Chapter 18.77 - Historic Design Review

Sections:

18.77.010 - Purpose of Chapter
18.77.020 - Applicability of Historic Design Review
18.77.030 - Historic Design Review Procedures
18.77.040 - Findings and Decision for Certificate of Appropriateness
18.77.050 - Conformance to Plans
18.77.060 - Certificate of Economic Hardship

18.77.010 - Purpose of Chapter

This Chapter establishes procedures for the comprehensive review of development to implement the requirements of the -HP District and the goals and policies of the General Plan and Downtown Specific Plan, including the Historic Resources Element.

18.77.020 - Applicability of Historic Design Review

A. When required. All projects that require a land use or building permit or will affect the exterior appearance of any building or property within the -HP district shall be subject to Historic Design Review in compliance with this Chapter. In addition, public projects such as sidewalk installation, traffic circle installation, and other streetscape and pedestrian / bicycle improvement projects within the -HP district shall be subject to Historic Design review.

B. Building permits. No building permit shall be issued for any project until the project has been evaluated through the Historic Design Review process, a Certificate of Appropriateness or Certificate of Economic Hardship has been granted, and the appropriate land use permit has been issued.

18.77.030 - Historic Design Review Procedures

A. Commencement of review. The Historic Design Review process is initiated when the Director receives a complete application. The application package shall include all plans, elevations, specifications, sample materials, etc. as specified in the application and any additional information required by the Director in order to conduct a thorough review of the proposed project.

B. Review with other permits. Historic Design Review for projects that require the approval of a discretionary permit (e.g. Conditional Use Permit, Variance, etc.) shall occur concurrently with the review of the discretionary permit application, and the final determination shall be made by the highest level of review authority acting on the project application. The Director shall prepare a report for the review authority outlining the findings and any conditions relating to the Historic Design Review prior to the review authority’s consideration of the project. The report containing findings and any conditions shall also be forwarded to the applicant prior to consideration by the review authority.

C. Review by Historic Preservation Advisory Commission. The Historic Design Review application shall be forwarded to the Historic Preservation Advisory Commission (HPAC) for review. The HPAC shall review the application in accordance with the requirements of this Chapter and the Historic Design Guidelines and forward a recommendation of approval, conditional approval, or denial to the Director. The Director may exempt applications from review by the HPAC if the application is minor in nature or a quorum of the HPAC cannot be called within a reasonable period of time for the Director to review the land use permit within the time limits imposed by this Development Code. The following projects are considered exempt from HPAC review:

1. Color schemes acceptable for repainting, including acceptable trim combinations

2. Maintenance projects involving replacement with like materials and like colors

3. Replacement of doors and windows with doors or windows of the same size, like materials, and similar style

4. Replacement of roof of similar color and material

5. Replacement of sign lettering which is similar is type style and color to previous sign lettering.

6. Other minor projects similar to those listed above, as determined by the Community Development Director.

D. Factors to be considered. In conducting a Historic Design Review for a particular project, the Director shall consider the location, design, site plan configuration and the overall effect of the proposed project upon surrounding properties and the Downtown Study Area in general. Historic Design Review shall be conducted by comparing the proposed project to applicable General Plan policies, the Downtown Specific Plan, adopted development standards, Historic Design Guidelines, and other applicable ordinances of the Town.

E. Reference to Historic Design Guidelines. In reviewing projects subject to the requirements of this Section, the Director shall refer to Chapter 18.26 (Historic Preservation Design Guidelines) in order to provide guidance to applicants seeking to comply with the requirements of this Chapter.

F. Action, conditions. The Director may approve or recommend approval of a certificate of appropriateness in accordance with Section 18.77.040 (Findings and Decision) or a certificate of economic hardship in accordance with Section 18.77.060 (Certificate of Economic Hardship). The Director may impose conditions to ensure that the project would meet all of the required findings. Conditions may relate to both on- and off-site improvements that are necessary to mitigate project-related impacts, and to carry out the purpose and requirements of the respective zoning district.

G. Revised plans. Where conditions are imposed that may substantially alter a proposed project, the applicant may be requested to submit revised plans at the discretion of the Director.

18.77.040 - Findings and Decision for Certificate of Appropriateness

A. Approval. The Director or review authority may grant a Certificate of Appropriateness with or without conditions, only if all of the following findings can be made:

1. The project, including its character, scale and quality of design, are consistent with the purpose of this Chapter , and all applicable development standards and historic design guidelines;

2. With regard to a designated historic resource, the proposed work will neither adversely affect the significant architectural features of the designated historic resource nor adversely affect the character of historical, architectural, or aesthetic interest or value of the designated resource and its site;

3. With regard to any property located within the District, the proposed work conforms to the historic design guidelines for the district and does not adversely affect the character of the district;

4. In case of construction of a new improvement, addition, building, or structure upon a designated historic resource site, the exterior of such improvements will not adversely affect and will be compatible with the use and exterior of existing designated historic resources, improvements, buildings, natural features, and structures on said site.

5. The proposed project is consistent with the General Plan and the Downtown Study Area Specific Plan.

B. Denial. A denial of a Certificate of Appropriateness shall be accompanied by a statement of the reasons for denial. The Director shall make recommendations to the applicant concerning changes, if any, in the proposed action that would cause the Director to reconsider its denial and shall confer with the applicant and attempt to resolve as quickly as possible the differences between the owner and the Director. The applicant may resubmit an amended application or reapply for a building or demolition permit that takes into consideration the recommendations of the Director.

18.77.050 - Conformance to Plans

A. All work performed under a Building Permit for which project drawings and plans received a Certificate of Appropriateness shall conform to the approved drawings and plans and any conditions of approval.

B. Any modifications to or deviations from the drawings and plans approved under this Chapter shall be approved by the Director. In the case of a discretionary permit, the Director may approve minor modifications but the original review authority shall review and approve any major modifications.

18.77.060 - Certificate of Economic Hardship

A. Purpose. This section establishes procedures for the review of requests to reduce or waive the standards of this Chapter if such standards will cause an immediate extreme hardship because of conditions peculiar to the particular structure involved and the damage to the property owner is unreasonable in comparison to the benefit conferred to the community. The certificate of economic hardship shall be reviewed and approved in accordance with the requirements of this section.

B. Application filing, processing, and review. An application for a certificate of economic hardship shall be processed in the same manner as Variances except as modified by the requirements of this section. Prior to the Zoning Administrator or Planning Commission taking action on the application, the application shall be forwarded to the Historic Preservation Advisory Commission for review. The HPAC shall review the application in accordance with the requirements of this section and the Historic Design Guidelines and forward a recommendation in writing of approval in whole or in part, conditional approval, or denial to the reviewing authority. The HPAC shall recommend approval in whole or in part, or disapproval in whole or part, of the application in writing.

C. Additional materials. The HPAC and the Director shall be authorized to request the applicant to furnish material evidence supporting their request for a Certificate of Economic Hardship or shall furnish evidence or testimony to complete the application for Certificate of Economic Hardship including any or all of the following:

1. Cost estimates of the proposed construction, alteration, demolition, or removal, and an estimate of the additional cost(s) that would be incurred to comply with the conditions for approval and issuance of a Certificate of Appropriateness.

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

3. Estimated market value of the property in its current condition; estimated market value after completion of the proposed construction, alteration, demolition, or removal, in accordance with the Certificate of Appropriateness; and, in the case of a proposed demolition, after renovation of the existing property for continued use.

4. 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 or reuse of the existing structure on the property and its market value for continued use after rehabilitation.

5. For income-producing properties, information on annual gross income, operating and maintenance expenses, depreciation deductions, and annual cash flow after debt service, current property value appraisals, assessed property valuations, real estate taxes, and any other information considered necessary to determine whether substantial evidence of economic hardship exists.

6. Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years.

7. All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing, or ownership of the property.

8. 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 is purchased, and any terms of financing between the seller and buyer; any listing of the property for sale or rent, price asked, and offers received, if any, within the previous two years.

9. Assessed value of the property according to the two most recent assessments.

10. Real estate taxes for the previous two years.

11. Form of ownership or operation of the property, whether sole proprietorship, for profit or non-profit corporation, limited partnership, joint venture, or other.

12. Any other information considered necessary for a determination as to whether the property yields or may yield a reasonable return to the owners.

D. Findings and Decision. The Zoning Administrator or Planning Commission may grant a Certificate of Economic Hardship with or without conditions, only if all of the following findings can be made:

1. Denial of the Certificate of Appropriateness, or compliance with any of its conditions of approval, will cause an immediate extreme hardship because of conditions peculiar to the particular structure or other feature involved;

2. All reasonable use of or return from a designated resource or property within an historic district will be denied a property owner; (In this context, personal, family, or financial difficulties, loss of prospective profits, and neighboring violations are not justifiable hardships.)

3. Denial of the application will diminish the value of the subject property so as to leave substantially no value;

4. Sale or rental of the property is impractical, when compared to the cost of holding such property of uses permitted in this zone;

5. An adaptive reuse study has been conducted and found that utilization of the property for lawful purposes is prohibited or impractical;

6. Rental at a reasonable rate of return is not feasible;

7. Denial of the Certificate of Appropriateness would damage the owner of the property unreasonably in comparison to the benefit conferred on the community;

8. All means involving Town-sponsored incentives, such as transfer of development rights, tax abatements, financial assistance, building code modifications, changes in the zoning ordinance, loans, grants, and reimbursements, have been explored to relieve possible economic disincentives.

9. In the case of a proposed demolition, the Director shall make a finding that the designated resource cannot be remodeled or rehabilitated in a manner which would allow a reasonable use of or return from the property to the property owner.

E. Plan to relieve economic hardship.

1. In the case of a finding of economic hardship, this finding shall be accompanied by a plan developed by the Town and/or applicant to relieve economic hardship. This plan may include, but is not limited to, property tax relief, loans or grants from the Town or other private sources, acquisition by fee purchase or eminent domain, use of the State Historic Building Code, redevelopment funds, development fees for historic preservation, changes in applicable zoning regulations, transfer of unused development rights, or relaxation of the provisions of this Chapter sufficient to allow reasonable beneficial use or return from the property. The Director and the Town shall have a period not to exceed 120 days to make recommendations and develop and adopt a plan in order to relieve economic hardship and to allow the applicant a reasonable use of, and economic return from, the property or otherwise preserve the subject property.

2. If, by the end of this 120 day period, the Community Development Director has found that without approval of the proposed work, the property cannot be put to a reasonable economic return therefrom, then the Director shall issue a Certificate of Economic Hardship approving the proposed work. If the Director finds otherwise, it shall deny the application for a Certificate of Economic Hardship and notify the applicant by mail of the final denial.

F. Condition of demolition permit. If approval of a Certificate of Economic Hardship will result in the demolition of a historic resource, the applicant shall be required to provide documentation of the historic resource proposed for demolition to the standards of the Historic American Building Survey. Such documentation may include photographs, floor plans, measured drawings, archaeological survey, or other documentation stipulated by the Director.