Chapter 21.07
ALTERATIONS TO HISTORICAL RESOURCES

Sections:

21.07.010    Approvals required.

21.07.020    Alterations to historical resources – Potential historical resource eligibility determination required.

21.07.030    Alterations to historical resources – Certificate of appropriateness (COA) not required.

21.07.040    Alterations to historical resources – Certificate of appropriateness required.

21.07.050    Alterations to historical resources – California’s State Historical Building Code.

21.07.060    Alterations to historical resources – Concurrent COA processing.

21.07.070    Minor alteration COA – Application, requirements and procedures.

21.07.080    Major alteration COA – Application, requirements and procedures.

21.07.010 Approvals required.

No person shall make minor or major alterations to a historical resource without first obtaining the appropriate certificate of appropriateness (COA) approvals pursuant to CVMC 21.07.070 and 21.07.080. (Also see the City’s HPP Section 4.0, Historic Preservation Projects – Certificate of Appropriateness.) (Ord. 3196 § 3, 2011).

21.07.020 Alterations to historical resources – Potential historical resource eligibility determination required.

Building permits that propose alteration of any potential historical resource shall require an eligibility determination. (Also see the City’s HPP Section 4.0, Historic Preservation Projects – Historical Resource Eligibility Determination.)

A. The Zoning Administrator shall determine the eligibility of a historical resource from the City’s HPP, surveys, historical databases, and other information available to the City;

B. If the Zoning Administrator is unable to determine the eligibility of a potential historical resource from available information, the Zoning Administrator shall have the authority to require an applicant to provide further documentation on the potential historical resource as necessary to make the determination;

C. If potential historical resources are determined to not be historical resources pursuant to criteria found in CVMC 21.04.100 or are determined to not be a contributing resource as defined in CVMC 21.03.028, then no further review will be required;

D. Potential historical resources determined to be eligible historical resources shall be required to obtain a certificate of appropriateness pursuant to the provisions of CVMC 21.07.070 or 21.07.080. (Ord. 3196 § 3, 2011).

21.07.030 Alterations to historical resources – Certificate of appropriateness (COA) not required.

The following shall not require a COA:

A. Alterations to resources determined not to be historical resources pursuant to CVMC 21.07.020. (Also see the City’s HPP Section 4.0, Historic Preservation Projects – Determination of Eligibility.)

B. Activities that are exempt from City building permits and exempt alterations as defined in CVMC 21.03.054. (Ord. 3196 § 3, 2011).

21.07.040 Alterations to historical resources – Certificate of appropriateness required.

A COA shall be required, if it is determined that the proposed alteration will impact a historical resource and shall follow the requirements and procedures set forth in CVMC 21.07.070 or 21.07.080. (Also see the City’s HPP Section 4.0, Historic Preservation Projects – Certificate of Appropriateness.) (Ord. 3196 § 3, 2011).

21.07.050 Alterations to historical resources – California’s State Historical Building Code.

Owners of historical resources may utilize the State Historical Building Code (SHBC) for alterations, repairs or additions to the historical resources subject to City approval by means of a building permit. (Also see the City’s HPP Section 5.0, Design Guidelines – California’s State Historic Building Code, and Appendix – California State Historical Building Code.) (Ord. 3196 § 3, 2011).

21.07.060 Alterations to historical resources – Concurrent COA processing.

Upon approval of the Zoning Administrator, applications for COAs may run concurrent with other discretionary permits; however, no planning approvals or building permits shall be issued prior to COA decisions, except for permits required by the Building Official to maintain or stabilize dangerous conditions or for work that does not affect the exterior integrity of the building or structure, or the historical significance of the building, structure, or site, as determined by the Zoning Administrator. (Ord. 3196 § 3, 2011).

21.07.070 Minor alteration COA – Application, requirements and procedures.

Applications for minor alteration COAs shall be made to the Zoning Administrator in writing on a form prescribed by the City’s HPP. The application shall be accompanied by plans and data sufficient to show the detail of the proposed alteration. A fee shall accompany the application pursuant to CVMC 21.12.020. (Also see the City’s HPP Historic Preservation Projects Section – Certificate of Appropriateness.)

A. Minor COA – Zoning Administrator Approval.

1. The application review shall follow the City’s Development Services Department administrative review process.

2. To substantiate an application for a minor alteration, the ZA shall have the discretion to require that a property owner or authorized agent retain an expert professional to conduct an expert technical analysis.

B. Minor Alterations COA – Findings of Fact. Prior to issuance of a minor COA the Zoning Administrator shall, through evidence presented, make all of the following findings of fact:

1. That the proposed work conforms to the Secretary of the Interior’s standards for treatment of historic properties; and

2. That the proposed work is consistent with the General Plan, applicable design guidelines, or other policies adopted by the HPC or Council; and

3. That the proposed work shall not adversely affect the exterior features of the historical resource or its special character, interest or value of other improvements and surroundings, including facade, setback, roof shapes, scale, height and relationship of material, color and texture such that the historic integrity is diminished.

C. Minor Alterations COA – Denial or Delay of Decision.

1. The Zoning Administrator shall have the authority to delay approval of a minor alteration COA for up to 90 days as part of a request of the applicant for additional information. If the requested information is not provided within 90 calendar days, the application will be closed pursuant to CVMC 19.14.700.

2. If the Zoning Administrator finds that the proposed minor alteration(s) does not meet one or more of the findings of fact as listed in subsection (B) of this section, the Zoning Administrator shall deny the minor alteration COA application.

D. Minor Alterations COA – Appeal. All appeals shall be processed pursuant to CVMC 21.12.030. (Ord. 3196 § 3, 2011).

21.07.080 Major alteration COA – Application, requirements and procedures.

Applications for major alteration COAs shall be made to the Zoning Administrator in writing on a form prescribed by the City’s HPP. The application shall be accompanied by plans and data sufficient to show the detail of the proposed alteration. A fee shall accompany the application pursuant to CVMC 21.12.020. (Also see the City’s HPP Historic Preservation Projects Section – Certificate of Appropriateness.)

A. Major Alteration COA – HPC Approval.

1. The application review shall follow the City’s Development Services Department review process for discretionary permits.

2. To substantiate an application for a major alteration COA, the City shall have the discretion to require that a property owner or authorized agent retain an expert professional to conduct an expert technical analysis.

3. The HPC shall have the authority to delay approval of a major alteration COA for up to 90 days as part of a request of the applicant for additional information. If the requested information is not provided within 90 calendar days, the application will be closed pursuant to CVMC 19.14.700.

B. Major Alteration COA – Findings of Fact. Prior to issuance of a major alteration COA the HPC shall, through evidence presented, make all of the following findings of fact:

1. That the proposed work conforms to the Secretary of the Interior’s standards for treatment of historic properties; and

2. That the proposed work is consistent with the General Plan, applicable design guidelines, or other policies adopted by the HPC or Council; and

3. That the proposed alteration shall not adversely affect the exterior features of the historical resource or its special character, interest or value of other improvements and surroundings, including facade, setback, roof shapes, scale, height and relationship of material, color and texture such that the historical integrity is diminished.

C. Major Alterations COA – Denial. If the HPC finds that the proposed major alteration(s) does not meet one or more of the findings of fact as listed in subsection (B) of this section, the HPC shall deny the major alteration COA application.

D. Major Alterations COA – Appeal. All appeals shall be processed pursuant to CVMC 21.12.030. (Ord. 3196 § 3, 2011).