HomeMy WebLinkAboutStaff Report 3.C 01/23/2017DATE:
TO:
FROM:
Agenda Item #3.0
January 23, 2017
Honorable Mayor and Members of the City Council through City Manager
Kevin Colin, Deputy Planning Manager
Heather Hines, Planning Manager
SUBJECT: Adoption (Second Reading) of an Ordinance Amending Petaluma
Municipal Code Chapter 2.30 and a Separate Ordinance Amending
Implementing Zoning Ordinance Chapter 15.
RECOMMENDATION
It is recommended that the City Council Adopt:
An Ordinance amending Petaluma Municipal Code Chapter 2.30 for consistency with
the Historic and Cultural Preservation Committee (HCPC) enabling legislation; and
• 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
At their meeting of January 9, 2017, the City Council unanimously approved introduction of two
ordinances pertaining to the HCPC. At the same meeting the City Council approved, also by
unanimous vote, a resolution establishing Enabling Legislation for the HCPC. The ordinances
were introduced (as presented) at the hearing. No changes were made.
ATTACHMENT
1. Draft Ordinance (Municipal Code Chapter 2.30)
2. Draft Ordinance (Implementing Zoning Ordinance Chapter 15)
Attachment 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 -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.
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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 23rd day of January, 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
Exhibit A to Ordinance
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.
Attachment 2
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:
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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.
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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 23rd day of January, 2017 by the following vote:
Ayes:
Noes:
Abstain:
Absent:
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.
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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.
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.
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:
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I . For a publicly owned landmark, review of proposed changes in major interior architectural features.
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.
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.
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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 I 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
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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
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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.
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
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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.
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