Glendale City Zoning Code
CHAPTER 30
25 HISTORIC DISTRICT OVERLAY ZONE HD
§ 30.25.010 Purpose.
The city recognizes that the historic and architectural resources of Glendale are among its most important assets. It is the purpose of this chapter:
A.
To protect the beauty of the city and improve the quality of its environment through identification, recognition, conservation, maintenance and enhancement of its historic and architectural resources within neighborhoods;
B.
To protect designated areas having historic and architectural significance against intrusion of alterations, additions, new structures and other designs that fail to protect such significance;
C.
To ensure harmonious, orderly and efficient growth and development of the city;
D.
To stabilize and improve property values in such designated areas, thus strengthening the local economy;
E.
To foster civic pride; and
F.
By furthering such purposes, to promote the public welfare, to strengthen the cultural and educational life of the city and to make the city a more attractive and desirable place in which to live and work.
(Ord. 5399 Attach. A, 2004; Ord. 5949 § 28, 2020)
§ 30.25.015 Definitions.
For the purposes of this chapter the following words and phrases shall have the meanings ascribed to them unless otherwise noted:
means anything constructed having a roof supported by columns or walls for the purpose of housing, shelter or enclosure.
means the distinctive physical forms, elements, materials, details, and/or characteristics that convey the significance of a historic resource.
means the Glendale Municipal Code.
means removal of all above-grade portions of a resource that is a contributing or non-contributing property in a designated or pending historic district overlay zone.
means a historic resource in a designated or pending historic district overlay zone that was built within the period of significance and retains enough historic integrity to contribute to the overall character and significance of the historic district overlay zone.
is the act or process of destroying, knocking down, pulling down, tearing down, flattening, razing, or leveling a building, structure, or object. For purposes of this chapter, demolition can be either complete or partial.
means the process by which the owner, or his or her designee, of a resource that is a contributor in a designated historic district overlay zone or pending historic district overlay zone allows its ongoing deterioration over a period of time as a result of lack of maintenance, failure to protect it from pests or vandals, and/or failure to take reasonable measures to prevent ingress of water or wind through the roof, walls, or apertures, leading to deterioration and/or structural failure that results in complete or partial demolition, the loss of character-defining features, and/or that constitutes a threat to public health and safety.
means a geographically definable area possessing a significant concentration, linkage or continuity of properties that constitute more than 60% of the total properties in the district and which are united historically or aesthetically by plan or physical development.
means the guidelines published by the city that provide direction for altering portions of properties that are contributors and non-contributors in designated and pending historic district overlay zones that are visible from the public right-of-way.
means the authenticity of a resource’s historic identity, evidenced by the survival of physical characteristics that existed during the resource’s prehistoric or historic period and allow it to continue to convey its significance. Historic integrity is the composite of seven aspects or qualities: location; design; setting; materials; workmanship; feeling; and association (as defined by the National Park Service). All seven aspects or qualities do not need to be present as long as the overall sense of past time and place is evident.
means a resource that is historically or archaeologically significant in the cultural, architectural, archaeological, tribal, engineering, scientific, economic, agricultural, educational, social, political or military heritage of the city of Glendale, the state of California, or the United States and retains sufficient historic integrity to convey its significance. For the purposes of this chapter, designated historic district overlay zones and properties that are contributors to designated historic district overlay zones are historic resources.
means alteration to any exterior portion of a resource that is a contributor or noncontributor to a designated historic district overlay zone or pending historic district overlay zone that involves:
Construction of an addition to an existing building or structure, or new construction, exceeding 200 square feet at a location visible from the public right-of-way;
Construction of an addition to an existing building or structure, or new construction, with 700 square feet or greater of building area at a location not visible from the public right-of-way;
Construction of more than one addition as part of the same project at an existing building or structure, or new construction of, in combination, 700 square feet or greater of building area at any location regardless of visibility from the public right-of-way;
Construction of an additional story to any existing building or structure;
An alteration determined by the director of community development to be incompatible with the Secretary of the Interior’s Standards for Rehabilitation; or
An alteration, including, but not limited to, changes to architectural style, roof form, roof cladding, wall cladding and/or fenestration that, based on the assessment of the director of community development, is determined to require design review by the appropriate review authority in order to make a determination of compatibility with the Secretary of the Interior’s Standards for Rehabilitation.
means alteration to any exterior portion of a resource that is a contributor or noncontributor to a designated historic district overlay zone or pending historic district overlay zone, that involves:
Construction of an addition to an existing building or structure, or new construction, of 200 square feet or less at a location visible from the public right-of-way;
Construction of an addition to an existing building or structure, or new construction, of less than 700 square feet at a location not visible from the public right-of-way; or
Any alteration determined by the director of community development to be compatible with the Secretary of the Interior’s Standards for Rehabilitation and that does not exceed the thresholds established by subsections 1 and 2 of this definition.
means a resource in a designated or pending historic district overlay zone that was either not built within the historic district overlay zone’s period of significance or was built within the period of significance but does not retain enough historic integrity to contribute to the overall character and significance of the historic district overlay zone.
means a thing that is not a building or structure, or part thereof, that is expressive of the cultural, architectural, archaeological, tribal, engineering, scientific, economic, agricultural, educational, social, political or military heritage of the city of Glendale, the state of California, or the United States.
means the removal, alteration, or destruction of one or more character-defining features of a historic district overlay zone contributor that have been identified as character-defining in a property-specific historic assessment, in a historic resources survey prepared by a person meeting the Secretary of the Interior’s Professional Qualification Standards in Historic Architecture or Architectural History, or by the director of community development.
means an area for which certain property owners of said area have submitted a historic district overlay zone application and which the historic preservation commission has preliminarily determined to appear eligible for designation at a public hearing. These terms shall apply to the area until such time as the application is approved or denied by city council, or is withdrawn by the applicants.
means the span of time during which events and activities significant in the history and development of a designated or pending historic district overlay zone occurred.
means any significant landscape or hardscape feature, as identified in the historic resources survey approved by city council for a designated historic district overlay zone, or as determined by the director of community development for a pending historic district overlay zone.
means a building, structure, object, site, area, or district, man-made or natural.
means alteration to any portion, visible from the public right-of-way, of a resource that is a contributor to a designated historic district overlay zone or pending historic district overlay zone, that does not conflict with its ongoing status as a contributing property and that involves:
Repair and/or replacement of a cumulative total of 100 square feet or less of any exterior wall or roof cladding material with new material that matches the existing in terms of material, dimension, color, texture, reflectivity, and overall appearance;
Repointing of masonry joints with a cumulative total of 25 linear feet or less with new mortar that matches the existing in terms of material, color, texture, profile, and overall appearance;
Replacement of window or door glazing except for glazing identified as significant in the department of community development staff report presented to city council at the time of the property’s designation or by the director of community development pursuant to Section 15.20.030 of this code;
The removal, maintenance, and/or installation of landscape materials, except for protected landscape features, and indigenous trees pursuant to Chapter 12.44 of this code;
The application of vapor-permeable paint or stain finishes to wall cladding materials and trim provided that the finish does not change the existing texture of the underlying material, except for finish colors and and/or locations specific to the resource that should be maintained, as identified in: for a designated historic district overlay zone, the historic resources survey approved for the historic district overlay zone by city council; or, for a pending historic district overlay zone, by the director of community development;
Any other work determined by the director of community development to constitute “routine maintenance and repair.”
is the set of requirements issued by the US Department of the Interior, National Park Service (36 CFR Part 61) that define minimum education and experience required to perform identification, evaluation, registration, and treatment activities.
is the set of standards issued by the US Department of the Interior, National Park Service (36 CFR Part 67) and the publications of the National Park Service (NPS), Preservation Assistance Division, Guidelines for Rehabilitating Historic Buildings (1992, NPS) and The Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (1995, NPS), and any subsequent publication on the Secretary’s Standards by the NPS.
means anything constructed that has a foundation but no roof. “Structure” does not include fences and walls, which are considered “objects.”
means a resource, with cultural value to a California Native American tribe that is either included or determined to be eligible for inclusion in the National Register of Historic Places or the California Register of Historical Resources, or included in the Glendale Register of Historic Resources, or is a resource determined by the director of community development to be a potential historic resource. A cultural landscape that meets these criteria is a tribal cultural resource to the extent that the landscape is geographically defined in terms of the size and scope of the landscape. Historical resources, unique archaeological resources, or non-unique archaeological resources may also be tribal cultural resources if they meet these criteria.
means any portion of a designated historic resource, a resource that is pending designation as a historic resource, or a resource that is a potential historic resource that is visible from the public street or sidewalk immediately adjacent to the property. For the purposes of this chapter, any portion of a designated historic resource, a resource that is pending designation as a historic resource, or a resource that is a potential historic resource that is not visible due to landscaping shall nonetheless be considered visible from the public right-of-way.
(Ord. 5931 § 9, 2019; Ord. 5949 § 29, 2020)
§ 30.25.020 Historic district overlay zone designation criteria.
A geographic area may be designated as a historic district overlay zone by the city council upon the recommendation of the historic preservation commission and planning commission if the district meets one or more of the following criteria:
A.
Exemplifies or reflects special elements of the city’s cultural, social, economic, political, aesthetic, engineering, architectural, or natural history;
B.
Is identified with persons or events significant in local, state, or national history;
C.
Embodies distinctive characteristics of a style, type, period, method of construction, or is a valuable example of the use of indigenous materials or craftsmanship;
D.
Represents the work of notable builders, designers, or architects;
E.
Has a unique location or is a view or vista representing an established and familiar visual feature of a neighborhood community or of the city;
F.
Embodies a collection of elements of architectural design, detail, materials, or craftsmanship that represent a significant structural or architectural achievement or innovation;
G.
Reflects significant geographical patterns, including those associated with different eras of settlement and growth, transportation modes, or distinctive examples of park or community planning;
H.
Conveys a sense of historic and architectural cohesiveness through its design, setting, materials, workmanship, or association; and/or
I.
Has been designated a historic district in the National Register of Historic Places or the California Register of Historical Resources.
(Ord. 5399 Attach. A, 2004; Ord. 5949 § 30, 2020)
§ 30.25.030 Procedure for historic district overlay zone designation and modification.
The following shall be the procedures for designating or modifying historic district overlay zones:
A.
Applications for Historic District Overlay Zone Designation or Modification. Applications for the establishment or modification of historic district overlay zones must originate with the owners of any three properties within the proposed district boundary (the study area) and shall be submitted to the director of community development. Applications shall include the proposed historic district overlay zone study area boundary, addresses of all properties to be included in the proposed historic district overlay zone, a written narrative describing the history and development of the area, and a statement describing why the proposed historic district overlay zone designation or modification meets the criteria for designation under Section 30.25.020.
B.
HPC Review of Application and Establishment of Pending Historic District. Once the application to designate or modify a historic district overlay zone is deemed complete, the director of community development shall set a community forum and a public hearing before the historic preservation commission. The commission shall hold the community forum to inform residents and owners about the proposed historic district and historic districts in general, as well as answer questions. Immediately following the community forum, the commission will conduct the public hearing to make a preliminary determination whether the application contains sufficient information indicating the study area appears likely to meet the thresholds and criteria set forth in Chapter 30.25 for purposes of subsequently undergoing more detailed analysis. In preparation for the community forum and public hearing before the historic preservation commission, the director of community development may meet with residents of the community, seek advice of preservation professionals and historians, and conduct or receive any research or studies to assist the historic preservation commission with its preliminary determination whether the proposed district meets the criteria and thresholds for designation in Chapter 30.25.
1.
Notice of the community forum and public hearing shall be mailed to every property owner, and every household that is not owner occupied according to the most recent Los Angeles County Assessor's office property records, in the proposed historic district overlay zone, and to every property owner within 500 feet of the boundary of the proposed historic district overlay zone. The notice shall be accompanied by a document prepared by the director of community development containing information describing the proposed historic district overlay zone, a map showing the proposed district boundary, the address ranges of the properties within the proposed district boundary, and instructions for locating relevant documents, including the application materials and general information about historic districts, on the city of Glendale website.
2.
If the historic preservation commission preliminarily determines that the proposed historic district overlay zone appears to be eligible for designation or modification, the director of community development shall send notice of such preliminary determination pursuant to Section 30.25.030(B)(3) of this Code.
3.
If the historic preservation commission determines the proposed historic district does not appear eligible for designation, the application shall be deemed denied and the director of community development shall send notice of such determination pursuant to Section 30.25.030(B)(3).
4.
If the historic preservation commission preliminarily determines that the proposed historic district overlay zone appears eligible for designation or modification, but additional evidence demonstrating public support for the application is warranted, then the historic preservation commission may require the applicant to circulate a petition within the proposed district requesting that city council authorize preparation of a historic district survey.
a.
All petition forms, whether circulated physically or digitally, shall be accompanied by an informational document prepared by the director of community development containing information regarding the proposed historic district overlay zone, a map indicating the proposed district boundary, the address ranges of the properties within the boundary, and instructions for locating relevant documents, including the application and general information about historic districts, on the glendale community development department website. The petition forms shall be distributed to the applicant and shall contain a statement that all signatories acknowledge their ownership and their authority to sign the petition under penalty of perjury.
b.
Within 90 days of the preliminary determination of eligibility by the historic preservation commission, or within 90 days of a city council action sustaining the historic preservation commission's determination following an appeal, the project proponents shall submit to the director of community development a petition requesting a historic district survey. The time limit may be extended for another 90 days by the director of community development upon showing of good cause. Any request for an extension of time must be made prior to the expiration of the initial 90 day time limit.
c.
The director of community development shall verify the number of properties represented on the petition by valid signatures, signed under penalty of perjury, and affixed in original handwriting or using the city's accepted digital signature platforms. If the owners of more than 25 percent of the properties in the study area have signed the petition, the historic district overlay zone application shall move forward in the designation process and the director of community development shall send notice of such preliminary determination pursuant to Section 30.25.030(B)(3). If the owners of 25 percent or less of the properties in the study area have signed the petition, the application shall be deemed denied and the director of community development shall send notice of such determination pursuant to Section 30.25.030(B)(3) below.
d.
For the purpose of this section the signature of an "owner of property" to constitute a valid petition signature, the petition shall be signed by one of the following:
i.
Where the property is held by one individual, the petition shall be signed by that individual;
ii.
Where the property is held in a form of co-tenancy, including joint tenancy, tenants in common, tenants in partnership or community property, then each such co-tenant shall be required to sign the petition;
iii.
Where the property is held by a business entity, such as a corporation, limited partnership, general partnership, or limited liability, an authorized agent of such business entity with the power to bind the entity in contract shall sign the petition;
iv.
Where the property is a common interest development, as defined in California Civil Code Section 1351, the authorized agent of the homeowner's association or other agent designated in the common interest development's governing documents shall sign the petition; or
v.
Where the property is held in trust, all co-trustees shall sign the petition unless the California Probate Code allows otherwise.
e.
Properties owned by any public agency shall not be considered, either as signatories or when determining the total number of properties, in judging whether a petition has sufficient signatures.
5.
Upon the determination of the historic preservation commission that the proposed historic district overlay zone designation or modification appears eligible for designation or modification and the director of community development's acceptance of any petition required under Section 30.25.030(B)(2), the proposed historic district overlay zone shall be deemed a "pending historic district overlay zone" until such time as the application is approved or denied by city council or is withdrawn by the applicants. The director of community development shall mail a notice of this determination to every property owner, and every household that is not owner occupied according to the county assessor's office, in the study area, and to every property owner within 500 feet of the preliminary boundary. This notice shall include information about the transfer of design review authority in the pending district from the design review board to the historic preservation commission pursuant to Section 30.25.040, the applicability of the historic district design guidelines for design review of applications submitted subsequent to the date of this determination pursuant to Section 30.25.050, the process to oppose the designation of a historic district, and instructions for locating the guidelines, the historic district application, and general information about historic districts on the Glendale community development department website.
6.
In the event the historic preservation commission denies the application pursuant to Section 30.25.030(B)(1) or the petition fails to receive the minimum threshold level of support required under Section 30.25.030(B)(2), the director of community development shall send notice that the application is denied to every property owner, and every household that is not owner occupied according to the then-current Los Angeles county assessor's property information, in the proposed historic district overlay zone, and to every property owner within 500 feet of the preliminary study area boundary.
C.
Following the historic preservation commission's determination that the proposed historic district overlay zone designation or modification appears eligible to be established pursuant to Chapter 30.25, the director of community development shall issue a request for proposals to preservation consulting firms meeting the Secretary of the Interior's Professional Qualification Standards. In the event the historic preservation commission required a petition requesting a historic district survey pursuant to Section 30.25.030(B)(2), the request for proposals shall not be issued until the director of community development has received said petition and verified that it bears the signatures of the owners of over 25 percent of the properties in the proposed district boundary.
Upon review of the consultants' submitted proposals, the director of community development shall prepare a ranked list of recommended consultants and set a hearing before city council to review the proposals and request funding authorization, as follows:
1.
City council shall select a preferred bidder and authorize funding for the historic district survey, directing the director of community development to prepare a contract between the city and the consultant chosen by city council.
2.
City council shall select a preferred bidder but, in the event that the historic preservation commission did not require a petition requesting a historic district survey pursuant to Section 30.25.030(B)(2) and city council finds reason to require further public input to indicate the level of support for establishing or modifying a historic district overlay zone, it may require that the project proponents circulate a petition requesting a historic district survey to property owners within the proposed boundary, or any boundary modified by the historic preservation commission or city council, asking the city council to authorize preparation of a historic district survey or modification of an existing survey in accordance with the process established in Section 30.25.030(B)(2). City council shall also authorize the director of community development, upon his or her receipt and verification of a petition bearing the signatures of the owners of over 25 percent of the properties in the proposed district boundary, to prepare a contract between the city and the consultant chosen by city council.
D.
Hearing to Review Draft Historic District Survey. Upon the consultant's completion of a draft historic district survey, including any recommended additions to the historic district design guidelines necessitated by the findings of the survey, the director of community development shall set the draft survey for review before the historic preservation commission in a duly noticed community forum and public hearing according to the procedures set forth in Chapter 30.61 of this title. The mailed notice shall be accompanied by a document containing basic information regarding the findings of the draft survey, a map of the final district boundary verified by the consultant, and the address ranges of the properties within that boundary, and instructions for locating relevant documents, including the draft historic district survey and all property specific DPR 523a survey forms, on the Glendale community development department website. The notice shall be mailed to every property owner, and every household that is not owner occupied according to the county assessor's office, in the study area.
1.
The commission may approve the draft historic district survey as presented or provide direction to the director of community Development to make any specific minor revisions required to transform the draft survey into the final historic district Survey. The historic preservation commission shall then, or upon completion of any required minor revisions, authorize the project proponents to circulate a petition to affected property owners asking the city council to establish the historic district overlay zone. All petition forms, whether circulated physically or digitally, shall be accompanied by an informational document prepared by the director of community development containing basic information regarding the findings of the final survey, a map of the final district boundary verified by the consultant, the address ranges of the properties within the boundary, and instructions for locating relevant documents, including the final historic district survey and all property-specific DPR 523a survey forms, the historic district design guidelines, and general information about historic districts on the Glendale community development department website.
2.
If the historic preservation commission determines the draft historic district survey requires significant revision, it may continue the hearing item and direct the director of community development to work with the consultant to revise the survey to address the commission's specific concerns. The revised draft survey will be returned to the commission at a duly noticed community forum and public hearing at which the survey, if approved, will become the final historic district survey. The notice shall be mailed to every property owner, and every household that is not owner occupied according to the county assessor's office, in the study area. The notice for the continued community forum and public hearing shall be accompanied by an informational document prepared by the director of community development containing basic information regarding the findings of the final survey, a map of the final district boundary verified by the consultant, the address ranges of the properties within the boundary, and instructions for locating relevant documents, including the final historic district survey and all property-specific DPR 523a survey forms, the historic district design guidelines, and general information about historic districts on the Glendale community development department website.
3.
Upon the historic preservation commission's approval of the final historic district survey per Section 30.25.030(D)(1) or 30.25.031(D)(2), above, it shall issue its final recommendation to city council regarding the establishment of the historic district overlay zone. The commission shall also authorize the project proponents to circulate a petition requesting a historic district overlay zone to affected property owners asking city council to establish a historic district overlay zone. All petition forms, whether circulated physically or digitally, shall be accompanied by an informational document prepared by the director of community development containing basic information regarding the findings of the final survey, a map of the final district boundary verified by the consultant, the address ranges of the properties within that boundary, and instructions for locating relevant documents, including the final historic district survey and all property-specific DPR 523a survey forms, the historic district design guidelines, and general information about historic districts and how their designation affects property owners on the city of Glendale website. This document shall also include information about how to sign and submit the petition.
4.
Within 180 days of the historic preservation commission's authorization to circulate a petition requesting a historic district overlay zone, the project proponents shall submit said petition to the director of community development. Said petition must be signed by the owners of more than 50 percent of the properties in the historic district study area, signed under penalty of perjury, and affixed in original handwriting or using the city's accepted digital signature platforms. Notwithstanding the foregoing, a petition satisfying the requirements of Article XV, Section 2 of the Glendale city charter shall satisfy the requirement of this subsection. If such a petition is not submitted to the satisfaction of the director of community development within 180 days of the historic preservation commission's authorization to circulate the petition, the application for a historic district overlay zone shall be deemed denied. The six-month time limit may be extended by the director of community development upon showing of good cause. Any request for an extension of time must be made prior to the expiration of the 180-day time limit.
a.
For the purpose of this section, for the signature of an "owner of property" to constitute a valid petition signature, the petition shall be signed by one of the following:
i.
Where the property is held by one individual, the petition shall be signed by that individual;
ii.
Where the property is held in a form of co-tenancy, including joint tenancy, tenants in common, tenants in partnership or community property, then each such co-tenant shall be required to sign the petition;
iii.
Where the property is held by a business entity, such as a corporation, limited partnership, general partnership, or limited liability, an authorized agent of such business entity with the power to bind the entity in contract shall sign the petition;
iv.
Where the property is a common interest development, as defined in California Civil Code Section 1351, the authorized agent of the homeowner's association or other agent designated in the common interest development's governing documents shall sign the petition; or
v.
Where the property is held in trust, all co-trustees shall sign the petition unless the California Probate Code allows otherwise.
b.
Properties owned by any public agency shall not be considered, either as signatories or when determining the total number of properties, in judging whether a petition has sufficient signatures.
5.
Upon receipt of the petition, and verification by the director of community development that the petition satisfies the requirements of Section 30.25.030(D)(3), director of community development shall prepare a report that details the appropriateness of the recommended boundary consistent with the historic district overlay zone designation criteria, provide the percentage of the properties in the district whose owners are petitioning the city council, provide an overview of the history and significance of the area, provide photographs of all properties within the area (both contributing and non-contributing buildings), and present any supplements to the historic district design guidelines prepared by the consultant.
E.
Planning Commission Review of Proposed Historic District Overlay Zone. The director of community development shall forward the historic preservation commission's recommendation to the planning commission for consideration of a zone change to create the specific historic district overlay zone. The application shall then be processed according to the procedures set forth under Chapters 30.61 and 30.63 of this title.
F.
Modification or Deletion of Historic District Overlay Zone. The procedures for modification or deletion of a historic district overlay zone shall follow the procedures outlined in this section and elsewhere in the Zoning Code (Title 30) and the city charter as applicable.
G.
Translation of Public Notices and Educational Materials. Any information or materials, including, but not limited to, public notices, petitions, and educational materials about historic districts, that is provided by the city of Glendale as part of the historic district process in any format, whether as hard copy, digitally, or on the city of Glendale website, shall be translated into, at minimum, Armenian, Korean, and Spanish.
(Ord. 5399 Attach. A, 2004; Ord. 5535 § 9, 2006; Ord. 5747 § 21, 2011; Ord. 5949 § 31, 2020; Ord. 6014, 10/10/2023)
§ 30.25.040 Design review authority.
The historic preservation commission and the director of community development, as applicable, shall have design review authority within all designated historic district overlay zones and pending historic district overlay zones and may additionally review design plans and applications outside of historic district overlay zones as needed, and shall review and either approve, approve with conditions, or deny all proposals under the authority granted by Chapter 30.47.
(Ord. 5399 Attach. A, 2004; Ord. 5585 § 7, 2007; Ord. 5747 § 22, 2011; Ord. 5949 § 32, 2020)
§ 30.25.045 Identification of character-defining features.
The character-defining features of a contributing property in a designated historic district overlay zone may be identified at the time of designation or in survey documentation and reflect the existing condition of the property at such time. To the extent that one or more character-defining features are not specifically identified at the time of designation or in survey documentation, there is a rebuttable presumption that features that conform to the definition of “character-defining feature” included in Section 30.25.015 of this chapter and that date to the property’s original construction and/or to any subsequent historically-significant alteration, will be treated as character-defining features and will be identified as such by the director of community development pursuant to Section 30.25.050 of this chapter.
(Ord. 5931 § 10, 2019)
§ 30.25.050 Historic district overlay zone design review.
For any resource that is a contributor or non-contributor to a designated historic district overlay zone or a pending historic district overlay zone, no major alterations or minor alterations pursuant to Sections 30.25.052 and 30.25.054, below, whether or not visible from the public right-of-way, may take place without the design review approval of the historic preservation commission or the director of community development, as applicable. The Historic District Design Guidelines, and any supplements thereto, and the Secretary of the Interior’s Standards for Rehabilitation shall establish the guiding principles for this design review for portions of a resource that are visible from the public right-of-way. The Comprehensive Design Guidelines shall establish the guiding principles for design review for portions of a resource that are not visible from the public right-of-way. No building permits shall be issued prior to such design review approval for projects subject to review under this section. Any permit issued that is not in conformity with this section shall be considered void from its inception. Application filing, review, notice, and appeals shall be conducted pursuant to Chapters 30.41, 30.42 and 30.47 of this code.
For the purposes of design review for properties in pending historic district overlay zones and for which a historic resource survey has not been submitted by a consultant meeting the Secretary of the Interior’s Professional Qualification Standards, the director of community development shall determine whether the property is a contributor or a non-contributor, This determination is a rebuttable presumption and shall be based on the information included in the historic district application under consideration by the city and any additional information or materials as may be necessary for a complete review.
(Ord. 5399 Attach. A, 2004; Ord. 5585 § 8, 2007; Ord. 5692 § 22, 2010; Ord. 5747 § 23, 2011; Ord. 5949 § 33, 2020)
§ 30.25.052 Review and permit required for major alteration, or partial demolition of, contributors and non-contributors in designated historic district overlay zones and pending historic district overlay zones.
A.
No person shall make major alterations to, or partially demolish, any resource that is a contributor or non-contributor to a designated historic district overlay zone or pending historic district overlay zone without first completing any environmental review required by CEQA and obtaining all required permits. An application for such permit(s) shall be filed with the permit services center. For major alterations and partial demolitions that are visible from the street, the director of community development shall determine the appropriate design review authority, which shall be either the historic preservation commission or the director of community development. For major alterations and partial demolitions that are not visible from the street, the director of community development shall be the design review authority.
B.
The director of community development may require such supplemental additional information or materials, including environmental review pursuant to CEQA, as the director of community development deems reasonably necessary for the appropriate design review authority to complete its review. The historic preservation commission or the director of community development may impose such conditions or restrictions as is deemed necessary or appropriate to achieve the purpose of this code.
C.
The historic preservation commission shall conduct its review at a duly noticed public hearing. The director of community development shall conduct his or her review through an administrative review process requiring public notification and solicitation of public comment pursuant to Section 30.61.010 of this title. Upon consideration of public comment, the director of community development may approve the project, approve the project with conditions, or set the project for review before the historic preservation commission.
D.
For contributors, all decisions by the director of community development regarding proposed work that is visible from the street shall conform to the Historic District Guidelines and the Secretary of the Interior’s Standards for Rehabilitation and shall not conflict with the resource’s ongoing status as a contributor to a designated historic district or a pending historic district.
E.
For non-contributors, all decisions by the director of community development regarding proposed work that is visible from the street shall conform to the Historic District Guidelines chapter entitled “Guidelines for the Enhancement of Non-Contributing Buildings.”
F.
For contributors, all decisions by the historic preservation commission shall be guided and informed by the Secretary of the Interior’s Standards for Rehabilitation and shall not conflict with a resource’s status as a contributor to a designated historic district or a pending historic district.
G.
For non-contributors, all decisions by the historic preservation commission shall be guided and informed by the Historic District Guidelines chapter entitled “Guidelines for the Enhancement of Non-Contributing Buildings.”
(Ord. 5949 § 34, 2020)
§ 30.25.054 Review and permit required for minor alteration of contributors and non-contributors to designated historic district overlay zones and pending historic district overlay zones.
A.
Alterations Requiring Review and Requiring a Permit. No person shall make minor alterations to any resource that is a contributor or non-contributor to a designated historic district overlay zone or pending historic district overlay zone without completing any environmental review required by CEQA and obtaining permits. An application for such permit shall be filed with the permit services center and will be reviewed by the director of community development. The director may require the application be supplemented by such additional information or materials as deemed reasonably necessary for a complete review. The director may impose such reasonable conditions or restrictions as he or she deems necessary or appropriate to achieve the purpose of this code.
B.
Alterations Requiring Review and Not Requiring a Permit. The director of community development shall be the review authority for the purpose of determining whether certain work that does not require a permit is nonetheless a minor alteration and therefore requires review because, the alteration may have a significant impact on the character and appearance of a contributor or non-contributor to a designated historic district overlay zone or pending historic district overlay zone. The following work must be reviewed and approved by the director of community development:
1.
Replacement of doors and garage doors within existing openings;
2.
Removal of existing awnings, or installation of new awnings, that are fully supported by the wall;
3.
Removal or installation of wall cladding, trim, shutters, or other decorative materials;
4.
Installation or removal of decorative light fixtures at existing junction boxes;
5.
Construction or removal of hardscape, fences, and walls;
6.
Removal of any protected landscape feature; and
7.
Any other work not requiring a permit and determined by the director of community development to require design review due to its potential to affect the historic character and appearance of the property.
C.
Notwithstanding the foregoing, upon further review the director of community development may determine that a proposed alteration exceeds the standards to be considered a minor alteration and may require review by the historic preservation commission at a public hearing pursuant to Section 30.25.052 of this chapter.
(Ord. 5949 § 35, 2020)
§ 30.25.056 Routine maintenance and repair to contributors and non-contributors to designated historic district overlay zones and pending historic district overlay zones.
The director of community development must review and approve any routine maintenance and repair performed at the exterior portions of contributors and non-contributors to designated historic district overlay zones and pending historic district overlay zones that are visible from the public right-of-way that: (1) requires a permit; (2) exceeds the thresholds and/or requirements identified in Section 30.25.015 (“Routine maintenance and repair”); or (3) is determined by the director of community development to not meet the definition of “routine maintenance and repair.”
(Ord. 5949 § 36, 2020)
§ 30.25.060 Demolition clearance and demolition permit required for demolition of contributors and non-contributors to designated historic district overlay zones and pending historic district overlay zones.
A.
No person shall completely demolish a contributor or non-contributor to a designated historic district overlay zone or pending historic district overlay zone without obtaining approval of a demolition clearance and a demolition permit, pursuant to Chapter 15.22 of this code.
B.
In the case of an approval of a demolition of a contributor to a designated historic district overlay zone, the director of community development shall amend the historic resource survey for the district to update the record for the property.
C.
In the event any contributing or non-contributing building in a designated or pending historic district overlay zone is completely demolished or partially demolished without approval of a demolition clearance and issuance of a demolition permit pursuant to Chapter 15.22 of this code, all provisions of Section 15.20.090 of this code may apply. In the case of a property in a pending historic overlay zone for which a historic resource survey has not been submitted by a consultant retained by the city and meeting the Secretary of the Interior’s Professional Qualification Standards, the director of community development shall, as required to establish the applicability of the various enforcement provisions of Section 15.20.090, determine whether the property is a contributor or a non-contributor to the pending historic district overlay zone and, for a property determined to be a contributor, identify its character defining features. These determinations are rebuttable presumptions and shall be based on the information included in the historic district application under consideration by the city and any additional information or materials as may be necessary for a complete review.
(Ord. 5399 Attach. A, 2004; Ord. 5585 § 9, 2007; Ord. 5931 § 11, 2019; Ord. 5949 § 37, 2020)
§ 30.25.070 Design review guidelines.
A.
It is the intent of this section to ensure, insofar as possible, that buildings or structures in the historic district overlay zone shall be in harmony with other buildings or structures located therein. In addition to Section 30.47.040, the historic preservation commission shall take into account the proposal’s merit with regard to its historic and architectural integrity, the enhancement of the attractiveness and functioning of the district, and the enhancement and protection of the public and private investment and the general value of lands and improvements within the district. When considering new construction, the historic preservation review board shall assure that the design’s scale, proportions and general character are harmonious with the district.
B.
For residential properties, the historic preservation commission shall use the citywide historic district design guidelines adopted by the city council and any supplements thereto for each historic district overlay zone, as adopted by the city council at the time of designation. For nonresidential buildings, the commission shall use the nonresidential guidelines for that historic district overlay zone, as adopted by the city council at the time of designation. Such guidelines shall be used to further the purpose of this chapter and shall serve as a general foundation for determining approval, approval with conditions or denial of projects within the historic district overlay zone.
(Ord. 5399 Attach. A, 2004; Ord. 5535 § 10, 2006)