Santa Rosa Zoning Code Ch. 20-58 Historic and Cultural

The purpose of this Chapter is to promote the educational, cultural, economic and general welfare of the community by providing procedures for the identification, protection, enhancement, perpetuation and use of buildings, structures, signs, objects, features, sites, places, areas, districts, neighborhoods, streets, works of art, natural features, and significant permanent landscaping, that have special historical, archaeological, cultural, or architectural value in the City that will allow development to proceed while maintaining historic resources for the following reasons:

A.

To safeguard the City's heritage as embodied and reflected in such resources;

B.

To encourage public knowledge, understanding, and appreciation of the City's past; C.

To foster civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources;

D.

To promote the use and enjoyment of cultural resources beneficial to the education and welfare of the people of the City;

E.

To preserve diverse and harmonious architectural styles and design preferences reflecting phases of the City's history and to encourage complementary, contemporary design and construction; F.

To protect or enhance property values and to strengthen the economy of the City and the financial stability of its inhabitants;

To protect and enhance the City's attraction to tourists and visitors, thereby stimulating business and industry;

H.

To identify as early as possible and resolve possible conflicts between the preservation of cultural resources and alternative land uses;

I.

To integrate the preservation of cultural resources and the extraction of relevant data from such resources into public and private land management and development processes;

J.

To conserve valuable material and energy resources by the ongoing use and maintenance of the existing built environment;

K.

To foster and encourage the preservation, restoration and rehabilitation of structures, areas and neighborhoods and thereby prevent future urban blight.

(Ord. 3677 § 1, 2004; Ord. 2020-014 § 31; Ord. 2025-003, 2/25/2025)

A.

Relationship to CEQA. Decisions by the City in compliance with this Chapter are "discretionary" and relate to

"discretionary projects" as these terms are used in the California Environmental Quality Act (CEQA). Any permit, including a Building Permit, or other City approval that would authorize any change in the exterior of any proposed or designated landmark, or the exterior of any structure, building or significant feature within a designated preservation district, is a discretionary permit or approval within the meaning of CEQA, except as otherwise allowed or directed by the State of California.

B.

Exceptions. Exceptions to the provisions of this Chapter in cases of dangerous conditions or economic hardship may be granted in compliance with Section 20-58.070 (Exceptions).

C.

Design guidelines. See Section 4.7 (Historic Properties and Districts) of the City's Design Guidelines in addition to the requirements of this Chapter.

D.

Review materials:

1.

Processing Review Procedures for Owners of Historic Properties.

2.

Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (2017 Revision).

(Ord. 3677 § 1, 2004; Ord. 3942 § 2, 2010; Ord. 3955 § 2, 2010; Ord. 2020-014 § 32; Ord. 2025-003,

2/25/2025)

Definitions of the technical terms and phrases used in this Chapter may be found in Division 7 (Glossary), under "Historic and Cultural Preservation."

(Ord. 3677 § 1, 2004)

The appointment, responsibilities, and other aspects of the Design Review and Preservation Board, which shall serve as the City of Santa Rosa's historic and cultural preservation review authority, hereafter referred to in this Chapter as the "DRPB," shall comply with Section 20-60.060 (Design Review and Preservation Board). (Ord. 3677 § 1, 2004; Ord. 2025-003, 2/25/2025)

A.

Initiation or termination of designation. A rezoning (Chapter 20-62) to designate a landmark or preservation district, or to repeal or modify a landmark or preservation district designation, may be initiated by resolution of the DRPB, the Council, the Commission, or by property owner application.

1.

Where the initiation is by the property owner, the application shall include the forms and other information required by the Planning and Economic Development Department, to ensure the fullest practical presentation of the facts for proper consideration of the application.

2.

Where the initiation is by the City Council, or the DRPB or Commission at the direction of Council, the Department shall collect and compile the data and information that otherwise would have been required with an application.

3.

Once the information has been compiled and reviewed by the Department, the initiating resolution shall be processed in the same manner as an application that has been determined to be complete.

A proposal or application to terminate or modify a landmark or preservation district designation shall be processed under the same rules and procedures required to designate a landmark or preservation district, and shall require the submittal of a historic resource survey/evaluation prepared by a qualified professional.

B.

DRPB review. The DRPB shall review the application, the site and its surroundings, and any related information, to ensure that the decision of the DRPB in response to the proposal will be consistent with the intent and purposes of this Chapter. The review may be conducted by members of the DRPB or the Director.

C.

Public notice and hearing. Upon completion of the review required by Subsection A(3), the matter shall be

set for public hearing before the DRPB. Public notice shall be provided, and the hearing shall be conducted, in compliance with Chapter 20-66 (Public Hearings).

D.

DRPB decision. The DRPB may, by resolution, recommend to the Council the approval or denial of a proposed designation as follows.

1.

Approval of designation. After first making one or both of the following findings, the DRPB may recommend to the Council that:

a.

A specific site, place, building, structure, street, street furniture, sign, work of art, natural feature or other object be designated a landmark, if the DRPB first finds that the feature to be designated has specific historical, archaeological, cultural or architectural value in the City and that the purposes of this Chapter would be furthered by the designation; or

b.

An area of the City be designated a preservation district, if the DRPB first finds that the proposed area has historical significance or represents one or more architectural periods or styles typical to the history of the City and that the purposes of this Chapter would be furthered by the designation. 2.

Denial of designation. The DRPB may recommend to the Council that an application or proposal to designate a landmark, or a preservation district, be denied based upon the evidence presented, or lack thereof. E.

Council hearing. The Council shall schedule a public hearing on a proposed landmark or preservation district designation, or termination, upon receipt of a recommendation from the DRPB. Notice shall be given, and the hearing shall be conducted, in compliance with Chapter 20-66 (Public Hearings). Following the closing of the hearing, the Council, based upon the information presented, shall act on the DRPB recommendation by either making the recommended designation, in whole or in part, or denying the application or proposal.

F.

Council decision. A landmark or preservation district shall be designated by the Council through the rezoning of the site to apply the Historic (-H) combining district (Section 20-28.030), in compliance with Chapter 20-64 (Amendments).

1.

A copy of the ordinance designating a landmark or preservation district shall be sent to the landmark owners, or all owners of property within the preservation district, as applicable.

2.

A denial by the Council shall preclude reconsideration of the proposal for a period of one year from the date of the denial, unless the denial was specifically made without prejudice to the filing of a new application or proposal at any time, pursuant to Section 20-54.080. G.

Notice of designation. Notice of the designation of a landmark or preservation district shall be transmitted by the City Clerk to the Sonoma County Assessor, the Sonoma County Recorder, and any other interested agencies.

H.

Effective date of designation. The provisions of this Chapter regulating landmarks and preservation districts shall apply from the effective date of the rezoning to apply the Historic (-H) combining district to the site and shall become inapplicable only as of the effective date of a rezoning to remove the Historic (-H) combining designation.

I.

Duty to maintain.

1.

Each person in possession or control and every owner of a landmark and any appurtenant premises shall maintain and keep in good repair the exterior of the landmark and premises. Good repair is defined as the level of maintenance and repair that clearly insures the continued availability of the landmark and premises for lawful reasonable uses and prevents deterioration, dilapidation and/or decay of the landmark and premises.

2.

Each person in possession or control and every owner of property located within a designated Preservation District shall maintain and keep in good repair the exterior of any structure, building and premises located within the district. Good repair is defined as that level of maintenance and repair which clearly insures the continued availability of the structures, buildings and premises for lawful reasonable uses and prevents deterioration, dilapidation and decay of the structures, buildings and premises. (Ord. 3677 § 1, 2004; Ord. 2025-003, 2/25/2025)

A.

Applicability.

1.

Landmark Alteration Permit required. No person shall restore, rehabilitate, alter, develop, construct, demolish, remove or change the exterior appearance of any designated landmark, or any structure, building

or significant feature within a preservation district without having obtained a Landmark Alteration Permit in compliance with this section.

2.

Exemptions from permit requirement. A Landmark Alteration Permit is not required for the following, if the project is found consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties:

a.

Repair, renovation or restoration involving the replacement of broken or damaged materials for structures identified as a contributor to a Preservation District, where original materials are proposed, and the repair, renovations or restorations do not include a change to the design of the structure;

b.

Repair, renovation or restoration using similar materials for structures identified as a non-contributor to a Preservation District;

c.

Repainting of previously painted exterior materials, even when it includes a color change, unless the repainting is for the purpose of creating signage for the building. Painting of previously unpainted exterior materials requires the approval of a Minor Landmark Alteration Permit, as identified in subsection (C)(2);

d.

Installation of rain gutters or downspouts;

e.

Installation of roof ventilators or skylights on areas of the roof that are not visible from the public right-ofway;

f.

Installation of a window air conditioning unit, on a side or rear elevation only;

g.

Demolition or removal of a non-historic building;

h.

Re-roofing a structure with materials determined to be similar to the original era, and that do not change the original roofline, except where original materials are no longer allowed by Building Code (e.g. asphalt or composition shingles in place of wood shingles);

i.

Replacement windows and doors that match the original location, size and configuration, and utilize original materials to the era;

j.

Solar panels, and integral parts of the solar panel system including supporting posts or poles, not including proposed new structures, such as a carport or other similar structures proposed in conjunction with the solar panel system. If proposed solar panels would have the possibility of creating a life or safety issue, such as excessive glare to local residences, sensitive facilities (airport) or water resources, the solar panels shall require a Minor Use Permit or Conditional Use Permit depending on the severity of the issues; k.

Alterations or additions to structures that are identified as non-contributors to their respective Preservation District, if the alterations or additions are not readily visible from the public right-of-way; l.

Installation of new landscaping and site features, including walkways and fences that are otherwise permitted by right and determined to be similar to the original era and/or consistent with similar features

within the Preservation District; or

m.

Accessory dwelling units in compliance with Section 20-42.130.

B.

Application requirements. Landmark Alteration Permit application preparation, filing, and processing shall comply with all applicable requirements of Chapter 20-50 (Permit Application Filing and Processing).

C.

Review authority. A Director Level Landmark Alteration Permit shall be approved or denied by the Director of the Planning and Economic Development Department. A Minor Landmark Alteration Permit shall be approved or denied by the Zoning Administrator. A Major Landmark Alteration Permit shall be approved or denied by the DRPB. All Landmark Alteration Permit actions shall be subject to the findings including in Section 20-58.060(F).

1.

Director Level Landmark Alteration Permit. A Director Level Landmark Alteration Permit shall be required for the following, and similar activities as determined by the Director, if the project is found consistent with applicable Secretary of the Interior's Standards for the Treatment of Historic Properties. A historic resource survey/evaluation prepared by a qualified professional is not required unless requested by City staff as necessary based on the scope of the proposed project.

a.

Non-Contributor: Any alterations or additions to a property identified as a non-contributor to a Preservation District when the alterations or additions are found to be compatible with the streetscape within the District. The applicant shall provide documentation through photographs, plans or other means to demonstrate compatibility with the streetscape;

b.

Contributor: The following alterations or additions to a property identified as a contributor to a Preservation District:

(1)

Renovation or restoration involving the replacement of broken or damaged materials, where a change in design or materials is proposed;

(2)

Minor modifications to structures, including, but not limited to, changing a window to a door or a door to a window, or changing the location of existing windows and doors, that are not readily visible from the public right-of-way;

(3)

Additions to existing single-family residential, multi-family residential or non-residential structures involving less than 500 square-feet and that are not readily visible from the public right-of-way;

(4)

An accessory structure, less than 500 square-feet in size, located in the rear yard of a non-corner lot, or otherwise not readily visible from the public right-of-way, including a garage, carport, storage shed, or other small structure, in compliance with all other applicable requirements of this Zoning Code;

(5)

New fences, or replacement fences proposed with different materials or a different design, that are otherwise permitted by right and determined to be similar to the original era and/or consistent with similar fences within the Preservation District;

(6)

Installation of roof ventilators or skylights, where visible from the public right-of-way;

(7)

Re-roofing a structure with materials other than the original era of the structure (e.g. tar and gravel roof), that do not otherwise qualify for an exemption;