 N.C.S. 15 -4 %4 -4 to be made available to interested parties. When determining whether a structure has potential historic or cultural significance, the Director may require the property owner to submit an official evaluation of the property prepared by a qualified historian or archaeologist, and may use the following California Register of Historical Resources criteria, which states that a resource may be significant if it is: 1. Associated with events that have made a significant contribution to the broad patterns of local or regional history, or the cultural heritage of California or the United States; 2. Associated with the lives of persons important to local, California, or national history; 3. Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic value; or 4. Has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California, or the nation. B. Findings. 1. Finding of No Significance. If the Historic and Cultural Preservation Committee determines that a structure is not culturally or historically significant, the application shall be returned to the Director with a finding of no significance and the demolition permit shall be issued. 2. Finding of Significance. In cases where the Historic and Cultural Preservation Committee determines the structure has cultural or historical significance, the Committee shall make the findings as outlined below, deny the application for demolition, except as provided in Section 15.080 of this Chapter, and shall forward its decision to the Director, Mandatory findings of significance are as follows: a. The structure is of historical/cultural significance when listed on a local, state, or national register or survey. b. The structure is eligible for listing on a local, state, or national register or survey. c. Demolition of said structure will be detrimental to the aesthetic and /or economic vitality of the community. d. Any of the criteria used by the Director to determine the historical or cultural significance of the property. 15.070 - Review of Applications to Construct, Alter, or Demolish Designated Structures or Structures in Designated Areas A. Standards for Review. When evaluating applications, the Historic and Cultural Preservation Committee shall use the California Register of Historic Resources criteria outlined in Section 15.060(A)(1 -4), the Secretary of the Interiors Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and shall consider the architectural style of the building, design, arrangement, relationship to surrounding buildings and historic character of the area, texture, materials, color, and any other pertinent factors. Applications shall not be approved unless: 1. Landmark Sites. The proposed work shall not adversely affect the exterior architectural characteristics or other features of the landmark, and, where specified in the designating ordinance for a publicly owned landmark, its major interior architectural features, nor adversely affect the character or historical, architectural, or aesthetic interest or value of the landmark and its site. 2. Historic Districts. The proposed work shall not adversely affect the exterior architectural characteristics Ordinance No. 2300 N.C.S. 15 -5 —5 or other features of the property which is the subject of the application, nor adversely affect its relationship in terms of harmony and appropriateness with its surroundings, including neighboring structures, nor adversely affect the character, or the historical, architectural, or aesthetic interest or value of the district. In addition, applications shall be consistent with. standards included in the designating ordinance. 15.080 - Showing of Hardship in Cases of Proposed Alteration, Demolition, or Construction If the applicant presents facts clearly demonstrating to the satisfaction of the authorized reviewing body that failure to approve the application will cause immediate and substantial hardship because of conditions peculiar to the particular structure or other features involved and not created by an act of the owner, the reviewing body may approve such application even though it does not meet the standards set forth in either this chapter or designating ordinance. In this context, personal, family or financial difficulties, loss of prospective profits and neighboring violations are not justifiable hardships. The reviewing body may require the applicant to provide documentation, such as structural engineering reports, verifying hardship. 15.090 — Director Referral to Historic and Cultural Preservation Committee The Director may refer other projects which are not designated as landmarks or which are not located within an historic district, to the Historic and Cultural Preservation Committee for approval upon determining that the site or structure may be of historic or cultural significance, in accordance with any of the findings listed under Section 15.060 (A)(1 -4), of this Chapter. 15.100 - Applicability and Enforcement A. Applicability. No application for a permit to construct, alter, demolish, or remove any structure or other feature on a proposed landmark site or in a proposed historic district, filed subsequent to the date of initiation or proceedings to designate the landmark site or historic district, shall be approved while the proceedings are pending; provided, however, that if final action on the designation has not been completed one hundred eighty (180) days after initiation of designation proceedings, the permit application may be approved. 2. The provisions of this Chapter shall be inapplicable to the construction, alteration, demolition, or removal of any structure or other feature of a landmark site or in a historic district, where a permit for the performance of such work was issued prior to initiation of proceedings for designation of the landmark site or historic district, and where such permit has not expired or been canceled or revoked, provided that construction is started and diligently prosecuted to completion in accordance with the Building Code. Unsafe or Dangerous Conditions. None of the provisions of this Chapter shall prevent any measures or construction, alteration, or demolition necessary to correct the unsafe or dangerous condition of any structure, other feature, or part thereof, where such condition has been declared unsafe or dangerous by the Chief Building Official or the Fire Marshal, and where the proposed measures have been declared necessary by such official to correct the said condition; provided, however, that only such work as is absolutely necessary to correct the unsafe or dangerous condition and as is done with due regard for preservation of the appearance of the structure involved, may be performed pursuant to this section. In the event any structure or other feature shall be damaged by fire, or other calamity, or by act of God, to such an extent that in the opinion of the aforesaid officials it cannot be reasonably repaired and restored, it may be removed in conformity with normal permit procedures and applicable laws, C. Duty to Keep in Good Repair. The owner, lessee, and other person in actual charge or possession of a landmark, a structure in a historic district, or any other cultural or historically significant property, shall keep in good repair all of the exterior portions of such landmark or structure, all of the interior portions thereof when subject to control as specified in the designating ordinance, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior portion. D. Filing Fees. There shall be no filing fees beyond those required by other sections of the City Code for any Ordinance No. 2300 N.C.S. 15 -6 14 —(D application, or to commence any proceedings under this Chapter. E. Methods of Enforcement. This section shall be enforced in accordance with the provisions of Section 26.010 and Section 26.020 of the Zoning Ordinance and Section 1.08.010 of the Petaluma Municipal Code dated January 1972. The Director shall have the authority to implement the enforcement thereof by serving notice requiring the removal of any violation of this Chapter upon the owner, agent, tenant, or occupant of the building or land, or upon the architect, builder, contractor, or other person who commits or assists in any such violation. 15.110 - Adoption of Design Guidelines The City Council may, by resolution, adopt design guidelines and preservation guidelines to be applied to an historic district. Major amendment to such guidelines shall be by resolution of the City Council, Minor amendments which do not affect the intent of the Guidelines or result in a substantial change to standards or recommendations may be administered by staff. Ordinance No. 2300 N.C.S. 15 -7 ATTACHMENT 4 nft 1i°S�� DATE: November 29, 2016 Agenda Item #7A TO: Historic and Cultural Preservation Committee FROM: Lilly Bianco, Associate Planner REVIEWED BY: Heather Hines, Planning Manager SUBJECT: HCPC Enabling Legislation, Text Amendments to Petaluma Municipal Code Chapter 2.30 and Chapter 15 of the Implementing Zoning Ordinance to reconstitute the Historic and Cultural Preservation Committee (HCPC) RECOMMENDATION It is recommended that the Planning Commission approve the following: 1. A resolution recommending that the City Council establish enabling legislation to reconstitute the HCPC in accordance with the requirements of the Certified Local Government Procedures (Attachment A); and 2. A resolution recommending that the City Council approve text amendments to Petaluma Municipal Code Chapter 2.30 for consistency with recommended enabling legislation (Attachment B); and 3. A resolution recommending that the City Council approved text amendments to Implementing Zoning Ordinance Chapter 15 to clarify discretionary roles of the HCPC and the Planning Commission associated with the City's historic and cultural resources (Attachment C). BACKGROUND In 2007/2008, planning staff, with support from the Historic and Cultural Preservation Committee (HCPC) and City Manager, commenced the process of applying for certification as a Certified Local Government (CLG). The CLG Program is a nationwide program established in 1980 as an amendment to the National Historic Preservation Act of 1966. The program is intended as a partnership between local governments, the State Historic Preservation Office (SHPO), and the National Park Service (NPS). It was designed to aid local governments and encourages direct participation of local governments in the identification, evaluation, and registration of historic properties. Due to events beyond the City's control the CLG designation process did not continue through to completion. Recent assessment of the City's preservation program and identification of Page 1 opportunities and constraints has created a renewed interest in pursuing CLG certification. It is expected that CLG certification would allow the City to bolster its preservation program and have a greater impact in the preservation of the City's cultural and historic resources. There are five primary requirements that a City must demonstrate compliance with in order to be eligible for certification: 1. Adopt a local preservation ordinance The City satisfies this requirement with the adopted Implementing Zoning Ordinance Chapter 15, 2. Establish an adequate and qualified historic review board Although the Petaluma Municipal Code Section 2.30 establishes a Historic and Cultural Preservation Committee, the committee as currently constituted does not meet the requirements for CLG certification. As discussed in greater detail below, the modifications currently before the HCPC for consideration and recommendation would reconstitute the committee to comply with CLG requirements. 3. Prepare a comprehensive local historic preservation plan The City satisfies this requirement with the adopted Petaluma General Plan 2025, Chapter 3, Historic Preservation. 4. Provide for adequate public participation in the preservation program The City satisfies this requirement through the currently adopted process for designation of historic districts and local landmarks as well as review requirements for modifications to designated resources which provides for public noticing and opportunity for participation and input in a variety of ways. 5. Maintain a system for survey and inventory of historic properties The City satisfies this requirement with records from past surveys, recordation of all designated landmarks, maintenance of lists of recognized resources, and use of the City's GIS data to maintain adequate records of resources. Although many of the city's surveys are outdated, CLG certification will make the city eligible for grant fitnds fog° such tasks as new survey updates. As outlined in italics beneath each of the criteria, the City of Petaluma is already in compliance with the majority of the CLG requirements. The one item that the City is not currently in compliance with is the composition of the Historic and Cultural Preservation Committee. Although the city has a recognized committee, under its current formation it does not meet the following CLG criteria in full: Page 2 M • Membership of at least five members with demonstrated interest, competence, or knowledge in historic preservation • At least two commission members are encouraged to be appointed from among professionals in the disciplines of history, architecture, architectural history, planning, pre - historic and historic archeology, folklore, cultural anthropology, curation, conservation, and landscape architecture or related disciplines, such as urban planning, American studies, American civilization, or cultural geography, to the extent that such professionals are available in the community • Commission membership may also include lay members who have demonstrated special interests, competence, experience, or knowledge in historic preservation • Commission members shall be appointed by the chief elected local official, city council, or board of supervisors consistent with the provisions of the preservation ordinance • The appointing authority shall make interim appointments to fill unexpired terms in the event of vacancies occurring during the term of members of the commission • The commission shall meet at least four times a year In addition, conversations with the California Office of Historic Preservation (SHPO) informed staff that the SHPO would not support a recommendation to the National Park Service for Petaluma certification as a CLG based on the following concerns: • The HCPC should ultimately reflect a special interest (historic preservation) and the current configuration as a combined committee with the Planning Commission dilutes the committee's specialized qualifications and authority; and • The hierarchal nature of the current configuration provides the Planning Commission with a greater level of discretion and authority over review of historic resources than the HCPC; and • Inequity with allowing a specific group (Petaluma Historical Museum/Heritage Homes) to appoint a member(s) of the committee. • Preference for the HCPC to have more discretionary power in items related to the preservation of the City's cultural and historic resources. To fully comply with this requirement and be eligible for CLG certification these requirements have been incorporated into the amendments before the HCPC for consideration (Attachment A). The draft enabling authority reconstitutes the HCPC separate from the Planning Commission and provides for all of the requirements of the CLG program. Staff has retained the option for one member of the committee to be recommended by the Petaluma Historical Museum/Heritage Homes with the ultimate appointment authority retained by the City Council. Proposed amendments to IZO Chapter 15 (Exhibit 2 of Attachment C) more clearly define the authority of the HCPC and Planning Commission as it pertains to cultural and historic resources with the majority of review authority designated to the HCPC as the city's specialized authority. Projects that include a legislative entitlement such as designation of a landmark by ordinance requires HCPC recommendation to Planning Commission followed by Planning Commission Page 3 recommendation to City Council, as required for all zoning amendments pursuant to the Implementing Zoning Ordinance. The proposed text amendments are limited to updates needed to reconstitute the HCPC and satisfy minimum requirements for CLG eligibility. Once the reconstituted HCPC is seated a more comprehensive package of amendments to IZO Chapter 15 will be brought forward for consideration. It is anticipated that the future package of amendments will address existing shortcomings in the ordinance, establish a multi - tiered review approach based on the scope of modifications, and implement a more streamlined approach for well- designed projects to incentivize good preservation practices. DISCUSSION Amendments are governed by Chapter 25 of the Implementing Zoning Ordinance and by California Government Code Section 65853. Chapter 25 stipulates that text amendments may be recommended by the Planning Commission for approval to the City Council insofar as the Planning Commission finds that the proposed amendments are in conformance with the General Plan and consistent with the public necessity, convenience, and general welfare. General Plan Consistency The proposed text amendments and anticipated CLG certification, will facilitate the City's ability to directly and indirectly satisfy several goals and objectives set forth in Chapter 3 of the 2025 General Plan. Pertinent General Plan policies and objectives are listed below in bold typeface followed by a brief discussion of the proposed text amendments as they relates to each policy and objective. 3- P -1 -F: Pursue CLG Status Approval of the proposed enabling legislation and text amendments will allow the City to meet the requirements needed to obtain CLG certification. Once adopted staff will complete necessary applications and work directly with representatives from SHPO to apply for CLG certification. 3- P -1 -L: Ensure City Staff responsible for decisions affecting historic resources are well versed in historic preservation theory and practice Approval of the proposed enabling legislation and associated text amendments will facilitate the city's application for CLG certification which will in turn present new opportunities for staff an committee members to attend trainings and obtain funding to maintain an up to date understanding historic preservation theory and practice. Page 4 mil—/9 3- P -2 -E: Take Advantage of CLG Program benefits, such as grant funding Once Petaluma obtains CLG certification the city will be eligible for grant funding for preservation efforts, be able to participate in preservation training, and utilize technical support from SHPO. 3 -P -4: Foster appreciation for Petaluma's cultural heritage and encourage greater public participation in education regarding resources Approval of the proposed enabling legislation and associated text amendment demonstrates the city's commitment to obtaining CLG certification specifically and the commitment to historic preservation more generally. Further, resources that will come available to the city with CLG certification will allow the city to bolster educational programs related to historic preservation and increase outreach to encourage greater public participation in the preservation of the City's resources. 3- P -4 -D: Provide opportunities for ongoing education on historic preservation for City Staff and elected /appointed officials Approval of the proposed enabling legislation and associated text amendments will facilitate CLG certification which in turn will make available educational opportunities and technical trainings to ensure that city staff, committee members, and elected officials are conversant in contemporary issues related to historic preservation. 3- P -5 -B: Ensure future plans, ordinances, and City Planning is complimentary to the historic preservation goals and policies contained within this plan. The proposed amendments will ensure that the City's policies align with the goals and objectives of the General Plan and with policies established by the State Historic Preservation Office. ENVIRONMENTAL REVIEW No physical development is proposed as part of the code modifications to reconstitute the HCPC. California Environmental Quality Act (CEQA) Section 21065 defines, in relevant part, a "project," as, "an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment." In considering whether the project would result in any reasonably foreseeable indirect physical changes to the environment, staff concluded, pursuant to CEQA Guidelines Section 15064, that it does not constitute a project and is therefore, not subject to CEQA. PUBLIC COMMENT Public notice was published in an eighth page ad in the Argus Courier on November 17, 2016. No specific public comment has been received in response to this public notice, but staff has received general community support for CLG certification and the necessary code modifications to facilitate that certification. Page 5 /t--5- ATTACHMENTS Attachment A Resolution recommending City Council approval of HCPC Enabling Legislation Attachment B Resolution recommending City Council approval of Text Amendments to Municipal Code Section 2.30 (Historic and Cultural Preservation Committee) Exhibit 1 Draft Ordinance Exhibit 2 Clean Revised Muni Code Section 2.30 Attachment C Resolution recommending City Council approval of Text Amendments to Implementing Zoning Ordinance chapter 15 (Preservation of the Historic and Cultural Environment) Exhibit 1 Draft Ordinance Exhibit 2 Clean Revised IZO Chapter 15 Attachment D REDLINE Municipal Code Section 2.30 (Historic and Cultural Preservation Committee) Attachment E REDLINE Implementing Zoning Ordinance Chapter 15 (Preservation and the Historic and Cultural Environment) Page 6 —6 ATTACHMENT 5 RESOLUTION 2016 -07 CITY OF PETALUMA HISTORIC AND CULTURAL PRESERVATION COMMITTEE RECOMMENDING THAT THE CITY COUNCIL APPROVE A RESOLUTION ESTABLISHING ENABLING LEGISLATION FOR THE HISTORIC AND CULTURAL PRESERVATION COMMITTEE WHEREAS, the City Council created the Historic and Cultural Preservation Committee ( "the Committee ") on May 6, 1974 by adopting Ordinance No. 1139 N.C.S. which added Chapter 2.30 to the Petaluma Municipal Code; and, WHEREAS, the City Council amended Section 2.30.030 of the Municipal Code to modify the Committee's duties relative to the Petaluma Historical Library/Museum on June 5, 1978 by adopting Ordinance No. 1302 N.C.S.; and, WHEREAS, the City Council amended Chapter 2.30 of the Municipal Code and revised the method of establishing membership and appointing members of the Committee on November 24, 1980 by adopting Ordinance No. 1447 N.C.S.: and, WHEREAS, the City Council modified the membership of the Committee to include the Planning Commission and two additional members, one representing the Petaluma Historical Museum and one representing Heritage Homes of Petaluma on July 6, 2009 by adopting Ordinance No. 2338 N.C.S.: and, WHEREAS, the City Council wishes to modify the composition of the Committee and amend the mission, duties, and authority of the Committee. NOW THEREFORE, BE IT RESOLVED that: 1. Repeal. All previous resolutions relating to the City's Historic and Cultural Preservation Committee ( "Committee ") are repealed and superseded by this resolution to the extent that they contain provisions that conflict with this resolution. 2. Composition. The Committee shall consist of five voting members, as follows: • The Petaluma Museum /Heritage Homes may recommend appointment of one member to the City Council. • All five members shall be appointed by the City Council. • All five members shall be residents of Petaluma and have demonstrated interest, competence, or knowledge in historic preservation. • To the extent available in the City, at least two members shall be appointed from among professionals in the disciplines of architectural history, history, architecture, pre- historic and historic archeology, folklore, cultural anthropology, curation, conservation, landscape architecture, or related professions. 3. Duties /Authority. The committee shall have the duties as outlined generally in Section 2.30 of the Petaluma Municipal Code and the authority specifically as outlined in Section 15.020 of the Implementing Zoning Ordinance. 4. Terms. The term of office for all members appointed to the Committee shall be as follows: Historic & Cultural Preservation Committee Resolution No. 2016 -07 Page 1 • The member of the Committee recommended by the Petaluma Museum /Heritage Homes shall serve a one year terms that shall run from the date of appointment to the thirtieth day of June, or until a successor is appointed. • The remaining four members of the Committee shall serve four year terms; except that, terms of up to two appointees may be of a lesser duration as the city council may deem necessary and appropriate so that committee members' terms are staggered. 5. Vacancies. Upon the death, resignation, disability to perform the duties of a member of the Committee, or upon the loss of permanent residency from the city, or upon the failure to attend any meeting of the committee for three consecutive regular meetings, the council shall review, and if found to be appropriate, declare the office of such member vacant thereupon appoint some qualified person to fill such vacancy for the unexpired term of such member. 6. Organization - Officers - Meetings. Within ten days after the appointment of the committee, they shall meet in regular session and organize by electing from members of the committee a chair and vice - chair, who shall hold office for a term of one year. Thereafter, the committee shall meet in regular session as appropriate but not less than once per quarter at a specified regular time and location. 7. Rules and Regulations - Expenses or obligations limited. The committee shall have the right and duty to adopt such rules and regulations as it shall determine for the holding and conducting of its meetings and hearings and the selection of its officers and for the performance of any of its functions or responsibilities subject to all applicable requirements, including the Ralph M. Brown Act. 8. Quorum /Action. A quorum of three (3) voting members is required to meet and conduct business. Fewer than 3 members, or if no members are present, staff to the Committee, may adjourn meetings of the Committee in accordance with all applicable requirements of the Ralph M. Brown Act (California Government Code Section 54950 et seq.). All actions or recommendations of the Committee shall be made at a meeting at which a quorum of the Committee is present and shall be made by majority vote of the members present. A tie vote shall constitute a no action on the motion, proposed action, or recommendation. 9. Staff. The City's Planning Manager and /or designees of said Manager shall serve as Committee staff and advise and support the Committee as appropriate in the performance of its duties. Historic & Cultural Preservation Committee Resolution No. 2016 -07 Page 2 S " �)_ ADOPTED this 29th day of November, 2016, by the following vote: Commission Member Aye No Absent Abstain Councilmember King Benedetti- Petnic X Chair Gomez X Lin X Vice Chair Marzo X Pierre X Wolpert X Schlich X Perlis X ATTEST: Diana Gomez, Chair APPROVED AS TO FORM: Heather Hines, Commission Secretary Lisa Tennenbaum, Assistant City Attorney Historic & Cultural Preservation Committee Resolution No. 2016 -07 Page 3 5 -3 ATTACHMENT 6 RESOLUTION 2016 -08 CITY OF PETALUMA HISTORIC AND CULTURAL PRESERVATION COMMITTEE RECOMMENDING CITY COUNCIL APPROVAL OF A TEXT AMENDMENT TO MUNICIPAL CODE SECTION 2.30 (HISTORIC AND CULTURAL PRESERVATION COMMITTEE) WHEREAS, the City of Petaluma initiated a Text Amendment to modify Section 2.30 of the Petaluma Municipal Code to align with enabling legislation and reconstitution of the Historic and Cultural Preservation Committee to meet the requirements of the Certified Local Government program; and WHEREAS, at a duly noticed public hearing on November 29, 2016 the Historic and Cultural Preservation Committee /Planning Commission approved Resolution No 2016 -07 recommending to the Council approval of enabling legislation for the Historic and Cultural Preservation Committee to satisfy requirements of the Certified Local Government Program; and WHEREAS, the Historic and Cultural Preservation Committee /Planning Commission considered the staff report dated November 29, 2016, analyzing the amendments, including the CEQA determination included therein; and NOW THEREFORE BE IT RESOLVED by the Historic and Cultural Preservation Committee /Planning Commission as follows: 1. Consistent with the analysis outlined in the staff report dated November 29, 2016, the Historic and Cultural Preservation Committee /Planning Commission recommends that the City Council adopt a Text amendments to Section 2.30 of the Municipal Code, attached hereto as Exhibit 2, based on the following findings: a. The proposed Municipal Code amendment is consistent with the following Petaluma General Plan policies and programs: 3- P -1 -F: Pursue CLG Status Approval of the proposed enabling legislation and text amendments will allow the City to meet the requirements needed to obtain CLG certification. Once adopted staff will complete necessary applications and work directly with representatives from SHPO to apply for CLG certification. 3- P -1 -L: Ensure City Staff responsible for decisions affecting historic resources are well versed in historic preservation theory and practice Approval of the proposed enabling legislation and associated text amendments will facilitate the city's application for CLG certification which will in turn present new opportunities for staff an committee members to attend trainings and obtain funding to maintain an up to date understanding historic preservation theory and practice. • 3- P -2 -E: Take Advantage of CLG Program benefits, such as grant funding Once Petaluma obtains CLG certification the city will be eligible for grant funding for preservation efforts, be able to participate in preservation training, and utilize technical support from SHPO. • 3 -P -4: Foster appreciation for Petaluma's cultural heritage and encourage greater public participation in education regarding resources Historic & Cultural Preservation Committee Resolution No. 2016 -08 Page 1 ��l Approval of the proposed enabling legislation and associated text amendment demonstrates the city's commitment to obtaining CLG certification specifically and the commitment to historic preservation more generally. Further, resources that will come available to the city with CLG certification will allow the city to bolster educational programs related to historic preservation and increase outreach to encourage greater public participation in the preservation of the City's resources. 3- P -4 -D: Provide opportunities for ongoing education on historic preservation for City Staff and elected /appointed officials Approval of the proposed enabling legislation and associated text amendments will facilitate CLG certification which in turn will make available educational opportunities and technical trainings to ensure that city staff, committee members, and elected officials are conversant in contemporary issues related to historic preservation. 3- P -5 -B: Ensure future plans, ordinances, and City Planning is complimentary to the historic preservation goals and policies contained within this plan. The proposed amendments will ensure that the City's policies align with the goals and objectives of the General Plan and with policies established by the State Historic Preservation Office. b. The proposed Municipal Code Amendment is consistent with the public necessity, convenience and general welfare because it will enhance the city's ability to preserve cultural and historic resources, preserve the unique attributes of Petaluma that create a sense of unique identity for residents and visitors alike, and to improve and facilitate participation and understanding of preservation. 2. The Historic and Cultural Preservation Committee /Planning Commission reviewed the proposed amendments and determined no physical development is proposed as part of the code modifications to reconstitute the HCPC. California Environmental Quality Act (CEQA) Section 21065 defines, in relevant part, a "project," as, "an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment." In considering whether the project would result in any reasonably foreseeable indirect physical changes to the environment, staff concluded, pursuant to CEQA Guidelines Section 15064, that it does not constitute a project and is therefore, not subject to CEQA. Historic & Cultural Preservation Committee Resolution No. 2016 -08 Page 2 ADOPTED this 29th day of November, 2016, by the following vote: Commission Member Aye No Absent Abstain' Councilmember King Benedetti- Petnic X Chair Gomez X Lin X Vice Chair Marzo X Pierre X Wolpert X Schlich X Perlis X ATTEST: Heather Hines, Commission Secretary Diana Gomez, Chair APPROVED AS TO FORM: Lisa Tennenbaum, Assistant City Attorney Historic & Cultural Preservation Committee Resolution No. 2016 -08 Page 3 Exhibit 1 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING SECTION 2.30 OF THE PETALUMA MUNICIPAL CODE (HISTORIC AND CULTURAL PRESERVATION COMMITTEE) PERTAINING TO THE MEMBERSHIP AND DUTIES OF THE HISTORIC AND CULTURAL PRESERVATION COMMITTEE WHEREAS, the City of Petaluma initiated a Text Amendment to modify Section 2.30 of the Petaluma Municipal Code to align with enabling legislation and reconstitution of the Historic and Cultural Preservation Committee to meet the requirements of the Certified Local Government program; and WHEREAS, at a duly noticed public hearing on November 29, 2016 the Historic and Cultural Preservation Committee /Planning Commission approved Resolution No 2016 -XX recommending to the Council approval of enabling legislation for the Historic and Cultural Preservation Committee to satisfy requirements of the Certified Local Government Program; and WHEREAS, the Historic and Cultural Preservation Committee /Planning Commission considered the staff report dated November 29, 2016, analyzing the amendments, including the CEQA determination included there in; and WHEREAS, pursuant to Implementing Zoning Ordinance §25.050, the City's Historic and Cultural Preservation Committee /Planning Commission held a duly noticed public hearing to consider the proposed amendments on November 29, 2016, at which time all interested parties had the opportunity to be heard; and WHEREAS, on November 29, 2016, the Historic and Cultural Preservation Committee /Planning Commission recommended approval of modifications to Section 2.30 of the Municipal Code as shown in Exhibit 1; and WHEREAS, on (insert date) the City Council held a duly noticed public hearing to consider the proposed Municipal Code Text Amendments; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. Findings. Based on the Historic and Cultural Preservation Committee /Planning Commission's recommendation, City staff report and public hearing, the City Council adopts the Municipal Code Text Amendments, as described above and set forth herein, based on the findings made below: 1. The proposed amendment to Section 2.30 of the Petaluma Municipal Code is consistent with the reconstituted Historic and Cultural Preservation Committee and requirements of the Certified Local Government Program and implements the Chapter 3 of the Petaluma General Plan. 2. The proposed text amendments to Section 2.30 of the Petaluma Municipal Code are consistent with the following General Plan policies and programs: Program 3-P-1 -F (Pursue CLG Status), Program 3 -P -1 -L (Historic Preservation Theory and Practice), Program 3 -P -2 -E (Advantages of CLG Program), Policy 3 -P -4 (Appreciation for Petaluma's Cultural Heritage), Historic & Cultural Preservation Committee Resolution No. 2016 -08 Page 4 -- l Program 3 -P -4 -D (Opportunities for Education), Program 3 -P -5 -13 (Compliment Historic Preservation Goals). 3. The proposed Municipal Code Text Amendment is consistent with the public necessity, convenience and general welfare because it will enhance the city's ability to preserve cultural and historic resources, preserve the unique attributes of Petaluma that create a sense of unique identity for residents and visitors alike, and to improve and facilitate participation and understanding of preservation. 4. The requirements of the California Environmental Quality Act (CEQA) have been satisfied through the determination that no physical development is proposed as part of the code modifications to reconstitute the HCPC. California Environmental Quality Act (CEQA) Section 21065 defines, in relevant part, a "project," as, "an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment." In considering whether the project would result in any reasonably foreseeable indirect physical changes to the environment, staff concluded, pursuant to CEQA Guidelines Section 15064, that it does not constitute a project and is therefore, not subject to CEQA. Section 2. Municipal Code Section 2.30 is hereby amended as shown in Exhibit 2. Section 4. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. Section 5. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 6. Posting /Publishing of Notice. The City Clerk is hereby directed to post and /or publish this ordinance or a synopsis of it for a period and in the manner required by the City Charter. INTRODUCED and ordered posted this (insert date). ADOPTED this [insert iday] of [insert month], 2016 by the following vote: Ayes: Noes: Abstain: Absent: ATTEST: David Glass, Mayor APPROVED AS TO FORM: Claire Cooper, CMC, City Clerk Eric W. Danly, City Attorney Historic & Cultural Preservation Committee Resolution No. 2016 -08 Page 5 _s Exhibit 2 Chapter 2.30 HISTORIC AND CULTURAL PRESERVATION COMMITTEE 2.30.010 Established — Membership terms. A. There is created a historic and cultural preservation committee in and for the city of Petaluma. B. The composition and membership of the committee shall be as established by resolution of the city council. 2.30.020 Duties — Generally. The committee shall generally be responsible for the following and as further described in the city's zoning ordinance: A. To promote preservation of historic sites, landmarks, documents, paintings and objects associated with the history of Petaluma; B. To recommend to the planning commission that certain historic sites and landmarks be designated and /or acquired by the city; C. To administer the committee's responsibilities pertinent to the zoning ordinance of the city of Petaluma; D. To advise the city council on the administration of historic sites and landmarks, as may be acquired by the city of Petaluma; E. To advise the city council on the acceptance of gifts consisting of documents, paintings and other objects of historic value, as well as money when the same is given to be used for the acquisition of property, real or personal, of historic interest, except for the donations, purchases and acceptance of gifts for the Petaluma Historical Library- Museum; F. To recommend to the city council the documents, paintings, and object of special historic value associated with the history of the city, to be acquired by the city, except for the donations, purchases and acceptance of gifts for the Petaluma Historical Library- Museum; G. To advise the city council on all matters relating to the historic and cultural preservation of the city. Historic & Cultural Preservation Committee Resolution No. 2016 -08 Page 6 6 -(1�1 ATTACHMENT 7 RESOLUTION 2016 -09 CITY OF PETALUMA HISTORIC AND CULTURAL PRESERVATION COMMITTEE RECOMMENDING CITY COUNCIL APPROVAL OF A ZONING TEXT AMENDMENT TO IMPLEMENTING ZONING ORDINANCE CHAPTER 15 (PRESERVATION OF THE HISTORIC AND CULTURAL ENVIRONMENT) WHEREAS, the City of Petaluma initiated a Zoning Text Amendment to modify Chapter 15 of the Implementing Zoning Ordinance to define the appropriate review authority of the Historic and Cultural Preservation Committee and the Planning Commission pertaining to the City's historic resources and to align with a reconstituted Historic and Cultural Preservation Committee to meet the requirements of the Certified Local Government program; and WHEREAS, at a duly noticed public hearing on November 29, 2016 the Historic and Cultural Preservation Committee /Planning Commission approved Resolution No 2016 -07 recommending to the Council approval of enabling legislation for the Historic and Cultural Preservation Committee to satisfy requirements of the Certified Local Government Program; and WHEREAS, at a duly noticed public hearing on November 29, 2106 the Historic and Cultural Preservation Committee /Planning Commission approved Resolution No. 2016 -08 recommending to the Council approval of modifications to Municipal Code Section 2.30 (Historic and Cultural Preservation Committee); and WHEREAS, pursuant to Implementing Zoning Ordinance §25.050, the City's Historic and Cultural Preservation Committee /Planning Commission held a duly noticed public hearing to consider the proposed amendments on November 29, 2016, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Historic and Cultural Preservation Committee /Planning Commission considered the staff report dated November 29, 2016, analyzing the amendments, including the CEQA determination included therein; and WHEREAS, Implementing Zoning Ordinance §25.010 provides for Zoning Text amendments; and NOW THEREFORE BE IT RESOLVED by the Historic and Cultural Preservation Committee /Planning Commission as follows: 1. Pursuant to Implementing Zoning Ordinance §25.050 and consistent with the analysis outlined in the staff report dated November 29, 2016, the Historic and Cultural Preservation Committee /Planning Commission recommends that the City Council adopt a Zoning Text amendment to IZO Chapter 15, attached hereto as Exhibit 2, based on the following findings: a. The proposed Zoning Text amendment is consistent with the following Petaluma General Plan policies and programs: • 3- P -1 -F: Pursue CLG Status Approval of the proposed enabling legislation and text amendments will allow the City to meet the requirements needed to obtain CLG certification. Once adopted staff will complete necessary applications and work directly with representatives from SHPO to apply for CLG certification. Historic & Cultural Preservation Committee Resolution No. 2016 -09 Page 1 .7_I 3- P -1 -L: Ensure City Staff responsible for decisions affecting historic resources are well versed in historic preservation theory and practice Approval of the proposed enabling legislation and associated text amendments will facilitate the city's application for CLG certification which will in turn present new opportunities for staff an committee members to attend trainings and obtain funding to maintain an up to date understanding historic preservation theory and practice. • 3- P -2 -E: Take Advantage of CLG Program benefits, such as grant funding Once Petaluma obtains CLG certification the city will be eligible for grant funding for preservation efforts, be able to participate in preservation training, and utilize technical support from SHPO. 3 -P -4: Foster appreciation for Petaluma's cultural heritage and encourage greater public participation in education regarding resources Approval of the proposed enabling legislation and associated text amendment demonstrates the city's commitment to obtaining CLG certification specifically and the commitment to historic preservation more generally. Further, resources that will come available to the city with CLG certification will allow the city to bolster educational programs related to historic preservation and increase outreach to encourage greater public participation in the preservation of the City's resources. 3- P -4 -D: Provide opportunities for ongoing education on historic preservation for City Staff and elected /appointed officials Approval of the proposed enabling legislation and associated text amendments will facilitate CLG certification which in turn will make available educational opportunities and technical trainings to ensure that city staff, committee members, and elected officials are conversant in contemporary issues related to historic preservation. 3- P -5 -13: Ensure future plans, ordinances, and City Planning is complimentary to the historic preservation goals and policies contained within this plan. The proposed amendments will ensure that the City's policies align with the goals and objectives of the General Plan and with policies established by the State Historic Preservation Office. b. The proposed Zoning Text Amendment is consistent with the public necessity, convenience and general welfare because it will enhance the city's ability to preserve cultural and historic resources, preserve the unique attributes of Petaluma that create a sense of unique identity for residents and visitors alike, and to improve and facilitate participation and understanding of preservation. 2. The Historic and Cultural Preservation Committee /Planning Commission reviewed the proposed amendments and determined no physical development is proposed as part of the code modifications to reconstitute the HCPC. California Environmental Quality Act (CEQA) Section 21065 defines, in relevant part, a "project," as, "an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment." In considering whether the project would result in any reasonably foreseeable indirect physical changes to the environment, staff concluded, pursuant to CEQA Guidelines Section 15064, that it does not constitute a project and is therefore, not subject to CEQA. Historic & Cultural Preservation Committee Resolution No. 2016 -09 �-7 rrP��age 2 [ -rL- ADOPTED this 29th day of November, 2016, by the following vote: Commission Member Aye No Absent Abstain Councilmember King Benedetti - Petnic X Chair Gomez X Lin X Vice Chair Marzo X Pierre X Wolpert X Schlich X Perlis X ATTEST: Diana Gomez, Chair Heather Hines, Commission Secretary Lisa Tennenbaum, Assistant City Attorney Historic & Cultural Preservation Committee Resolution No. 2016 -09 Page 3 '7 -3 Exhibit 1 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300 N.C.S., CHAPTER 15 (PRESERVATION OF THE HISTORIC AND CULTURAL ENVIRONMENT) PERTAINING TO THE REVIEW AUTHORITY OF THE HISTORIC AND CULTURAL PRESERVATION COMMITTEE AND THE PLANNING COMMISSION IN RELATIONSHIP TO THE RECONSTITUTED HISTORIC AND CULTURAL PRESERVATION COMMITTEE WHEREAS, the City of Petaluma initiated a Zoning Text Amendment to modify Chapter 15 of the Implementing Zoning Ordinance to define the appropriate review authority of the Historic and Cultural Preservation Committee and the Planning Commission pertaining to the City's historic resources and to align with a reconstituted Historic and Cultural Preservation Committee to meet the requirements of the Certified Local Government program); and, WHEREAS, at a duly noticed public hearing on November 29, 2016 the Historic and Cultural Preservation Committee /Planning Commission approved Resolution No 2016 -XX recommending to the Council approval of enabling legislation for the Historic and Cultural Preservation Committee to satisfy requirements of the Certified Local Government Program; and WHEREAS, at a duly noticed public hearing on November 29, 2106 the Historic and Cultural Preservation Committee /Planning Commission approved Resolution No. 2016 -XX recommending to the Council approval of modifications to Municipal Code Section 2.30 (Historic and Cultural Preservation Committee); and WHEREAS, pursuant to Implementing Zoning Ordinance §25.050, the City's Historic and Cultural Preservation Committee /Planning Commission held a duly noticed public hearing to consider the proposed amendments on November 29, 2016, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Historic and Cultural Preservation Committee /Planning Commission considered the staff report dated November 29, 2016, analyzing the amendments, including the CEQA determination included therein; and WHEREAS, Implementing Zoning Ordinance §25.010 provides for Zoning Text amendments; and WHEREAS, on November 29, 2016, the Historic and Cultural Preservation Committee /Planning Commission recommended approval of modifications to IZO Chapter 15 as shown in Exhibit 1; and WHEREAS, on (insert date) the City Council held a duly noticed public hearing to consider the proposed Zoning Text Amendments; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Historic & Cultural Preservation Committee Resolution No. 2016 -09 Page 4 Section 1. Findings. Pursuant to Implementing Zoning Ordinance, Chapter 25, based on the Historic and Cultural Preservation Committee /Planning Commission's recommendation, City staff report and public hearing, the City Council adopts the Zoning Text Amendments, as described above and set forth herein, based on the findings made below: 1. The proposed amendment to the Implementing Zoning Ordinance Chapter 15 to clarify and modify the review authority of the Historic and Cultural Preservation Committee and Planning Commission is consistent with the reconstituted Historic and Cultural Preservation Committee and requirements of the Certified Local Government Program and implements the Chapter 3 of the Petaluma General Plan. 2. The proposed text amendments to IZO Chapter 15 are consistent with the following General Plan policies and programs: Program 3 -P -1 -F (Pursue CLG Status), Program 3 -P -1 -L (Historic Preservation Theory and Practice), Program 3 -P -2 -E (Advantages of CLG Program), Policy 3- P-4 (Appreciation for Petaluma's Cultural Heritage), Program 3 -P -4 -D (Opportunities for Education), Program 3 -P -5 -13 (Compliment Historic Preservation Goals). 3. The proposed Zoning Text Amendment is consistent with the public necessity, convenience and general welfare because it will enhance the city's ability to preserve cultural and historic resources, preserve the unique attributes of Petaluma that create a sense of unique identity for residents and visitors alike, and to improve and facilitate participation and understanding of preservation. 4. The requirements of the California Environmental Quality Act (CEQA) have been satisfied through the determination that no physical development is proposed as part of the code modifications to reconstitute the HCPC. California Environmental Quality Act (CEQA) Section 21065 defines, in relevant part, a "project," as, "an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment." In considering whether the project would result in any reasonably foreseeable indirect physical changes to the environment, staff concluded, pursuant to CEQA Guidelines Section 15064, that it does not constitute a project and is therefore, not subject to CEQA. Section 2. Implementing Zoning Ordinance Chapter 15 is hereby amended as shown in Exhibit 1. Section 4. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. Section 5. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Historic & Cultural Preservation Committee Resolution No. 2016 -09 Page 5 - 1 -5 Section 6. Posting /Publishing of Notice. The City Clerk is hereby directed to post and /or publish this ordinance or a synopsis of it for a period and in the manner required by the City Charter. INTRODUCED and ordered posted this (insert date). ADOPTED this [insert day] of [insert month], 2016 by the following vote: Ayes: Noes: Abstain: Absent: ATTEST: Claire Cooper, CMC, City Clerk David Glass, Mayor APPROVED AS TO FORM: Eric W. Danly, City Attorney Historic & Cultural Preservation Committee Resolution No. 2016 -09 Page 6 -7-(,) Chapter 15 Preservation of the Cultural and Historic Environment 15.010 — Purpose It is hereby found that structures, sites and areas of special character of special historic, architectural or aesthetic interest or value have been and continue to be unnecessarily destroyed or impaired, despite the feasibility of preserving them, It is further found that the public health, safety, and welfare require prevention of needless destruction and impairment, and promotion of the economic utilization and discouragement of the decay and desuetude of such structures, sites and areas. The purpose of this Chapter is to promote the health, safety, and general welfare of the public through: A. The protection, enhancement, perpetuation, and use of buildings, structures, sites, objects, and districts, including archaeological sites, that are reminders of past eras, events, and persons important to local, state, or national history, or which provide significant examples of architectural styles of the past or area landmarks in the history of architecture, or which are unique and irreplaceable assets to the City and its neighborhoods, or which provide for this and future generations examples of the physical surroundings in which past generations lived. B. The development and maintenance of appropriate settings and environments for such structures. C. The enhancement of property values, the stabilization of neighborhoods and areas of the City, the increase of economic and financial benefits to the City and its inhabitants, and the promotion of tourist trade and interest. D. The enrichment of human life in its educational and cultural dimensions by serving aesthetic as well as material needs and fostering knowledge of the living heritage of the past. 15.020 - Powers and Duties of the Historic and Cultural Preservation Committee and Planning Commission A. The Historic and Cultural Preservation Committee: 1. Shall hear and approve, approve with modifications, or disapprove permit applications for construction, alteration, demolition, and repair or maintenance work to a designated landmark site or structure in accordance with Section 15.050(A) of this Chapter. 2. Shall hear and approve, approve with modifications, or disapprove applications for construction, alteration, demolition, and repair or maintenance work on structures or sites within historic districts, as provided in Sections 15.050 and 15.070 of this Chapter. 3. Shall hear and make determination on applications for demolition as provided in Section 15.060 of this Chapter. 4. Shall hear and made determination on referrals as provided in Section 15.090 of this Chapter. 5. Shall hear and make a recommendation to the Planning Commission, as required by this Article, on applications for the designation of landmarks and historic districts. 6. Shall hear and make a recommendation to the Planning Commission on applications for zoning amendments related to this Chapter or other associated preservation related items. 7. May establish and maintain a list of structures and other landmarks deserving official recognition although not designated as landmarks or historic districts, and recommend appropriate measures for recognition. 8. May, upon the request of the property owner, advise with respect to any proposed work not requiring a City permit on a designated landmark site or in a designated historic district. Examples of the work included but not limited to painting and repainting of exterior surfaces, roofing, fencing, landscaping, glazing, and installation of light fixtures, In advising, the Historic and Cultural Preservation Committee shall be guided by the purposes and standards specified in this Chapter. Ordinance No. 2300 N.C.S. Historic & Cultural Preservation Committee Resolution No. 2016 -08 Page 7 --7 B. The Planning Commission: Shall, after receiving recommendation from the Historic and Cultural Preservation Committee and conducting a public hearing, make a recommendation to the City Council, concerning designation of landmarks and historic districts, as provided in Section 15,040(G) of this Chapter. 2. Shall, after receiving recommendation from the Historic and Cultural Preservation Committee and conducting a public hearing, make a recommendation to the City Council concerning zoning text amendments related to this Chapter. 3. Shall consider the decision of the Historic and Cultural Preservation Committee on any permit as part of a project that also requires discretionary review by the Planning Commission to avoid conflict between preservation practice and use or legislative decisions to the extent practicable. C. Both the Planning Commission and the Historic and Cultural Preservation Committee may consult with and shall consider the ideas and recommendations of recognized historic preservation organizations, and in cases affecting commercial property, the affected business community, and obtain professional advice as may be deemed necessary. D. When discretionary actions by both the Planning Commission and the Historic and Cultural Preservation Committee are required for a single project, the two bodies may consider their respective entitlements in a joint hearing as long as all applicable requirements of the ordinance and applicable law are met by such a joint hearing. 15.030- Recognized Historic Preservation Organization Recognized historic preservation organizations are defined as registered nonprofit organizations composed of citizens interested in historic preservation. 15.040 - Designation of Landmarks and Historic District by Ordinance A. Landmarks shall be defined as buildings or sites listed on the State Office of Historic Preservation's directory of historic properties (i.e., Historic Properties Data Inventory), or designated by the City as a local landmark, except that building or sites located within the National Register Historic District shall not automatically be considered to be a landmark, unless individually so designated by the City Council in accordance with the provisions of this Chapter. B. The City Council may by ordinance designate: One or more individual structures or other features, or integrated groups of structures and features on one or more lots or sites, having a special character or special historical, architectural, or aesthetic interest or value, as landmarks, and shall designate a landmark site for each landmark. 2. One or more areas containing a number of structures having special character or special historical architectural or aesthetic interesting value, and constituting distinct sections of the City, as historic districts. C. Each designating ordinance shall include a description of the characteristics of the landmark or historic district which justify its designation, and a list of any particular features in addition to those features which would be affected by work described in Section 15.050(A1 -2) that are to be preserved, and shall specify the location and boundaries of the landmark site or historic district. D. The property designated as a landmark or a historic district shall be subject to the control and standards contained in this Chapter. In addition, the property shall be subject to the following further controls and standards if imposed Ordinance No. 2300 N.C.S. Historic & Cultural Preservation Committee Resolution No. 2016 -08 Page 8 -7—S by the designating ordinance; 1, For a publicly owned landmark, review of proposed changes in major interior architectural features. 2. For a historic district, such further controls and standards as the City Council finds necessary or desirable, including, but not limited to, facade, setbacks, and height controls. E. The City Council may amend or rescind a designation only by ordinance. The procedure for amending or rescinding a designation shall be the same as that for the original designation. F. Initiation of Designation. Initiation of designation proceedings shall be by resolution of the City Council, or by the written application of the property owners. The Planning Commission or the Historic and Cultural Preservation Committee may initiate and recommend the designation of a landmark or historic district to the City Council. Applications for designations shall be filed with the Community Development Department upon forms prescribed by the Director and shall be accompanied by all data required by the Planning Commission. An application for designation of a historic district must be described by or on behalf of at least fifty -one percent (51 %) of the property owners in the proposed district. The date of initiation is the date the resolution is adopted or a valid application is filed. G. Procedure. Where Planning Commission and City Council hearings are required, the proceedings for recommendation and for referral in cases where the City Council does not support the recommendation, shall be the same as those provided in Chapter 25 (Amendments) for rezoning. H. Hearing by Historic and Cultural Preservation Committee and Planning Commission. The Historic and Cultural Preservation Committee and the Planning Commission shall hold public hearings on a proposal to designate a landmark or historic district, with notice given as provided for rezonings in Section 25.050(A). Notice shall also be mailed to recognized historic preservation organizations. Action and Time Limit. The Historic and Cultural Preservation Committee shall make a recommendation to the Planning Commission on the designation. The Planning Commission shall consider the degree of conformity of the proposed designation with the purposes and standards of this Chapter and the General Plan. The Planning Commission shall make a recommendation to the City Council to approve, approve with modifications, or disapprove the proposal within one hundred twenty (120) days after the initiation of designation proceedings. If the Planning Commission disapproves the proposal, no further action shall be required unless appealed. 2. Notice of Action. The Planning Commission shall promptly notify the applicant of action taken. If the Planning Commission approves or modifies the proposed designation in whole or in part, it shall transmit the proposal, together with a copy of the resolution of approval, to the City Council. I. Designation by City Council. The City Council shall hold a public hearing concerning the designation. Notice of time and place of the hearing shall be given in the time and manner provided for the giving of notice of the hearing by the Commission. The City Council may approve, or modify and approve, or deny the designation. J. Notice of Designation by City Council. When a landmark or historic district has been designated by the City Council, the City Clerk shall promptly notify the owners of the property included therein. The City Clerk shall cause a copy of the designating ordinance, or notice thereof, to be recorded in the office of the County Recorder. K. Conformity Required. Construction, alteration, demolition, repair, maintenance, or removal work for which a City permit is required is prohibited on a designated landmark site or in a designated historic district unless reviewed by the Historic and Cultural Preservation Commission and /or approved by the Planning Commission, as provided in Section 15.050 and 15.070, or unless the work conforms with the provisions of Section 15.100(8), Unsafe or Dangerous Conditions, Ordinance No. 2300 N.C.S. Historic & Cultural Preservation Committee Resolution No. 2016 -08 Page 9 -7— 1 15.050 - Review of Permit Applications to Construct or Alter Designated Structures or Structures in Designated Areas A. Permit Required for Work to a Designated Landmark Site or Structure. No person shall do any work listed below to a designated landmark site or structure without first obtaining review and permit approval from the Historic and Cultural Preservation Committee. The work listed below on any structure or site within a designated historic district, shall require approval of the Historic and Cultural Preservation Committee, pursuant to procedures in Section 24.010 et al. 1. Exterior alterations, as defined below, shall be subject to review and approval by the Historic and Cultural Preservation Committee. Alterations of a minor nature, as defined below, shall be subject to administrative review and approval, and shall not require public noticing. 2. Alteration shall be defined as any change, including repair or replacement of damaged or worn materials, to the exterior appearance of a building, and shall include, but is not limited to, finish materials; windows; doors; signs, including the removal, repair, or repainting of historic signs; awnings; threshold materials; and change in paint colors, Alteration shall also include, but is not limited to, proposals which affect the streetscape, such as landscaping; light poles; outdoor use areas; and mechanical equipment. 3. Minor nature shall be defined to include, but is not limited to, alterations which involve routine maintenance, paint touch -up, or repainting with same colors, which does not substantially change the existing appearance of the structure. Exterior alterations of a minor nature should follow the recommendations of the Petaluma Historic Commercial District Design Guidelines. B. Application for Permit. The Department shall maintain a current record of designated landmarks and historic districts, and such lists shall be referred to by the Building Division before issuance of permits. Applications for permits to do work for which a permit is required by Section 15.050(A) shall be submitted to the Department for processing. Application shall include plans and specifications showing the proposed exterior appearance, color, and texture of materials, and the proposed architectural design of the exterior of the structure. Where required by the Historic and Cultural Preservation Committee, applications shall also show the relationship of the proposed work to the environs, If the application does not provide sufficient information for review by the Historic and Cultural Preservation Committee, the Department shall require the omitted information from the applicant. C. Procedure. Where Historic and Cultural Preservation Committee hearings are provided for by this Chapter, the proceedings for action, referral and appeal shall be the same as those provided in Section 24.030(E) and (F) for conditional use permits. D. Hearing by Planning Commission. The Historic and Cultural Preservation Committee shall hold a public hearing on the applications for modifications to landmark sites per Section 15.050(A). Notice of such hearing is to be given as required for conditional use permits in Section 24.030(E) and (F) and shall include written notice to recognized historical preservation organizations. 15.060 - Review of Applications for Demolition Permits A. Applications for Demolition Permits. Applications for demolition permits shall be referred to the Historic and Cultural Preservation Committee for review and determination, when the Director determines that a structure has potential historic or cultural significance. The following exceptions to this provision shall apply: permits for buildings posing an immediate danger to the public safety, health and welfare, as determined by the Director and the Chief Building Official, and/or applications of a routine, minor nature not warranting further review, as determined by the Director. When demolition of a historic structure is permitted, the applicant shall be required to salvage, to the extent possible, building materials, fixtures, doors, and other items of a historic nature, for reuse or to be made available to interested parties. When determining whether a structure has potential historic or cultural significance, the Director may require the Ordinance No. 2300 N.C.S. Historic & Cultural Preservation Committee Resolution No. 2016 -08 Page 10 —Z -iv property owner to submit an official evaluation of the property prepared by a qualified historian or archaeologist, and may use the following California Register of Historical Resources criteria, which states that a resource may be significant if it is: B. Findings. 1, Associated with events that have made a significant contribution to the broad patterns of local or regional history, or the cultural heritage of California or the United States; 2. Associated with the lives of persons important to local, California, or national history; 3. Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic value; or 4. Has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California, or the nation. 1. Finding of No Significance. If the Historic and Cultural Preservation Committee determines that a structure is not culturally or historically significant, the application shall be returned to the Director with a finding of no significance and the demolition permit shall be issued. 2. Finding of Significance. In cases where the Historic and Cultural Preservation Committee determines the structure has cultural or historical significance, the Committee shall make the findings as outlined below, deny the application for demolition, except as provided in Section 15.080 of this Chapter, and shall forward its decision to the Director. Mandatory findings of significance are as follows: a. The structure is of historical /cultural significance when listed on a local, state, or national register or survey. b. The structure is eligible for listing on a local, state, or national register or survey. c. Demolition of said structure will be detrimental to the aesthetic and /or economic vitality of the community. d. Any of the criteria used by the Director to determine the historical or cultural significance of the property. 15.070 - Review of Applications to Construct, Alter, or Demolish Designated Structures or Structures in Designated Areas A. Standards for Review. When evaluating applications, the Historic and Cultural Preservation Committee shall use the California Register of Historic Resources criteria outlined in Section 15.060(A)(1 -4), the Secretary of the Interiors Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and shall consider the architectural style of the building, design, arrangement, relationship to surrounding buildings and historic character of the area, texture, materials, color, and any other pertinent factors. Applications shall not be approved unless: 1. Landmark Sites. The proposed work shall not adversely affect the exterior architectural characteristics or other features of the landmark, and, where specified in the designating ordinance for a publicly owned landmark, its major interior architectural features, nor adversely affect the character or historical, architectural, or aesthetic interest or value of the landmark and its site, 2. Historic Districts. The proposed work shall not adversely affect the exterior architectural characteristics or other features of the property which is the subject of the application, nor Ordinance No. 2300 N.C.S. Historic & Cultural Preservation Committee Resolution No. 2016 -08 Page 11 `-7-ll adversely affect its relationship in terms of harmony and appropriateness with its surroundings, including neighboring structures, nor adversely affect the character, or the historical, architectural, or aesthetic interest or value of the district. In addition, applications shall be consistent with standards included in the designating ordinance. 15.080 - Showing of Hardship in Cases of Proposed Alteration, Demolition, or Construction If the applicant presents facts clearly demonstrating to the satisfaction of the authorized reviewing body that failure to approve the application will cause immediate and substantial hardship because of conditions peculiar to the particular structure or other features involved and not created by an act of the owner, the reviewing body may approve such application even though it does not meet the standards set forth in either this chapter or designating ordinance. In this context, personal, family or financial difficulties, loss of prospective profits and neighboring violations are not justifiable hardships. The reviewing body may require the applicant to provide documentation, such as structural engineering reports, verifying hardship. 15.090 — Director Referral to Historic and Cultural Preservation Committee The Director may refer other projects which are not designated as landmarks or which are not located within an historic district, to the Historic and Cultural Preservation Committee for approval upon determining that the site or structure may be of historic or cultural significance, in accordance with any of the findings listed under Section 15.060 (A)(1 -4), of this Chapter. 15.100 - Applicability and Enforcement A. Applicability No application for a permit to construct, alter, demolish, or remove any structure or other feature on a proposed landmark site or in a proposed historic district, filed subsequent to the date of initiation or proceedings to designate the landmark site or historic district, shall be approved while the proceedings are pending; provided, however, that if final action on the designation has not been completed one hundred eighty (180) days after initiation of designation proceedings, the permit application may be approved. 2. The provisions of this Chapter shall be inapplicable to the construction, alteration, demolition, or removal of any structure or other feature of a landmark site or in a historic district, where a permit for the performance of such work was issued prior to initiation of proceedings for designation of the landmark site or historic district, and where such permit has not expired or been canceled or revoked, provided that construction is started and diligently prosecuted to completion in accordance with the Building Code. B. Unsafe or Dangerous Conditions. None of the provisions of this Chapter shall prevent any measures or construction, alteration, or demolition necessary to correct the unsafe or dangerous condition of any structure, other feature, or part thereof, where such condition has been declared unsafe or dangerous by the Chief Building Official or the Fire Marshal, and where the proposed measures have been declared necessary by such official to correct the said condition; provided, however, that only such work as is absolutely necessary to correct the unsafe or dangerous condition and as is done with due regard for preservation of the appearance of the structure involved, may be performed pursuant to this section. In the event any structure or other feature shall be damaged by fire, or other calamity, or by act of God, to such an extent that in the opinion of the aforesaid officials it cannot be reasonably repaired and restored, it may be removed in conformity with normal permit procedures and applicable laws. C. Duty to Keep in Good Repair. The owner, lessee, and other person in actual charge or possession of a landmark, a structure in a historic district, or any other cultural or historically significant property, shall keep in good repair all of the exterior portions of such landmark or structure, all of the interior portions thereof when subject to control as specified in the designating ordinance, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior portion. D. Filing Fees. There shall be no filing fees beyond those required by other sections of the City Code for any Ordinance No. 2300 N.C.S. Historic & Cultural Preservation Committee Resolution No. 2016 -08 Page 12 .7_t2- application, or to commence any proceedings under this Chapter. E. Methods of Enforcement. This section shall be enforced in accordance with the provisions of Section 26.010 and Section 26.020 of the Zoning Ordinance and Section 1.08.010 of the Petaluma Municipal Code dated January 1972. The Director shall have the authority to implement the enforcement thereof by serving notice requiring the removal of any violation of this Chapter upon the owner, agent, tenant, or occupant of the building or land, or upon the architect, builder, contractor, or other person who commits or assists in any such violation. 15.110 - Adoption of Design Guidelines The City Council may, by resolution, adopt design guidelines and preservation guidelines to be applied to an historic district. Major amendment to such guidelines shall be by resolution of the City Council. Minor amendments which do not affect the intent of the Guidelines or result in a substantial change to standards or recommendations may be administered by staff. Ordinance No. 2300 N.C.S. Historic & Cultural Preservation Committee Resolution No. 2016 -08 Page 13 —t -2, ATTACHMENT 8 Chapter 2.30 HISTORICAL AND CULTURAL PRESERVATION COMMITTEE 2.30.010 Established — Membership terms. A. There is created a historical and cultural preservation committee in and for the city of Petaluma. The composition and membership of the committee shall be as established by resolution of the city council. 2.30.0230 Duties — Generally. The committee shall generally be responsible for have as its duties and pewers the following and as further described in the city's zoning ordinance: A. To promote preservation of historic sites, landmarks, documents, paintings and objects associated with the history of Petaluma; B. To recommend to the planning commission that certain historic sites and landmarks be designated and /or acquired by the city; C. To administer the committee's responsibilities as4ePK t-edpertinent to by the zoning ordinance of the city of Petaluma; D. To advise the city council on the administration of historic sites and landmarks, as may be acquired by the city of Petaluma; E. To advise the city council on the acceptance of gifts consisting of documents, paintings and other objects of historic value, as well as money when the same is given to be used for the acquisition of property, real or personal, of historic interest, except for the donations, purchases and acceptance of gifts for the Petaluma Historical Library- Museum; F. To r -Recommend to the city council the documents, paintings, and object of special historic value associated with the history of the city, to be acquired by the city, except for the donations, purchases and acceptance of gifts for the Petaluma Historical Library- Museum; G. To advise the city council on all matters relating to the historic and cultural preservation of the city. ATTACHMENT 9 Chapter 15 Preservation of the Cultural and Historic Environment 15.010 — Purpose It is hereby found that structures, sites and areas of special character of special historic, architectural or aesthetic interest or value have been and continue to be unnecessarily destroyed or impaired, despite the feasibility of preserving them. It is further found that the public health, safety, and welfare require prevention of needless destruction and impairment, and promotion of the economic utilization and discouragement of the decay and desuetude of such structures, sites and areas. The purpose of this Chapter is to promote the health, safety, and general welfare of the public through: A. The protection, enhancement, perpetuation, and use of buildings, structures, sites, objects, and districts, including archaeological sites, that are reminders of past eras, events, and persons important to local, state, or national history, or which provide significant examples of architectural styles of the past or area landmarks in the history of architecture, or which are unique and irreplaceable assets to the City and its neighborhoods, or which provide for this and future generations examples of the physical surroundings in which past generations lived. B. The development and maintenance of appropriate settings and environments for such structures. C. The enhancement of property values, the stabilization of neighborhoods and areas of the City, the increase of economic and financial benefits to the City and its inhabitants, and the promotion of tourist trade and interest. D. The enrichment of human life in its educational and cultural dimensions by serving aesthetic as well as material needs and fostering knowledge of the living heritage of the past. 11.020 - Powers and Duties of the Historic and Cultural Preservation Committee and Planning Commission A, The Historic and Cultural Preservation Committee: 1. Shall hear and approve, approve with modifications. or disapprove permit applications for construction alteration, demolition, and repair or maintenance work to a designated landmark site or structure in accordance with Section 15.050(A) of this Chapter. 2. hall hear and approve, approve with modifications, or disapprove applications for construction, alteration, demolition, and repair or maintenance work on structures or sites with -in historic districts, as provided in Sections 15.050 and 15.070 of this Chapter. 3. Shall hear and make determination on applications for demolition as provided in Section 15.060 of this Chapter. 4. Shall hear and made determination on referrals as provided in Section 15.090 of this Chapter. 5. Shall hear and make a recommendation to the Planning Commission, as required by this Article, on applications for the designation of landmarks and historic districts. 6. Shall hear and make a recommendation to the Planning Commission on applications for zoning amendments related to this Chapter or other associated preservation related items. 7. May establish and maintain a list of structures and other landmarks deserving official recognition although not designated as landmarks or historic districts, and recommend appropriate measures for recognition. 8. May, upon the request of the property owner, advise with respect to any proposed work not requiring a City permit on a designated landmark site or in a designated historic district Examples of the work included but not limited to painting and repainting of exterior surfaces roofing fencing, landscaping Ordinance No. 2300 N.C.S. 15 -1 glazing and installation of light fixtures. In advising, the Historic and Cultural Preservation Committee shall be guided by the purposes and standards specified in this Chapter. A-.B. The Planning Commission: Shall, after receiving recommendation from the Historic and Cultural Preservation Committee and after conducting a public hearing, make a recommendation to the City Council, concerning designation of landmarks and historic districts, as provided in Section 15.040(G) of this Chapter. 2. Shall after receiving recommendation from the Historic and Cultural Preservation Committee and conducting a public hearing make a recommendation to the City Council concerning zoning text amendments related to this Chapter. -1-3. Shall consider the decision of the Historic and Cultural Preservation Committee on any permit as part of a project that also requires discretionary review by the Planning Commission to avoid conflict between preservation practice and use or legislative decisions to the extent practicable. C_ Both the Planning Commission and the Historic and Cultural Preservation Committee may consult with and shall consider the ideas and recommendations of recognized historic preservation organizations, and in cases affecting commercial property, the affected business community, and obtain professional advice as may be deemed Ordinance No. 2300 N.C.S. 15 -2 necessary. C.D, When discretionary actions by both the Planning Commission and the Historic and Cultural Preservation Committee are required for a single project the two bodies may consider their respective entitlements in a joint hearing as long as all applicable requirements of the ordinance and applicable law are met by such a joint hearing. 15.030- Recognized Historic Preservation Organization Recognized historic preservation organizations are defined as registered nonprofit organizations composed of citizens interested in historic preservation. 15.040 - Designation of Landmarks and Historic District by Ordinance A. Landmarks shall be defined as buildings or sites listed on the State Office of Historic Preservation's directoryoof historic properties (i.e., Historic Properties Data Inventory), or designated by the City as a local landmark, except that building or sites located within the National Register Historic District shall not automatically be considered to be a landmark, unless individual) so o designated by the City Council in accordance with the provisions of this Chapter. A.B. The City Council may by ordinance designate: 1. One or more individual structures or other features, or integrated groups of structures and features on one or more lots or sites, having a special character or special historical, architectural, or aesthetic interest or value, as landmarks, and shall designate a landmark site for each landmark. 2. One or more areas containing a number of structures having special character or special historical architectural or aesthetic interesting value, and constituting distinct sections of the City, as historic districts. &C, Each designating ordinance shall include a description of the characteristics of the landmark or historic district which justify its designation, and a list of any particular features in addition to those features which would be affected by work described in Section 15.050(A1 -2) that are to be preserved, and shall specify the location and boundaries of the landmark site or historic district. GD. The property designated as a landmark or a historic district shall be subject to the control and standards contained in this Chapter. In addition, the property shall be subject to the following further controls and standards if imposed by the designating ordinance: 1, For a publicly owned landmark, review of proposed changes in major interior architectural features. 2. For a historic district, such further controls and standards as the City Council finds necessary or desirable, including, but not limited to, facade, setbacks, and height controls. D-.E. The City Council may amend or rescind a designation only by ordinance. The procedure for amending or rescinding a designation shall be the same as that for the original designation, F. Initiation of Designation. Initiation of designation proceedings shall be by resolution of the City Council, or by the written application of the property owners. The Planning Commission orand the Historic and Cultural Preservation Committee may initiate and recommend the designation of a landmark or historic district to the City Council, Applications for designations shall be filed with the Community Development Department upon forms prescribed by the Director and shall be accompanied by all data required by the Planning Commission. An application for designation of a historic district must be described by or on behalf of at least fifty -one percent (51 %) of the property owners in the proposed district. The date of initiation is the date the resolution is adopted or a valid application is filed, Ordinance No. 2300 N.C.S. 15 -3 l3 1=G. Procedure. Where Planning Commission and City Council hearings are required, the proceedings for recommendation and for referral in cases where the City Council does not fallow support the recommendation, shall be the same as those provided in Chapter 25 (Amendments) for rezoning. G-.H. Hearing by Historic and Cultural Preservation Committee and Planning Commission. The Historic and Cultural Preservation Committee and the Planning Commission shall hold public hearings on a proposal to designate a landmark or historic district, with notice given as provided for rezonings in Section 25.050(A). Notice shall also be mailed to recognized historic preservation organizations. Action and Time Limit. The Historic and Cultural Preservation Committee shall make a recommendation to the Planning Commission on the designation. The Planning Commission shall consider the degree of conformity of the proposed designation with the purposes and standards of this Chapter and the General Plan. The Planning Commission shall make a recommendation to the City Council to approve, approve with modifications, or disapprove the proposal within one hundred twenty (120) days after the initiation of designation proceedings. If the Planning Commission disapproves the proposal, no further action shall be required unless appealed. 2. Notice of Action. The Planning Commission shall promptly notify the applicant of action taken. If the Planning Commission approves or modifies the proposed designation in whole or in part, it shall transmit the proposal, together with a copy of the resolution of approval, to the City Council. t=f:l_Designation by City Council. The City Council shall hold a public hearing concerning the designation. Notice of time and place of the hearing shall be given in the time and manner provided for the giving of notice of the hearing by the Commission. The City Council may approve, or modify and approve, or deny the designation. 4-.J. Notice of Designation by City Council. When a landmark or historic district has been designated by the City Council, the City Clerk shall promptly notify the owners of the property included therein. The City Clerk shall cause a copy of the designating ordinance, or notice thereof, to be recorded in the office of the County Recorder. J:K. Conformity Required. Construction, alteration, demolition, repair, maintenance, or removal work for which a City permit is required is prohibited on a designated landmark site or in a designated historic district unless reviewed by the Historic and Cultural Preservation Commission and /or approved by the Planning Commission, as provided in Section 15.050 and 15.070, or unless the work conforms with the provisions of Section 15.100(6), Unsafe or Dangerous Conditions. 15.050 - Review of Permit Applications to Construct or Alter Designated Structures or Structures in Designated Areas A. Permit Required for Work to a Designated Landmark Site or Structure. No person shall do any work listed below to a designated landmark site or structure without first obtaining review and permit approval from -by the Historic and Cultural Preservation Committee -and -g EXG���Gmmission approval is required loF-wG*4o-4-designated n lc c'rr�� °ter- SrtitErP werkThe work listed below on any other structure or site within a designated historic district, shall require approval of o4the Historic and Cultural Preservation Committee, pursuant to procedures in Section 24.010 et al. 1. Exterior alterations, as defined below, shall be subject to review and approval by the Historic and Cultural Preservation Committee. Alterations of a minor nature, as defined below, shall be subject to administrative review and approval, andbut shall not require public noticing. 2. Alteration shall be defined as any change, including repair or replacement of damaged or worn materials, to the exterior appearance of a building, and shall include, but is not limited to, finish materials; windows; doors; signs, including the removal, repair, or repainting of historic signs; awnings; threshold materials; and change in paint colors. Alteration shall also include, but is not limited to, proposals which affect the Ordinance No. 2300 N.C.S. 15 -4 q -,-( streetscape, such as landscaping; light poles; outdoor use areas; and mechanical equipment. 3. Minor nature shall be defined to include, but is not limited to, alterations which involve routine maintenance, paint touch -up, or repainting with same colors, which does not substantially change the existing appearance of the structure. Exterior alterations of a minor nature should follow the recommendations of the Petaluma Historic Commercial District Design Guidelines. B. Application for Permit. The Department shall maintain a current record of designated landmarks and historic districts, and such lists shall be referred to by the Building Division before issuance of permits. Applications for permits to do work for which a permit is required by Section 15.050(A) shall be submitted to the Community De�pm„e;rDepartment for processing. Application shall include plans and specifications showing the proposed exterior appearance, color, and texture of materials, and the proposed architectural design of the exterior of the structure. Where required by the Historic and Cultural Preservation Committee, applications shall also show the relationship of the proposed work to the environs. If the application does not provide sufficient information for review by the Historic and Cultural Preservation Committee, the Department shall require the omitted information from the applicant. C. Procedure. Where Historic and Cultural Preservation Committee recommendations and PlanRing Gemmisssion. hearings are provided for by this Chapter, the proceedings for action, referral and appeal shall be the same as those provided in Section 24.030(E) and (F) for conditional use permits. D. Hearing by Planning Commission. The Planning GemmissienHistoric and Cultural Preservation Committee shall hold a public hearing on the applications for modifications to landmark sites per Section 15.050(A). Notice of such hearing is to be given as required for conditional use permits in Section 24.030(E) and (F) and shall include written notice to recognized historical preservation organizations. 15.060 - Review of Applications for Demolition Permits A. Applications for Demolition Permits. Applications for demolition permits shall be referred to the Historic and Cultural Preservation Committee for review and determination, when the Director determines that a structure has potential historic or cultural significance. The following exceptions to this provision shall apply: permits for buildings posing an immediate danger to the public safety, health and welfare, as determined by the Director and the Chief Building Official, and /or applications of a routine, minor nature not warranting further review, as determined by the Director. When demolition of a historic structure is permitted, the applicant shall be required to salvage, to the extent possible, building materials, fixtures, doors, and other items of a historic nature, for reuse or to be made available to interested parties. When determining whether a structure has potential historic or cultural significance, the Director may require the property owner to submit an official evaluation of the property prepared by a qualified historian or archaeologist, and may use the following California Register of Historical Resources criteria, which states that a resource may be significant if it is: 1. Associated with events that have made a significant contribution to the broad patterns of local or regional history, or the cultural heritage of California or the United States; 2. Associated with the lives of persons important to local, California, or national history; 3. Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic value; or 4. Has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California, or the nation. B. Findings, Ordinance No. 2300 N.C.S. 15 -5 13°S7 1. Finding of No Significance. If the Historic and Cultural Preservation Committee determines that a structure is not culturally or historically significant, the application shall be returned to the Director with a finding of no significance and the demolition permit shall be issued. 2. Finding of Significance. In cases where the Historic and Cultural Preservation Committee determines the structure has cultural or historical significance, the Committee shall make the findings as outlined below, deny the application for demolition, except as provided in Section 15.080 of this Chapter, and shall forward its decision to the Director. Mandatory findings of significance are as follows: a. The structure is of historical /cultural significance when listed on a local, state, or national register or survey. b. The structure is eligible for listing on a local, state, or national register or survey. c. Demolition of said structure will be detrimental to the aesthetic and /or economic vitality of the community. d. Any of the criteria used by the Director to determine the historical or cultural significance of the property. 15.070 - Review of Applications to Construct, Alter, or Demolish Designated Structures or Structures in Designated Areas A. Standards for Review. When evaluating applications, the Historic and Cultural Preservation Committee and Planning Commission shall use the California Register of Historic Resources criteria outlined in Section 15.060(A)(1 -4), the Secretary of the Interiors Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and shall consider the architectural style of the building, design, arrangement, relationship to surrounding buildings and historic character of the area, texture, materials, color, and any other pertinent factors. Applications shall not be approved unless: 1. Landmark Sites. The proposed work shall not adversely affect the exterior architectural characteristics or other features of the landmark, and, where specified in the designating ordinance for a publicly owned landmark, its major interior architectural features, nor adversely affect the character or historical, architectural, or aesthetic interest or value of the landmark and its site. 2. Historic Districts. The proposed work shall not adversely affect the exterior architectural characteristics or other features of the property which is the subject of the application, nor adversely affect its relationship in terms of harmony and appropriateness with its surroundings, including neighboring structures, nor adversely affect the character, or the historical, architectural, or aesthetic interest or value of the district. In addition, applications shall be consistent with standards included in the designating ordinance, 15.080 - Showing of Hardship in Cases of Proposed Alteration, Demolition, or Construction If �he applicant presents facts clearly demonstrating to the satisfaction of the appropriate- authorized reviewing body that failure to approve the application will cause immediate and substantial hardship because of conditions peculiar to the particular structure or other features involved and not created by an act of the owner, the reviewing body may approve such application even though it does not meet the standards set forth in either this chaptere- enabling or designating ordinance. In this context, personal, family or financial difficulties, loss of prospective profits and neighboring violations are not justifiable hardships. The reviewing body may require the applicant to provide documentation, such as structural engineering reports, verifying hardship. 15.090 — Director Referral to Historic and Cultural Preservation Committee The Director may refer other projects which are not designated as landmarks or which are not located within an historic district, to the Historic and Cultural Preservation Committee for approval upon determining that the site or structure may be of historic or cultural significance, in accordance with any of the findings listed under Section 15.060 (A)(1 -4), of this Chapter. Ordinance No. 2300 N.C.S. 15 -6 9- 15.100 - Applicability and Enforcement A. Applicability. No application for a permit to construct, alter, demolish, or remove any structure or other feature on a proposed landmark site or in a proposed historic district, filed subsequent to the date of initiation or proceedings to designate the landmark site or historic district, shall be approved while the proceedings are pending; provided, however, that if final action on the designation has not been completed one hundred eighty (180) days after initiation of designation proceedings, the permit application may be approved. 2. The provisions of this Chapter shall be inapplicable to the construction, alteration, demolition, or removal of any structure or other feature of a landmark site or in a historic district, where a permit for the performance of such work was issued prior to initiation of proceedings for designation of the landmark site or historic district, and where such permit has not expired or been canceled or revoked, provided that construction is started and diligently prosecuted to completion in accordance with the Building Code. Unsafe or Dangerous Conditions. None of the provisions of this Chapter shall prevent any measures or construction, alteration, or demolition necessary to correct the unsafe or dangerous condition of any structure, other feature, or part thereof, where such condition has been declared unsafe or dangerous by the Chief Building Official or the Fire Marshal, and where the proposed measures have been declared necessary by such official to correct the said condition; provided, however, that only such work as is absolutely necessary to correct the unsafe or dangerous condition and as is done with due regard for preservation of the appearance of the structure involved, may be performed pursuant to this section. In the event any structure or other feature shall be damaged by fire, or other calamity, or by act of God, to such an extent that in the opinion of the aforesaid officials it cannot be reasonably repaired and restored, it may be removed in conformity with normal permit procedures and applicable laws. C. Duty to Keep in Good Repair. The owner, lessee, and other person in actual charge or possession of a landmark, a structure in a historic district, or any other cultural or historically significant property, shall keep in good repair all of the exterior portions of such landmark or structure, all of the interior portions thereof when subject to control as specified in the designating ordinance, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior portion. D. Filing Fees. There shall be no filing fees beyond those required by other sections of the City Code for any application, or to commence any proceedings under this Chapter. E. Methods of Enforcement. This section shall be enforced in accordance with the provisions of Section 26.010 and Section 26,020 of the Zoning Ordinance and Section 1.08.010 of the Petaluma Municipal Code dated January 1972. The Director shall have the authority to implement the enforcement thereof by serving notice requiring the removal of any violation of this Chapter upon the owner, agent, tenant, or occupant of the building or land, or upon the architect, builder, contractor, or other person who commits or assists in any such violation. 15.110 - Adoption of Design Guidelines The City Council may, by resolution, adopt design guidelines and preservation guidelines to be applied to an historic district. Major amendment to such guidelines shall be by resolution of the City Council. Minor amendments which do not affect the intent of the Guidelines or result in a substantial change to standards or recommendations may be administered by staff. Ordinance No. 2300 N.C.S. 15 -7 9 --7