§ 7.10

The following standards are intended to protect sites and structures identiGed by the community as culturally and/

or historically signiGcant, that contribute to Petaluma’s character and identity, and that should be preserved and/

or restored.

No person shall alter the exterior of, construct improvements to, or demolish any historic structure except in

compliance with the provisions of this Code, which shall include the analysis required by the California

Environmental Quality Act (CEQA) to determine historic signiGcance, and the eJects of the proposed alterations.

The Council may designate an improvement, natural feature, or site as an historic landmark and any area within

the City as an historic district in compliance with this Section, based on the Council’s evaluation of the age of the

subject structures, distinguishing characteristics, distinct geographical area, familiar visual feature, signiGcant

achievement, and/or other distinctive feature.

A. Procedure. The designation of an historic landmark or district on Petaluma’s Historic Register, or the removal

of an historic landmark or district from the register, shall comply with the procedure established by the Zoning

Ordinance for amendments (Article 27), including public notice and a hearing in compliance with State law, a

recommendation by the Historic and Cultural Preservation Committee, and a Gnal decision by the Council.

B. Permit issuance during nomination process. No permit for any improvement or structure within a proposed

historic district or relative to a nominated historic landmark shall be issued while the nomination process is

pending.

C. Placement on the Historic Register. The nominated district, site, or structure shall be placed on the Historic

Register after being oIcially accepted by the Council, and the designation shall be recorded for each aJected

parcel in the oIce of the Sonoma County Recorder.

D. Removal from the Historic Register. A designated local resource may only be removed from the Local Register in

the following cases:

1. When a CertiGcate of Appropriateness has been approved for demolition; or

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2. After Gve years of being designated, the property owner may submit a “de- nomination statement,”

outlining reasons for removal from the register. The de-nomination request shall be processed in compliance

with the procedure for nomination listed above. The de-nomination statement must provide written proof

and documentation that the Gndings used to designate the structure were largely in error, or that new

information has been discovered, material to the decision to designate a the resource, which was not

discovered through the exercise of due diligence at the time of the original designation.

If delisting a designated resource is proposed, the lead agency shall conduct environmental review in compliance

with the State Guidelines for the implementation of the California Environmental Quality Act (CEQA) as they relate

to historic resources.

A. Purpose. A CertiGcate of Appropriateness (COA) is intended to protect structures, improvements, natural

features, objects, and areas of architectural, cultural, economic, historic, political, and social importance from

unnecessary and/or inappropriate alteration, demolition, or removal.

B. Applicability. A COA is required for the alteration, demolition, moving, or removal of any landmark or structure

designated on the City’s Historic Register, any individual cultural resource or any contributing cultural resource

within a historic district, and for any alteration, demolition, moving, or removal of any potential cultural resource

identiGed through the City’s review of a land use and/or development permit application or CEQA review, by the

City, any agent of the City, or a private party. A COA shall be required:

1. In addition to any other permits required by this Code and the Zoning Ordinance; and

2. Shall accompany any permit or any work otherwise altering the architectural features or appearance of

the resource.

Alteration shall mean any act or process, through private or public action, that changes the speciGed character

deGning a cultural resource or signiGcant physical features or architectural appearance of a cultural resource,

including the reconstruction, new construction additions, repair, restoration, rehabilitation, replacement or

removal of any resource.

Changes in character include modiGcation of a structure, architectural detail or visual characteristic (e.g., grading,

paint color, surface texture), surface paving, the addition of new structures, the cutting or removal of trees,

landscaping and other natural features, the disturbance of archaeological sites or areas, and the placement or

removal of any signiGcant objects (e.g., fences, landscaping and accessories, light Gxtures, plaques, signs, steps,

street furniture, and walls) aJecting the signiGcant visual or historical qualities of the property.

When approving a COA, the review authority may permit a waiver of development standards for designated

cultural resources only.

C. Application preparation and 'ling. A CertiGcate of Appropriateness application shall be Gled with the

Department. The application shall include plans and speciGcations showing the proposed change in architectural

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appearance, color and texture of materials, the proposed architectural design of the structure, and any additional

information required by Director. The application shall also show the relationship of the proposed work to the

surrounding environs. A COA application may propose discreet alterations of a cultural resource or may propose a

long-term plan of rehabilitation and preservation of a particular resource.

D. Application for demolition. An application for demolition of a historic resource, a structure within a historic

district, or for new construction on a cultural resource property shall include plans and speciGcations for the

proposed new structure or addition and shall include information pertaining to landscaping, massing, relationship

to site and streetscape, scale, and signs. The application shall be accompanied by any other information that the

Director determines is required for an informed evaluation of the proposed work.

E. Within a historic district. Both individual resources and contributing resources are subject to all CertiGcates of

Appropriateness Gndings and requirements. Non-contributing resources are not subject to the requirements of

this Section, but will be reviewed to ensure that proposed development on the non-contributing property will not

degrade the historical character of the historic district. If non-contributing resources are proposed to be

demolished, a COA shall be required to ensure that the proposed development will not degrade the historical

character of the historic district.

F. CEQA. The review and approval of a COA shall require environmental review in compliance with the California

Environmental Quality Act (CEQA) as it relates to historic resources.

A public hearing shall be scheduled for a CertiGcate of Appropriateness (COA) requiring Historic and Cultural

Preservation Committee approval as soon as practicable after receipt of the application.

A. Public hearing notice. Notice of the public hearing shall be given at least 10 days prior to the hearing by mailing

to the property owner of record and all owners of property within 300 feet of the exterior boundaries of the site,

and by publication in a newspaper of general circulation within the City.

B. Review and approval.

1. Criteria for review. In evaluating a COA application, the review authority shall use any applicable design

guidelines, and the Secretary of the Interior’s Standards for Rehabilitation and shall consider the factors (e.g.,

the existing and proposed architectural style, arrangement, color, design, materials, and texture to be used)

with regard to the original distinguishing architectural characteristics of the cultural resource. In addition, the

Director may require that the proposed work be reviewed by a preservation architect. The actual work shall

be completed by a preservation contractor or someone with demonstrated expertise in the Geld. Wherever

feasible, the State Historic Building Code (SHBC) and the Uniform Code for Building Conservation (UCBC) shall

be used in permitting any alteration to a cultural resource.

2. Authority of Historic and Cultural Preservation Committee. The Historic and Cultural Preservation

Committee may approve or deny a COA, in whole or in part. Notice of the Historic and Cultural Preservation

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Committee decision shall be sent to the applicant, owner and occupants of the property within 10 days of the

date of the Historic and Cultural Preservation Committee’s decision.

3. Authority of Director. The Director may approve a COA for a proposal for minor architectural elements

and details, paint or other colorings or Gnishes, minor site improvements, or signage. Director approval of a

COA shall require making all of the Gndings required by Subsection D., but does not require a public hearing

or public notice. The Director may also approve fences, replacement of window glass, replacement in-kind of

windows, doors, roofs, or exterior materials, or proposals which are determined by the Director to be

ordinary maintenance or repair, and which are conducted in a manner that preserves the archaeological,

cultural, and historic value of the cultural resource through conformance with any applicable prescriptive

standards and/or design guidelines adopted by the City, and/or the guidelines of the Secretary of the

Interior’s Standards for Rehabilitation. Minor changes or modiGcations to a COA can be approved by the

Director, even if the Director was not the approving body. The Director may refer any COA application to the

Historic and Cultural Preservation Committee for hearing and decision.

C. Investigation for COA. The review authority may require the applicant to furnish material evidence, as needed,

supporting the request for alteration, demolition, or removal of a cultural resource or to give testimony and

furnish evidence of any or all of the following, where appropriate:

1. Cost estimates for the proposed alteration, construction, demolition, or removal, and an estimate of the

costs that would be incurred to comply with the requirements of the COA;

2. A written report from a licensed structural engineer with experience and expertise with historic

structures and rehabilitation, as to structural integrity and suitability for rehabilitation;

3. Estimated market value of the property in its current condition and estimated market value after

completion of the proposed alteration, construction, demolition, or removal as compared with any changes

required by the COA.

4. In the case of a proposed demolition, an estimate from an appraiser, architect, developer, real estate

consultant, or other real estate professional experienced in rehabilitation as to the economic feasibility of

rehabilitation or adaptive 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, current assessed property

valuations, current property value appraisals, depreciation, reductions, and annual cash How after debt

service, operating and maintenance expenses, real estate taxes, and other information considered necessary

by the review authority to determine whether substantial evidence of economic hardship exists;

6. Remaining balance on any mortgage or other Gnancing secured by the property for the previous two

years;

7. All appraisals obtained within the previous two years by the owner or applicant in connection with the

Gnancing, ownership, or purchase of the subject property;

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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 was purchased, and any terms of Gnancing between the seller and buyer. Additionally, any

listing of the property for sale or rent, prices asked and oJers 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- proGt or nonproGt

corporation, limited partnership, joint venture, or other; and

12. Other information considered necessary by the review authority for a determination as to whether the

property does yield or may yield a reasonable return to the owner.

D. Findings for Certi'cate of Appropriateness.

1. Alterations, generally. A COA shall be issued for a proposed alteration only if the review authority Grst

Gnds that:

a. The proposed work will neither adversely aJect the signiGcant architectural features of the cultural

resource nor adversely aJect the character or historic, architectural, aesthetic interest, or value of the

cultural resource and its site; and

b. The proposed work conforms to any prescriptive standards and design guidelines adopted by the

City for the particular resource, and to the Secretary of the Interior’s Standards for Rehabilitation, and

does not adversely aJect the character of the cultural resource; and

c. In the case of construction of a new improvement upon a cultural resource property, the use and

design of the improvement shall not adversely aJect, and shall be compatible with, the use and design of

existing cultural resources within the same historic district; and

2. Alterations found not to be adverse. The eJect of alteration on a cultural resource that would otherwise be

found to be adverse may be considered not adverse for the purpose of this Section when the alteration is:

a. Limited to the rehabilitation or restoration of improvements; and

b. Conducted in a manner that preserves the archaeological, cultural, and historic value of the cultural

resource through conformance with any prescriptive standards adopted by the City for that cultural

resource, cultural resource property, or historic district, and the guidelines of the Secretary of the

Interior’s Standards for Rehabilitation.

E. Conditions for Certi'cate of Appropriateness. The Review Authority may approve a CertiGcate of

Appropriateness subject to any condition deemed necessary or desirable to eJect the purposes of this Part. The

conditions shall be covenants running with the land.

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F. Period of validity of Certi'cate of Appropriateness. A COA shall become void unless construction is commenced

within 24 months from the date of approval. A COA may be renewed for 24-months by applying to the Department

a minimum of 30 days before the expiration of the certiGcate. The review authority may grant an extension for

another 24-month period. A COA may be extended only twice, and a new COA is required thereafter. If the project

is not completed within 24 months after the expiration of the last Building Permit, a new CertiGcate of

Appropriateness shall be required to complete the work.

The following requirements may apply in cases involving proposed demolition, in addition to all other applicable

provisions of this Part.

A. Required 'ndings. The Historic and Cultural Preservation Committee shall approve a COA for the demolition of

a cultural resource only in conjunction with the concurrent approval of a proposed replacement project, and only

after Grst making all of the following Gndings.

1. The cultural resource cannot be remodeled, rehabilitated or re-used in a manner that would allow a

reasonable use;

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

value; and

3. The cultural resource cannot be remodeled, rehabilitated, or re-used in a manner that would allow a

reasonable rate of return.

B. Justi'able hardships. Personal, family or Gnancial diIculties, loss of prospective proGts and Building Code

violations shall not justify the issuance of a COA.

C. Economic hardship. Demolition not in compliance with the Gndings required by Subsection A may be approved

only in cases of economic hardship. Economic hardship is deGned as a substantial cost to the property owner that

is patently unreasonable in comparison to the beneGt conferred to the community should the owner be limited to

following the guidelines for preserving or protecting the property. In order to approve demolition on the basis of

economic hardship, the Historic and Cultural Preservation Committee may require that some or all of the

following Gndings are made:

1. Disapproval would substantially diminish the value of the property;

2. The sale or rental of the property is impractical when compared to the cost of holding the property for

uses allowed in the subject zoning district;

3. An adaptive reuse study has been conducted and found that utilization of the property for lawful

purposes is prohibited or impractical;

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4. Disapproval would unreasonably damage the owner of the property in comparison to the beneGt

conferred on the community;

5. All means involving City sponsored incentives (e.g., amendments to this Code and/ or the Zoning

Ordinance, Building Code modiGcations, Gnancial assistance, and/or grants) have been explored to relieve

possible economic hardship;

6. Without approval of the proposed construction, demolition, exterior alteration, remodeling, or removal,

the reasonable use of or return from a designated landmark or property within an historic district will be

denied a property owner; and

7. In the case of a proposed demolition, the Director shall make an additional Gnding that the designated

landmark cannot be remodeled or rehabilitated in a manner that would allow a reasonable use of or return

from the property to the owners.

E. E(ect of demolition. If approval of a COA will result in the demolition of a cultural resource, the applicant shall

be required to memorialize the resource proposed for demolition in compliance with the standards of the Historic

American Building Survey (HABS). The documentation may include an archaeological survey, Hoor plans, measured

drawings, photographs, or other documentation speciGed by the Historic and Cultural Preservation Committee.

When appropriate, the Historic and Cultural Preservation Committee may require that a memorialization of the

resource be incorporated into the proposed redevelopment of the site including the following:

1. Book or pamphlet;

2. Photographic display;

3. Small museum or exhibit;

4. Use of original Gxtures; and/or

5. Other methods deemed appropriate by the Historic and Cultural Preservation Committee.

A CertiGcate of Appropriateness is required to alter, add to, repair, restore, reconstruct, demolish or replace a

disaster-damaged cultural resource in compliance with this Code, except where the Building OIcial determines

that an unsafe or dangerous condition exists in compliance with , add to, repair, restore, reconstruct, demolish or

replace a disaster-damaged cultural resource in compliance with this Code, except where the Building OIcial

determines that an unsafe or dangerous condition exists in compliance with 7.10.100 (Unsafe or Dangerous

Condition).

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A. Purpose. The rehabilitation incentives provided by this Section are intended to encourage the maintenance,

preservation, and rehabilitation of cultural resources in the City, recognizing that maintaining and rehabilitating a

cultural resource places increased burdens on the aJected property owner. These rehabilitation incentives are

intended to reduce those burdens so that property owners will be encouraged to invest in maintaining the City’s

cultural resources.

B. Applicability. Upon designation of a structure or improvement as a designated cultural resource, the property

owner may apply to the Council for aid and assistance in rehabilitating the resource. The application for

rehabilitation incentives is considered the necessary planning permit; the applicant need not submit additional

applications for other permits required by this Code or the Zoning Ordinance, but shall comply with any City

requirements for a Building Permit, Grading Permit, etc.

C. Types of incentives allowed. The Council may grant any or all of the following rehabilitation incentives

1. Adaptive reuse, including the approval of a change to a land use that is not otherwise allowed in the

zone, but which is permitted in other zones;

2. Mills Act Agreements;

3. Permit fee waivers; and/or

4. Reduction and/or substantial modiGcation in the development standards of this Code and/or the Zoning

Ordinance.

D. Application content. Applications shall include the information required by the Director.

E. Review and approval of rehabilitation incentives.

1. Hearing and action. The Historic and Cultural Preservation Committee shall hold a public hearing to

determine the eligibility of a property for rehabilitation incentives and shall, by resolution, approve or deny

any incentives. The action of the Historic and Cultural Preservation Committee on a Mills Act agreement shall

be a recommendation to the Council; the Council has Gnal approval authority in Mills Act decisions. Public

notice for the hearing shall comply with State law.

2. Required 'ndings for approval. The Historic and Cultural Preservation Committee may recommend or

grant rehabilitation incentives, only after Grst making all of the following Gndings:

a. Findings for all incentives.

1) Each incentive to be granted serves to compensate the property owner for the increased

burden, in terms of maintenance and expense, that rehabilitation would entail;

2) No approved incentive would impair the aesthetic, architectural, or historic integrity of the

resource; and

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3. No proposed incentive would be detrimental to the public health, safety, or general welfare.

b. Findings for adaptive reuse. In addition to the above Gndings, the Historic and Cultural Preservation

Committee shall make the following Gndings for the approval of adaptive reuse:

1) The change of use would occupy no more Hoor area than the original use;

2) The proposed use would not signiGcantly impair the physical character of the area in which it is

located; and

3) The change of use would result in substantial restoration of the signiGcant and architectural

features or exterior architectural appearance of the resource, and/or will result in a maintenance

plan that will ensure the upkeep and continued maintenance of the resource over the expected life

of the project.

3. Conditions of approval. In approving rehabilitation incentives, the Historic and Cultural Preservation

Committee may impose any conditions of approval deemed necessary to ensure compatibility between the

new use and the surrounding area.

The owner, occupant, or other person in actual charge of a cultural resource shall keep in good repair all of the

exterior portions of the improvement, structure, and all interior portions thereof whose maintenance is necessary

to prevent deterioration and decay of any exterior architectural feature and any other speciGcally designated

features of the property. If periodic maintenance and upkeep is not done, and the resource falls into disrepair, the

fact that it is in disrepair may not be used as justiGcation for demolition or any other alteration which would cause

adverse eJect as deGned in this Part.

In the case of damage to a structure that is the result of an isolated incident, the Director may approve a

CertiGcate of Appropriateness for a structure for which there is a threat of imminent hazard as determined by the

Building OIcial, without public notice. In the case of widespread damage to structures throughout the City (as in

the case of an earthquake), the Director shall stay all notices to demolish designated or potential cultural

resources, including all structures in designated or potential districts, until a structural engineer with expertise in

the restoration of historic structures has evaluated the nature and extent of the damage to each structure, and

recommended steps to stabilize each structure. The City shall stabilize or isolate damaged structures to permit

persons with appropriate expertise to further evaluate the damage. In cases where a structural engineer with

expertise in the restoration of historic structures has determined that the building cannot be stabilized, then the

Director may issue a CertiGcate of Appropriateness for the demolition of one or more structures.

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The Petaluma SmartCode is current through Ordinance 2864, passed October 2, 2023.

Disclaimer: The city clerk’s oIce has the oIcial version of the Petaluma SmartCode. Users should contact the city

clerk’s oIce for ordinances passed subsequent to the ordinance cited above.

City Website: cityofpetaluma.net

Hosted by General Code.

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