Petaluma Municipal Code Ch. 15 Preservation of the Cultural and Historic Environment

Sections:

15.010 Purpose.

15.020 Powers and Duties of the Historic and Cultural Preservation Committee and

Planning Commission.

15.030 Recognized Historic Preservation Organization.

15.040 Designation of Landmarks and Historic District by Ordinance.

15.050 Review of Permit Applications to Construct or Alter Designated Structures or

Structures in Designated Areas.

15.060 Review of Applications for Demolition Permits.

15.070 Review of Applications to Construct, Alter, or Demolish Designated Structures or

Structures in Designated Areas.

15.080 Showing of Hardship in Cases of Proposed Alteration, Demolition, or Construction.

15.090 Director Referral to Historic and Cultural Preservation Committee.

15.100 Applicability and Enforcement.

15.110 Adoption of Design Guidelines.

It is hereby found that structures, sites and areas of special character of special historic, architectural or aesthetic

interest or value have been and continue to be unnecessarily destroyed or impaired, despite the feasibility of

preserving them. It is further found that the public health, safety, and welfare require prevention of needless

destruction and impairment, and promotion of the economic utilization and discouragement of the decay and

desuetude of such structures, sites and areas. The purpose of this Chapter is to promote the health, safety, and

general welfare of the public through.

A. The protection, enhancement, perpetuation, and use of buildings, structures, sites, objects, and districts,

including archaeological sites, that are reminders of past eras, events, and persons important to local, state, or

national history, or which provide signiGcant examples of architectural styles of the past or area landmarks in the

history of architecture, or which are unique and irreplaceable assets to the City and its neighborhoods, or which

provide for this and future generations examples of the physical surroundings in which past generations lived.

B. The development and maintenance of appropriate settings and environments for such structures.

C. The enhancement of property values, the stabilization of neighborhoods and areas of the City, the increase of

economic and Gnancial beneGts to the City and its inhabitants, and the promotion of tourist trade and interest.

D. The enrichment of human life in its educational and cultural dimensions by serving aesthetic as well as

material needs and fostering knowledge of the living heritage of the past.

Committee and Planning Commission.

A. The Historic and Cultural Preservation Committee:

1. Shall hear and approve, approve with modiGcations, or disapprove permit applications for construction,

alteration, demolition, and repair or maintenance work to a designated landmark site or structure in

accordance with Section 15.050(A) of this Chapter.

2. Shall hear and approve, approve with modiGcations, or disapprove applications for construction,

alteration, demolition, and repair or maintenance work on structures or sites within historic districts, as

provided in Sections 15.050 and 15.070 of this Chapter.

3. Shall hear and make a determination on applications for demolition as provided in Section 15.060 of this

Chapter.

4. Shall hear and make a determination on referrals as provided in Section 15.090 of this Chapter.

5. Shall hear and make a recommendation to the Planning Commission, as required by this Article, on

applications for the designation of landmarks and historic districts.

6. Shall hear and make a recommendation to the Planning Commission on applications for zoning

amendments related to this Chapter or other associated preservation related items.

7. May establish and maintain a list of structures and other landmarks deserving oIcial recognition

although not designated as landmarks or historic districts, and recommend appropriate measures for

recognition.

8. May, upon request of the property owner, advise with respect to any proposed work not requiring a City

Permit on a designated landmark site or in a designated historic district. Examples of the work included but

not limited to painting and repainting of exterior surfaces, rooGng, fencing, landscaping, glazing, and

installation of light Gxtures. In advising, the Historic and Cultural Preservation Committee shall be guided by

the purposes and standards speciGed in this Chapter.

B. The Planning Commission:

1. Shall, after receiving recommendation from the Historic and Cultural Preservation Committee and

conducting a public hearing, make a recommendation to the City Council, concerning designation of

landmarks and historic districts, as provided in Section 15.040(G) of this Chapter.

2. Shall, after receiving recommendation from the Historic and Cultural Preservation Committee and

conducting a public hearing, make a recommendation to the City Council concerning zoning text

amendments related to this Chapter.

3. Shall consider the decision of the Historic and Cultural Preservation Committee on any permit as part of

a project that also requires discretionary review by the Planning Commission to avoid conHict between

preservation practice and use or legislative decisions to the extent practicable.

C. Both the Planning Commission and the Historic and Cultural Preservation Committee may consult with and

shall consider the ideas and recommendations of recognized historic preservation organizations, and in cases

aJecting commercial property, the aJected business community, and obtain professional advice as may be

deemed necessary.

D. When discretionary actions by both the Planning Commission and the Historic and Cultural Preservation

Committee are required for a single project, the two bodies may consider their respective entitlements in a joint

hearing as long as all applicable requirements of the ordinance and applicable law are met by such a joint hearing.

Recognized historic preservation organizations are deGned as registered nonproGt organizations composed of

citizens interested in historic preservation.

A. Landmarks shall be deGned as buildings or sites listed on the State OIce of Historic Preservation’s directory

of historic properties (i.e., Historic Properties Data Inventory), or designated by the City as a local landmark, except

that buildings or sites located within the National Register Historic District shall not automatically be considered to

be a landmark, unless individually so designated by the City Council in accordance with the provisions of this

Chapter.

B. The City Council may by ordinance designate:

1. One or more individual structures or other features, or integrated groups of structures and features on

one or more lots or sites, having a special character or special historical, architectural, or aesthetic interest or

value, as landmarks, and shall designate a landmark site for each landmark.

2. One or more areas containing a number of structures having special character or special historical

architectural or aesthetic interesting value, and constituting distinct sections of the City, as historic districts.

C. Each designating ordinance shall include a description of the characteristics of the landmark or historic

district which justify its designation, and a list of any particular features in addition to those features which would be aJected by work described in Section 15.050(A1-2) that are to be preserved, and shall specify the location and

boundaries of the landmark site or historic district.

D. The property designated as a landmark or a historic district shall be subject to the control and standards

contained in this Chapter. In addition, the property shall be subject to the following further controls and standards

if imposed by the designating ordinance:

1. For a publicly owned landmark, review of proposed changes in major interior architectural features.

2. For a historic district, such further controls and standards as the City Council Gnds necessary or

desirable, including, but not limited to, facade, setbacks, and height controls.

E. The City Council may amend or rescind a designation only by ordinance. The procedure for amending or

rescinding a designation shall be the same as that for the original designation.

F. Initiation of Designation. Initiation of designation proceedings shall be by resolution of the City Council, or by

the written application of the property owners. The Planning Commission or the Historic and Cultural Preservation

Committee may initiate and recommend the designation of a landmark or historic district to the City Council.

Applications for designations shall be Gled with the Community Development Department upon forms prescribed

by the Director and shall be accompanied by all data required by the Planning Commission. An application for

designation of a historic district must be described by or on behalf of at least Gfty-one percent (51%) of the

property owners in the proposed district. The date of initiation is the date the resolution is adopted or a valid

application is Gled.

G. Procedure. Where Planning Commission and City Council hearings are required, the proceedings for

recommendation and for referral in cases where the City Council does not support the recommendation, shall be

the same as those provided in Chapter 25 (Amendments) for rezoning.

H. Hearing by Historic and Cultural Preservation Committee and Planning Commission. The Historic and Cultural

Preservation Committee and the Planning Commission shall hold public hearings on a proposal to designate a

landmark or historic district, with notice given as provided for rezonings in Section 25.050(A). Notice shall also be

mailed to recognized historic preservation organizations.

1. Action and Time Limit. The Historic and Cultural Preservation Committee shall make a recommendation to

the Planning Commission on the designation. The Planning Commission shall consider the degree of

conformity of the proposed designation with the purposes and standards of this Chapter and the General

Plan. The Planning Commission shall make a recommendation to the City Council to approve, approve with

modiGcations, or disapprove the proposal within one hundred twenty (120) days after the initiation of

designation proceedings. If the Planning Commission disapproves the proposal, no further action shall be

required unless appealed.

2. Notice of Action. The Planning Commission shall promptly notify the applicant of action taken. If the

Planning Commission approves or modiGes the proposed designation in whole or in part, it shall transmit the

proposal, together with a copy of the resolution of approval, to the City Council.

I. Designation by City Council. The City Council shall hold a public hearing concerning the designation. Notice of

time and place of the hearing shall be given in the time and manner provided for the giving of notice of the

hearing by the Commission. The City Council may approve, or modify and approve, or deny the designation.

J. Notice of Designation by City Council. When a landmark or historic district has been designated by the City

Council, the City Clerk shall promptly notify the owners of the property included therein. The City Clerk shall cause

a copy of the designating ordinance, or notice thereof, to be recorded in the oIce of the County Recorder.

K. Conformity Required. Construction, alteration, demolition, repair, maintenance, or removal work for which a

City permit is required is prohibited on a designated landmark site or in a designated historic district unless

reviewed by the Historic and Cultural Preservation Commission and/or approved by the Planning Commission, as

provided in Section 15.050 and 15.070, or unless the work conforms with the provisions of Section 15.100(B),

Unsafe or Dangerous Conditions.

Structures or Structures in Designated Areas.

A. Permit Required for Work to a Designated Landmark Site or Structure. No person shall do any work listed below

to a designated landmark site or structure without Grst obtaining review and permit approval from the Historic

and Cultural Preservation Committee.

The work listed below on any structure or site within a designated historic district, shall require approval of the

Historic and Cultural Preservation Committee, pursuant to procedures in Section 24.050 et al.

1. Exterior alterations, as deGned below, shall be subject to review and approval by the Historic and

Cultural Preservation Committee. Alterations of a minor nature, as deGned below, shall be subject to

administrative review and approval, and shall not require public noticing.

2. Alteration shall be deGned as any change, including repair or replacement of damaged or worn

materials, to the exterior appearance of a building, and shall include, but is not limited to, Gnish materials;

windows; doors; signs, including the removal, repair, or repainting of historic signs; awnings; threshold

materials; and change in paint colors. Alteration shall also include, but is not limited to, proposals which aJect

the streetscape, such as landscaping; light poles; outdoor use areas; and mechanical equipment.

3. Minor nature shall be deGned to include, but is not limited to, alterations which involve routine

maintenance, paint touch-up, or repainting with same colors, which does not substantially change the existing

appearance of the structure. Exterior alterations of a minor nature should follow the recommendations of the

Petaluma Historic Commercial District Design Guidelines.

B. Application for Permit. The Department shall maintain a current record of designated landmarks and historic

districts, and such lists shall be referred to by the Building Division before issuance of permits. Applications for

permits to do work for which a permit is required by Section 15.050(A) shall be submitted to the Department for

processing. Application shall include plans and speciGcations showing the proposed exterior appearance, color, and texture of materials, and the proposed architectural design of the exterior of the structure. Where required by

the Historic and Cultural Preservation Committee, applications shall also show the relationship of the proposed

work to the environs. If the application does not provide suIcient information for review by the Historic and

Cultural Preservation Committee, the Department shall require the omitted information from the applicant.

C. Procedure. Where Historic and Cultural Preservation Committee hearings are provided for by this Chapter, the

proceedings for action, referral and appeal shall be the same as those provided in Section 24.100 for conditional

use permits.

D. Hearing by Historic and Cultural Preservation Committee. The Historic and Cultural Preservation Committee shall

hold a public hearing on the applications for modiGcations to landmark sites per Section 15.050(A). Notice of such

hearing is to be given as required for conditional use permits in Section 24.100 and shall include written notice to

recognized historical preservation organizations. (Ord. 2811 § 4, 2022.)

A. Applications for Demolition Permits. Applications for demolition permits shall be referred to the Historic and

Cultural Preservation Committee for review and determination, when the Director determines that a structure has

potential historic or cultural signiGcance. The following exceptions to this provision shall apply: permits for

buildings posing an immediate danger to the public safety, health and welfare, as determined by the Director and

the Chief Building OIcial, and/or applications of a routine, minor nature not warranting further review, as

determined by the Director. When demolition of a historic structure is permitted, the applicant shall be required to

salvage, to the extent possible, building materials, Gxtures, doors, and other items of a historic nature, for reuse or

to be made available to interested parties.

When determining whether a structure has potential historic or cultural signiGcance, the Director may require the

property owner to submit an oIcial evaluation of the property prepared by a qualiGed historian or archaeologist,

and may use the following California Register of Historical Resources criteria, which states that a resource may be

signiGcant if it is:

1. Associated with events that have made a signiGcant contribution to the broad patterns of local or

regional history, or the cultural heritage of California or the United States;

2. Associated with the lives of persons important to local, California, or national history;

3. Embodies the distinctive characteristics of a type, period, region, or method of construction, or

represents the work of a master, or possesses high artistic value; or

4. Has yielded, or has the potential to yield, information important to the prehistory or history of the local

area, California, or the nation.

B. Findings.

1. Finding of No Signi+cance. If the Historic and Cultural Preservation Committee determines that a structure

is not culturally or historically signiGcant, the application shall be returned to the Director with a Gnding of no

signiGcance and the demolition permit shall be issued.

2. Finding of Signi+cance. In cases where the Historic and Cultural Preservation Committee determines the

structure has cultural or historical signiGcance, the Committee shall make the Gndings as outlined below,

deny the application for demolition, except as provided in Section 15.080 of this Chapter, and shall forward its

decision to the Director. Mandatory Gndings of signiGcance are as follows:

a. The structure is of historical/cultural signiGcance when listed on a local, state, or national register or

survey.

b. The structure is eligible for listing on a local, state, or national register or survey.

c. Demolition of said structure will be detrimental to the aesthetic and/or economic vitality of the

community.

d. Any of the criteria used by the Director to determine the historical or cultural signiGcance of the

property.

Structures or Structures in Designated Areas.

A. Standards for Review. When evaluating applications, the Historic and Cultural Preservation Committee shall

use the California Register of Historic Resources criteria outlined in Section 15.060(A)(1-4), the Secretary of the

Interiors Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and shall consider the

architectural style of the building, design, arrangement, relationship to surrounding buildings and historic

character of the area, texture, materials, color, and any other pertinent factors. Applications shall not be approved

unless:

1. Landmark Sites. The proposed work shall not adversely aJect the exterior architectural characteristics or

other features of the landmark, and, where speciGed in the designating ordinance for a publicly owned

landmark, its major interior architectural features, nor adversely aJect the character or historical,

architectural, or aesthetic interest or value of the landmark and its site.

2. Historic Districts. The proposed work shall not adversely aJect the exterior architectural characteristics or

other features of the property which is the subject of the application, nor adversely aJect its relationship in

terms of harmony and appropriateness with its surroundings, including neighboring structures, nor adversely

aJect the character, or the historical, architectural, or aesthetic interest or value of the district. In addition,

applications shall be consistent with standards included in the designating ordinance.

Construction.

If the applicant presents facts clearly demonstrating to the satisfaction of the authorized reviewing body that

failure to approve the application will cause immediate and substantial hardship because of conditions peculiar to

the particular structure or other features involved and not created by an act of the owner, the reviewing body may

approve such application even though it does not meet the standards set forth in either this chapter or

designating ordinance. In this context, personal, family or Gnancial diIculties, loss of prospective proGts and

neighboring violations are not justiGable hardships. The reviewing body may require the applicant to provide

documentation, such as structural engineering reports, verifying hardship.

The Director may refer other projects which are not designated as landmarks or which are not located within an

historic district, to the Historic and Cultural Preservation Committee for approval upon determining that the site or

structure may be of historic or cultural signiGcance, in accordance with any of the Gndings listed under Section

15.060 (A)(1-4), of this Chapter.

A. Applicability.

1. No application for a permit to construct, alter, demolish, or remove any structure or other feature on a

proposed landmark site or in a proposed historic district, Gled subsequent to the date of initiation or

proceedings to designate the landmark site or historic district, shall be approved while the proceedings are

pending; provided, however, that if Gnal action on the designation has not been completed one hundred

eighty (180) days after initiation of designation proceedings, the permit application may be approved.

2. The provisions of this Chapter shall be inapplicable to the construction, alteration, demolition, or

removal of any structure or other feature of a landmark site or in a historic district, where a permit for the

performance of such work was issued prior to initiation of proceedings for designation of the landmark site

or historic district, and where such permit has not expired or been canceled or revoked, provided that

construction is started and diligently prosecuted to completion in accordance with the Building Code.

B. Unsafe or Dangerous Conditions. None of the provisions of this Chapter shall prevent any measures or

construction, alteration, or demolition necessary to correct the unsafe or dangerous condition of any structure,

other feature, or part thereof, where such condition has been declared unsafe or dangerous by the Chief Building

OIcial or the Fire Marshal, and where the proposed measures have been declared necessary by such oIcial to

correct the said condition; provided, however, that only such work as is absolutely necessary to correct the unsafe

or dangerous condition and as is done with due regard for preservation of the appearance of the structure involved, may be performed pursuant to this section. In the event any structure or other feature shall be damaged

by Gre, or other calamity, or by act of God, to such an extent that in the opinion of the aforesaid oIcials it cannot

be reasonably repaired and restored, it may be removed in conformity with normal permit procedures and

applicable laws.

C. Duty to Keep in Good Repair. The owner, lessee, and other person in actual charge or possession of a

landmark, a structure in a historic district, or any other cultural or historically signiGcant property, shall keep in

good repair all of the exterior portions of such landmark or structure, all of the interior portions thereof when

subject to control as speciGed in the designating ordinance, and all interior portions thereof whose maintenance is

necessary to prevent deterioration and decay of any exterior portion.

D. Filing Fees. There shall be no Gling fees beyond those required by other sections of the City Code for any

application, or to commence any proceedings under this Chapter.

E. Methods of Enforcement. This section shall be enforced in accordance with the provisions of Section 26.010

and Section 26.020 of the Zoning Ordinance and Section 1.08.010 of the Petaluma Municipal Code dated January

1972. The Director shall have the authority to implement the enforcement thereof by serving notice requiring the

removal of any violation of this Chapter upon the owner, agent, tenant, or occupant of the building or land, or

upon the architect, builder, contractor, or other person who commits or assists in any such violation.

The City Council may, by resolution, adopt design guidelines and preservation guidelines to be applied to an

historic district. Major amendment to such guidelines shall be by resolution of the City Council. Minor

amendments which do not aJect the intent of the Guidelines or result in a substantial change to standards or

recommendations may be administered by staJ.

The Petaluma Implementing Zoning Ordinance is current through Ordinance 2907, passed September 8,

Disclaimer: The city clerk’s oIce has the oIcial version of the Petaluma Implementing Zoning Ordinance. Users

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

City Website: cityofpetaluma.net

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