Chapter 9.20 — Certificates of Appropriateness [new]

Sections:

9.20.010 Purpose

• 9.20.020 Applicability

• 9.20.030 Review Authority

• 9.20.040 Application Requirements

• 9.20.050 Findings and Decision

• 9.20.060 Appeals

• 9.20.070 Conditions of Approval

• 9.20.080 Post Decision Procedures [necessary?]

Certificate of Appropriateness is intended to protect structures, improvements, natural features, and objects of historic significance including but not limited to areas

of architectural, cultural, economic, historic, political, and social importance from any alteration, demolition, or removal which would have an adverse effect thereon.

A. When Required

1. A Certificate of Appropriateness is required for the alteration, demolition, or removal of any individual cultural resource or any contributing cultural resource, and for any alteration, demolition, or removal of any potential cultural resource, by the City, any agent of the City, or a private party.

2. A property or structure over 50 years of age; or on or potentially eligible for a local, State or national register shall be presumed to be a potential cultural resource subject to a Certificate of Appropriateness.

• b) Shall accompany any permit or any work otherwise altering the architectural features or appearance of the resource.

B. Alteration Defined

1. An alteration shall mean any act or process, through private or public action, that changes the specified character defining or significant physical features or architectural appearance of a cultural resource, including the reconstruction, new construction, additions, rehabilitation, relocation, removal, repair, replacement, or restoration of any resource.

2. A Certificate of Appropriateness shall be required: a) In addition to any other permits required by this Zoning Code; and

3. These changes include modification of a structure, architectural detail or visual characteristic (e.g., grading, paint color, surface texture), surface pav-

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Chapter 9.20 Certificates of Appropriateness [new]

ing, 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 significant objects (e.g., fences, landscaping and accessories, light fixtures, plaques, signs, steps, street furniture, and walls) affecting the significant visual or historical qualities of the property.

C. Waiver of Development Standards

When approving a Certificate of Appropriateness, the Commission may allow a waiver of development standards for designated cultural resources only as follows and only if first found to contribute to preserving a cultural resource and/or the character of a historic site.

1. Parking. Up to one on-street parking space (defined as 24 unobstructed linear feet of property street frontage) may contribute to meeting parking requirements.

2. Accessory Structures

• a) A major accessory structure required setback may be reduced by up to two feet, but in no case closer than three feet to the nearest property line.

• b) The peak of a major accessory structure gable roof may be allowed a height of up to 19 feet for a steep roof (defined as a roof with a rise as great or greater than its run) found necessary to maintain architectural consistency with the design of the site’s primary structure.

3. Floor Area. The floor area of a cultural resource may be the amount allowed by the underlying zone's floor area ratio or coverage limit, multiplied by a factor of 1.10.

4. New Construction Projects Incorporating a Cultural Resource

• a) Setbacks required by the underlying zone for a cultural resource incorporated into a new construction development may be reduced by up to 25 percent.

• b) Up to one dwelling that is a cultural resource incorporated into a new construction project on a development site 15,000 square feet or greater in size, may be excluded from the density calculation of the underlying zone, and up to 1,000 square feet of its floor area may be excluded from the floor area calculations of the underlying zone district; provided, the site’s density and floor area conforms to the General Plan.

Certificates of appropriateness shall be approved, approved with conditions, or denied subject to the following review authorities:

A. Administrative Review

Site modifications that are small in magnitude (e.g., minor fencing, hardscape, landscape, lighting, minor accessory structures, signs, and streetscape improvements) and minor structure modifications that do not involve new construction, additions to existing structures, or demolition of existing structures shall be subject to review and approval or denial by the Director.

2. The Director may refer an administrative Certificate of Appropriateness review to the Commission, where unique circumstances or policy implications deem it necessary to do so.

D. Compliance with Findings Required

A Certificate of Appropriateness may be approved if the project is determined to be in compliance with the findings specified in Section 9.20.050 (Findings and Decision).

B. Planning Commission

1. Site modifications that do not meet the criteria for administrative review as specified above shall be subject to review and approval or denial by the Commission.

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Chapter 9.20 Certificates of Appropriateness [new]

A. Filing Requirements

An application for a Certificate of Appropriateness shall be filed and processed in compliance with Chapter 9.10 (Application Processing Procedures).

C. Responsibility

It is the responsibility of the applicant to provide evidence in support of the findings required by Section 9.20.050 (Findings and Decision).

B. Required Data

The application shall include the information and materials specified in the Department handout for Certificate of Appropriateness applications, together with the required fee.

A. Review Authority’s Action

An application for a Certificate of Appropriateness may be approved, conditionally approved, or denied by the review authority.

2. The proposed project is consistent with the General Plan, any applicable specific plan, and the Zoning Code;

B. Required Findings

The applicable review authority may approve a Certificate of Appropriateness only after first making all of the following findings:

1. The proposed work will neither adversely affect the significant architectural features of a historic resource nor adversely affect the character of the aesthetic, architectural, or historic interest or value of a historic resource and its site;

2. The proposed project is consistent with the Secretary of the Interior Standards and requirements of the California Environmental Quality Act (CEQA); and

3. Any additional findings required by Subsection 9.20.020.C (Waiver of Development Standards) can be made.

An administrative decision by the Director is appealable to the Planning Commission; and a Planning Commission decision is appealable to the Council in compliance with Chapter 10.20 (Appeals).

In approving a Certificate of Appropriateness, the review authority may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by Section 9.20.050 (Findings and Decision), and which may also include con-

ditions requiring maintenance of a cultural resource in good condition, or installation in publicly viewable areas of informative plaques.

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Chapter 9.20 Certificates of Appropriateness

The procedures and requirements in Chapter 9.90 (Permit Implementation, Time Limits, and Extensions), and those related to appeals (Chapter 10.20)

and modifications and/ or revocations (Chapter 9.100) shall apply following the decision on a Certificate of Appropriateness application.

9-16 | Adopted October 2014 | Tehachapi Zoning Code