Sebastopol City Zoning Code

17.150 Cultural

Heritage

“Alteration, substantial” means any exterior change or modification through public or private action to a landmark or site of historic interest, substantially affecting the exterior visual qualities of the property excluding ordinary maintenance.

“Landmark” means any improvement, site or natural feature which has been designated by the Planning Commission as appropriate for recognition pursuant to this chapter. Only such exterior elements which are visible from the public right-of-way may be subject to the controls of this chapter.

17.150.010 Purpose.

It is hereby declared as a matter of public policy that the purpose of this chapter is to promote the public health, safety and general welfare by establishing such procedures and providing such regulations as is deemed necessary to:

A. Recognize improvements which represent elements of the City’s cultural, social, economic, political, and architectural history.

B. Foster civic pride in the beauty and accomplishments of the past.

C. Encourage the protection, restoration, and enhancement of the City’s aesthetic and historic attractions to residents, visitors, and others, thereby serving as a stimulus and support to local commerce.

D. Promote the use of landmarks for the education, appreciation and welfare of the people of Sebastopol.

E. Preserve diverse and harmonious architectural styles and designs reflecting phases of the City’s history and to encourage complementary, contemporary design and construction.

F. Protect and enhance property values and to strengthen the economy of the City and the financial stability of its inhabitants.

G. Conserve valuable material and energy resources by the ongoing use and maintenance of the existing built environment.

H. Foster and encourage the preservation, restoration and rehabilitation of structures, areas and neighborhoods and thereby prevent future urban blight. (Ord. 1111, 2018)

17.150.020 Additional definitions.

“Site of historic interest” means any improvement which has been designated as contributing to the historical heritage of Sebastopol and determined to be appropriate for official recognition by the Planning Commission pursuant to this chapter. Only such exterior elements which are visible from the public right-of-way may be subject to the controls of this chapter.

“Substantial adverse change” means any demolition, destruction, relocation, or alteration activities that would impair the significance of a designated resource. (Ord. 1111, 2018)

17.150.030 Powers.

The Planning Commission, or City Council on appeal, shall have the following powers regarding landmarks and sites of historic interest:

A. Designate structures, sites, or other features as official City landmarks or sites of historic interest by resolution of the Planning Commission. However, no landmark or site of historic interest designation may be initiated nor shall any application for designation be approved by the Planning Commission without the consent of the property owner, and in the case of property owned by the City of Sebastopol, the Planning Commission’s actions relative to this chapter shall constitute recommendations to the City Council, with final authority resting with the City Council for such properties.

B. Conduct studies and evaluations of landmark and site of historic interest applications as necessary.

C. Maintain a listing and description of designated landmarks and sites of historic interest.

D. Review applications for significant alterations to or demolition of designated landmarks and sites of historic interest.

E. Remove a landmark or site of historic interest designation.

F. Work for the continuing education of the citizens of Sebastopol about the heritage of the City and its cultural resources.

G. Consult with and advise the City Council in connection with the exercise of the duties set forth in this chapter and in the General Plan.

H. Encourage public participation in the identification and preservation of historic resources.

I. Recommend zoning and General Plan amendments for the purpose of preserving historic resources.

1. The Director of Planning shall have the following powers regarding landmarks and sites of historic interest:

a. Determine application requirements.

b. Advise the Planning Commission and City Council regarding applications and other matters pertaining to this chapter.

c. Determine whether a proposed alteration to a designated landmark or site of historic interest is substantial or not.

2. The City Council shall have the following powers regarding landmarks and sites of historic interest:

a. Set application fees by resolution.

b. Hear appeals of decisions of the Planning Commission.

c. Consider recommendations from the Planning Commission concerning other matters pertaining to historic resources. (Ord. 1111, 2018)

17.150.040 Landmark designation criteria.

For purposes of this chapter, the Planning Commission may approve the landmark designation of a structure, improvement, or natural feature if it finds that it meets one or more of the following criteria:

A. It exemplifies, symbolizes, or manifests elements of the cultural, social, economic, political, or architectural history of the City.

B. It has aesthetic or artistic interest or value, or other noteworthy interest or value.

C. It is identified with historic personages or with important events in local, State or national history.

D. It embodies distinguishing architectural characteristics valuable to a study of a period, style, method of construction, or the use of indigenous materials or craftsmanship, or is a unique or rare example of an architectural design, detail or historical type valuable to such a study.

E. It is a significant or a representative example of the work or product of a notable builder, designer or architect.

F. It has a unique location, a singular physical characteristic, or is an established and familiar visual feature of a neighborhood or the City. (Ord. 1111, 2018)

17.150.050 Site of historic interest designation criteria.

For purposes of this chapter, the Planning Commission may approve a site of historic interest designation of a structure, improvement, or natural feature if it finds that it meets one or more of the following criteria:

A. The site or structure contributes to an understanding of the cultural, social, economic, political, or architectural history of the City.

B. The site or structure is representative of a historical period in the development of Sebastopol.

C. The structure contributes to the historic architectural character of a neighborhood. (Ord. 1111, 2018)

17.150.060 Review of demolition applications and significant alterations of historic resources.

A. The Planning Commission, or City Council on appeal, shall have the authority to conduct a review prior to the demolition or significant alteration of designated landmarks and sites of historic interest. Said review shall be initiated by an application filed by the property owner setting forth the proposed alterations or demolition, and the rationale for same.

B. The Planning Commission, or City Council on appeal, shall approve any proposed alteration or demolition, in whole or part, if it makes a determination in accordance with one or more of the following criteria:

1. In the case of any proposed alteration, restoration, removal or relocation, in whole or part, of or to a landmark or site of historic interest, the proposed work would not detrimentally change, destroy or substantially adversely affect any exterior feature of the landmark or site of historic interest upon which such work is to be done.

2. In the case of a proposed demolition, the applicant has demonstrated that the affected structure is not considered unique or irreplaceable and its removal will not impair the visual, architectural, or historical value of the local setting, and/or the demolition is made necessary by unsafe conditions.

3. A determination is made, based on substantial evidence, that denial of the application would result in a significant economic hardship. An application which requests a determination of economic hardship shall provide such information as the Planning Department and Planning Commission determines sufficient, such as:

a. An estimate of the cost of the proposed construction, alteration, demolition or removal and an estimate of the cost that would be incurred to comply with the provisions of this chapter;

b. A report from a licensed structural engineer or architect with experience in rehabilitation as to the structural soundness of any existing structures on the property and their suitability for rehabilitation;

c. The estimated value of the property in its current condition; and after completion of the proposed construction, alteration, demolition or removal;

d. In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation of the existing structure(s) on the property;

e. The amount paid for the property, the date of purchase and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and the buyer;

f. If the property is income-producing, the annual gross income from the property for the previous two years, itemized operating and maintenance expenses for the previous two years, and depreciation deduction and annual cash flow before and after debt service, if any, during the same period;

g. The remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years;

h. All appraisals obtained within the previous two years by the owner or applicant in connection with any actual or contemplated purchase, financing or sale of the property;

i. Any listing of the property for sale or rent, including the rent or price asked and offers received, if any, within the previous two years;

j. Assessed value of the property according to the most recent assessment;

k. The form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, listed partnership, joint venture or other;

l. Any other information considered necessary to make a determination as to whether the property does yield or may yield a reasonable return to the owners. (Ord. 1111, 2018)

17.150.070 Removal of landmark or site of historic interest designation.

Criteria for removal of landmark or site of historic interest designation shall include one or more of the following:

A. New information is provided which nullifies the documentation upon which the designation was based.

B. Permitted modifications and alterations to, or destruction by, a catastrophic event or an approved demolition of the designated landmark or site of historic interest have eliminated or compromised the distinctive features which warranted the designation. (Ord. 1111, 2018)

17.150.080 Procedure.

A. The Planning Department shall establish application requirements for landmark and site of historic interest designations, removal of same, and for proposed alterations or demolitions. The Planning Department shall conduct an evaluation of applications, and shall make recommendations to the Planning Commission regarding applications.

B. The property owner may request a landmark or site of historic interest designation or removal of a designation, or review of proposed alterations or demolition by filing an application with the Planning Department. No building permit or other required City permit shall be issued related to a designated landmark or site of historic interest unless required approvals under this chapter have been obtained and work is in conformity with such approvals.

C. Notice of a public hearing on landmark and site of historic interest designations, removal of same, and for proposed alterations or demolitions shall be published at least once no later than 10 days prior to the date of the hearing in a newspaper of general circulation. In addition, mailed notice shall be provided to the property owner, not less than 10 days in advance of the meeting at which the item will be considered. The last known name and address of such owner as shown on the records of the County Assessor may be used for this notice. Failure to send any notice by mail to any property owner where the address of such owner is not a matter of public record or the nonreceipt of any notice mailed pursuant to this chapter shall not invalidate any proceeding in connection with this chapter.

D. The Planning Commission shall conduct a public hearing at the time and place so fixed and noticed.

E. Action of the Planning Commission shall be by resolution, which provides facts and findings based on the criteria set forth in this chapter.

F. Notice of the designation of a landmark or site of historic interest, the removal of said designation, or the approval of alterations or demolition shall be transmitted to all City departments. (Ord. 1111, 2018)

17.150.090 Appeals.

An appeal of a decision by the Planning Commission shall be processed in accordance with the following procedure:

A. Any person may appeal a determination or decision of the Planning Commission by properly filing with the Director of Planning an application to appeal on a form furnished by the Planning Department together with the established fee. Such application shall be filed within seven days from the date of decision.

B. The City Council shall conduct a hearing on the matter within 45 days after a complete appeal application is properly filed. Said time limit may be extended by mutual consent of the applicant and the City.

C. Written notice of the hearing shall be provided to the appellant and to the property owner (if not the appellant), at least 10 days in advance of the hearing. (Ord. 1111, 2018)

17.150.100 Unsafe or dangerous conditions.

Nothing contained in this chapter shall prohibit the making of any necessary alteration, restoration, construction, removal, relocation or demolition, in whole or part, of or to a landmark or site of historic interest pursuant to a valid order of any governmental agency or pursuant to a valid court judgment, for the purpose of remedying emergency conditions determined to be dangerous to life, health or property. A copy of such valid order of any governmental agency or such valid court judgment shall be filed with the Director of Planning and in such cases, no review of proposed alterations or demolition is required by the Planning Commission. (Ord. 1111, 2018)

17.150.110 Ordinary maintenance.

Nothing contained in this chapter shall be construed to prevent ordinary maintenance or repair of any exterior features of a landmark or site of historic interest which does not involve any detrimental change or modification of such exterior features. Examples of such work shall include, but is not limited to, the following:

A. Construction, demolition or alteration of side and rear yard fences.

B. Construction, demolition or alteration of front yard fences, if no change in appearance occurs.

C. Repairing or repaving of flat concrete or other flat surfacing in the side and rear yards.

D. Repairing or repaving of existing front yard paving, concrete work, and walkways, if the same or comparable material in appearance as existing is used.

E. Roofing work, if no or insignificant change in appearance results.

F. Foundation work, if no or insignificant change in appearance results.

G. Chimney work, if no or insignificant change in appearance results.

H. Landscaping, unless an existing landmark or site of historic interest designation specifically identifies the landscape layout, features, or elements as having particular historical, architectural, or cultural merit.

I. Painting of exterior features consistent with the character of the structure.

J. Replacement of siding, doors, windows and porch elements if no or insignificant change in appearance results.

K. Construction of access ramps pursuant to the requirements of the Americans with Disabilities Act. (Ord. 1111, 2018)

17.150.120 Waiver.

The Building Official of the City shall have the power to vary or waive any provision of the Building, Electrical, Housing, Mechanical or Plumbing Codes, pursuant to such codes, in any case in which he determines that such variance or waiver does not endanger the public health or safety, and such action is necessary for the continued historical preservation of a landmark or site of historic interest. (Ord. 1111, 2018)

17.150.130 Preservation incentives.

All structures designated as landmarks and sites of historic interest shall be eligible for the following incentives:

A. Designated landmarks and sites of historic interest that are privately owned shall be considered qualified historic properties eligible for historical property contracts submitted or entered into, pursuant to State law, and upon resolution of the City Council.

B. The California State Historical Building Code shall be applied to alterations to designated landmarks and sites of historic interest as determined appropriate by the Building Official.

C. Any planning application fees other than fees related to this chapter shall be charged at 50 percent of the normal amount for designated landmarks and sites of historic interest.

D. A landmark or site of historic interest designation shall be considered a unique circumstance for purposes of considering a variance or other exception from the physical development standards of this title. (Ord. 1111, 2018)

17.150.140 Violation.

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this chapter, shall be guilty of a misdemeanor, and shall be deemed to be guilty of a separate offense during each and every day during any portion of which any violation of this chapter is commenced, continued, or permitted by such person, firm or corporation. (Ord. 1111, 2018)