Vallejo Municipal Code Ch. 16.614 Architectural Heritage and Historic Preservation

The purpose of the architectural heritage and historic preservation chapter is to create and establish regulations for historic districts and landmark designations for specific properties that will conserve and enhance the city's architectural heritage and historic resources.

This chapter is also intended to create historic design guidelines to balance between housing needs with preservation needs. These guidelines shall address (1) Designated or contributing historic resources; (2) Non-contributing existing structures; and (3) New construction.

A. More specifically, the historic district and landmark designations are intended to:

B. Designate, preserve, protect, enhance and perpetuate those historic buildings, structures, landscaping, districts and neighborhoods that contribute to and serve as visible reminders of the cultural, aesthetic and architectural heritage of Vallejo;

C. Foster civic pride in the beauty and accomplishments of the past;

D. Deter demolition, destruction, alteration, misuse, or neglect of historically, culturally, archaeologically or architecturally significant districts, sites, buildings and objects that form an important link to the city's past;

E. Encourage development tailored to the character and significance of each historic district or landmark through an historic district conservation plan that includes goals, objectives, and design standards;

F. Provide a review process for appropriate alterations and additions to cultural, architectural and historical resources, consistent with the secretary of the interior's standards for the treatment of historic properties where applicable;

G. Promote maintenance of a harmonious outward appearance of both historic and modern structures through complementary scale, form, color, proportion, texture and material;

H. Stabilize and improve the economic values of designated historic buildings, structures, architectural resources, districts and neighborhoods; and

I. Implement the policies of the general plan related to cultural and historical resources.

The historic resources inventory (HRI) is a database maintained by the planning division containing building descriptions and evaluations of potential historic resources in the city of Vallejo. Each property listed on the HRI has been evaluated by professionals using accepted industry standards and criteria at the time of conducting the inventory. The HRI is used to identify properties of potential historic significance.

Development Review. All new construction, demolition, alteration and relocation of contributing resources, including but not limited to landscaping, signage, and fencing within the Mare Island Historic District, as defined in the Mare Island Specific Plan, shall be subject to the standards, regulations and procedures contained in the Mare Island Specific Plan, and all of its appendices, particularly:

Appendix B.1 Mare Island Historic District Project Guidelines

Appendix B.4 Design Guidelines for the Mare Island Historic District

An "H" Historic District designation may be combined with any base zoning district and an "L" property designation may be within any base zoning district or "H" Historic District. The standards set forth in this chapter shall apply to all properties within a designated "H" Historic District and any "L" designation of a property.

A. An application to add a new "L" Landmark property designation may be initiated by the city council, the architectural heritage and landmarks commission or planning commission, or upon the request of the Vallejo Architectural Heritage Foundation, neighborhood associations, historic preservation organizations, or city resident, or upon the verified application of the owner or authorized agent of the property to be designated.

B. Landmarks Heritage Survey List. The architectural heritage and landmarks commission shall undertake and complete one or more architectural heritage surveys. Upon completion of such survey(s), the architectural heritage and landmarks commission shall undertake to establish and maintain a list of structures, objects and areas having a special historical, cultural, architectural or aesthetic interest or value. This list may include single structures or sites, portions of structures, groups of structures, manmade or natural landscape elements, objects, works of art, or integrated combinations thereof.

Upon completion of such list, the architectural heritage and landmarks commission:

1. May carry out, assist and collaborate in studies and programs designed to identify and evaluate structures, objects, sites and areas worthy of preservation, and establish archives where pictorial evidence of the structures and their architectural plans, if any, may be preserved and maintained;

2. May consult with and consider the ideas and recommendations of civic groups, public agencies and citizens interested in historic preservation;

3. With permission of the owner or, where appropriate, of the owner's authorized agent, inspect structures, objects, sites and areas which it has reason to believe worthy of preservation;

4. May disseminate information to the public concerning those structures, objects, sites and areas deemed worthy of preservation, and may encourage and advise property owners and members of the community generally in the protection, enhancement, perpetuation and use of designated structures, property in historical districts, and other officially recognized property of historical, cultural or architectural interest;

5. May consider methods for encouraging and achieving preservation, and may establish such policies, rules and regulations as it deems necessary to administer and enforce this chapter, subject to approval by the city council.

C. Designation of Landmarks. From the heritage survey list, the architectural heritage and landmarks commission may designate certain structures, sites, portions of structures, groups of structures, landscape elements, objects, works of art, or integrated combinations thereof as landmarks. Each such designation shall include a description of the characteristics of the designated item which justifies its designation, and shall also include a description of the particular features that should be preserved, and also include the location of the landmark.

D. Designation Criteria. The architectural heritage and landmarks commission shall use the following criteria when deciding whether to designate property as a landmark:

1. Architectural Merit:

a. Property that is the first, last, only, or most significant architectural property of its type in the city or region.

b. Property that is the prototype of, or outstanding example of, periods, styles, architectural movements, engineering or construction techniques, or an example of the more notable work, or of the best surviving work in the city or region of an architect, designer or master builder.

c. Architectural examples worth preserving for the values they add when integrated into the total fabric of the city's neighborhoods.

2. Cultural Value: Structures, objects, sites and areas associated with the movement or evolution or religious, cultural, governmental, social and economic developments of the city;

3. Educational Value: Structures worth preserving for their educational value;

4. Historical Value: Preservation and enhancement of structures, objects, sites and areas that embody and express the history of Vallejo, Solano County, California, or the United States. History may be social, cultural, economic, political, religious or military;

5. Any property which is listed on the National Register and is described in Section 470a of Title 16 of the United States Code and/or is a registered state landmark.

E. Classification of Designations. Any property which the architectural heritage and landmarks commission finds to meet the criteria specified in Subsection B may be classified and designated as follows:

1. City Landmark. City landmarks shall include those structures found to have unique historical, architectural or aesthetic interest or value and which are eligible for or listed on the National Register of Historic Places.

2. Historic Structure. Historic structures shall include those structures found to have outstanding historical, architectural or aesthetic interest or value.

3. Structure of Merit. Structures of merit shall include those structures found to have significant historical, architectural or aesthetic interest or value.

4. Contributing Structure. Contributing structures shall include those structures found to warrant special historical, architectural or aesthetic interest or value.

F. Application Required. Any such application for designation shall be filed with the architectural heritage and landmarks commission upon forms which it shall provide, and shall be accompanied by all data required by the architectural heritage and landmarks commission.

G. Action by the Architectural Heritage and Planning Commission - Public Hearing. Upon receipt of a request for designation, or the property owners' consent to the designation if nominated by the architectural heritage and landmarks commission or city council, the architectural heritage and landmarks commission or the secretary shall schedule a public hearing and cause notice thereof to be published once in a newspaper of general circulation in the city. The secretary shall also cause all owners of property within a two hundred-foot radius of the property in question, and any neighborhood group applicable to the property, to be notified of such application by mail. These notifications shall be made at least twenty-one days prior to the date scheduled for the hearing. After conducting a public hearing, the architectural heritage and landmarks commission shall determine whether to designate the structure as a city landmark, provided that no such designation shall be final prior to ratification at a subsequent meeting of the commission.

H. Time Limitation. The architectural heritage and landmarks commission shall offer a public hearing, approve, disapprove or modify the request within one hundred eighty days after receipt of the request.

I. Notice of Action Taken. The architectural heritage and landmarks commission shall promptly notify in writing the applicant and owner of the property of such action taken. The architectural heritage and landmarks commission shall also mail a notice of its decision to persons requesting such notification. A copy of the notice of decision shall be filed with the secretary.

J. Resubmission or Reconsideration. If a proposal initiated by application has been denied by the architectural heritage and landmarks commission, or by the city council on appeal, subsequent application that is the same or substantially the same may not be submitted or reconsidered for at least one year from the effective date of final action on the original proposal unless substantial additional data becomes available, in which case the architectural heritage and landmarks commission may rule to hear a resubmitted application after six months.

K. Additional Notice of Action. When a structure has been designated as provided above, the architectural heritage and landmarks commission shall cause a copy of the designation, or notice thereof, to be recorded in the Office of the County Recorder and copies filed with the following: Planning division, building division, housing authority, Solano County Board of Realtors, Vallejo Architectural Heritage Foundation, American Institute of Architects—Solano County Branch, Northern California Chapter. Such structure shall be shown as a separate overlay on the city's GIS map. (This is currently shown on separate map.)

A. An application to add a new "H" Historic District designation may be initiated by the city council, or the architectural heritage and landmarks commission or planning commission, or upon the request of the Vallejo Architectural Heritage Foundation, neighborhood associations, historic preservation organizations, or city resident, or upon the verified application of the owner or authorized agent of the property to be designated.

B. Architectural Heritage District. This district may be made applicable to any area in the city with significant architectural heritage. Any zoning district, or a portion thereof, may be designated an "architectural heritage district." This district is adopted to preserve areas and specific buildings and structures which reflect elements of the cultural, social, economic, political and architectural history of the city. This district is intended to stabilize and improve property values in historical areas and to preserve specific buildings and structures which are considered to be of historical or architectural value, to foster civic pride and beauty, and to strengthen the community's economy.

C. Historic District. This district may be made applicable to any area in the city found to have significant historical, architectural or aesthetic value. Any zoning district, or a portion thereof, may be designated an "historic district." It is the purpose of this district and the intent of the city council in adopting same to achieve maximum feasible rehabilitation. Rehabilitation, as distinct from restoration, is the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use. In rehabilitation, those portions of the property important to illustrating historic, architectural and cultural values are preserved or restored.

An amendment to an "H" Historic District and historic district conservation plan or historic district specific plan or an "L" Landmark designation shall be initiated, recommended by the architectural heritage and landmarks commission, and approved by the city council in the same manner as specified for new designations.

The land use regulations and development regulations applicable to a building, structure or area subject to an "H" Historic District or "L" Landmark designation shall be as prescribed for the base zoning district with which it is combined, provided that where conflicts arise, the criteria and requirements of any applicable historic district conservation plan or specific plan, shall govern.

A. Ordinary Maintenance and Repair; Repair for Public Safety. Nothing in this chapter is intended to prohibit ordinary maintenance or repair of any exterior or interior architectural feature in or on any property subject to an "H" or "L" designation that does not involve a change in design, material or external appearance thereof. Nor is this chapter intended to prohibit the construction, reconstruction, alteration, restoration, demolition or removal of any such architectural feature when the chief building official certifies that such action is required for the public safety, due to an unsafe or dangerous condition which cannot be otherwise rectified, and where in such case, the architectural heritage and landmarks commission shall be notified.

B. State Historical Building Code. The California State Historical Building Code provides alternative building regulations for the rehabilitation, preservation, restoration or relocation of structures designated as cultural resources. For any property subject to an "H" or "L" designation, such work on cultural resources shall be subject to the provisions of the California State Historical Building Code, rather than the Uniform Building Code, as provided by Section 6.06.071 of the Vallejo Municipal Code.

C. The Secretary of the Interior's Standards for the Treatment of Historic Properties. The latest published version of the U.S. Secretary of the Interior's "Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings" shall be used as guidelines in carrying out responsibilities for such actions under this chapter, as refined by historic district conservation plans and specific plans and master plans adopted by the city.

D. Allowable Modifications in Base District Standards. The director may modify the dimensional requirements specified in this code by up to twenty-five percent, and the architectural heritage and landmarks commission may allow additional modification, upon finding that the requested modification is necessary to facilitate conservation, rehabilitation, restoration, and adaptive reuse of, and appropriate additions to, identified historic buildings and landmarks. Such modifications shall be subject to the same procedures as specified for certificates of appropriateness. Specific waivers and modifications may be granted for:

1. Setbacks. Front, side, and rear yard setback standards.

2. Parking. The dimensional standards for parking spaces, aisles, driveways, landscaping, garages on sloping lots, and parking facility design.

3. Fences and Walls. Standards for the location, height, and design of fences and walls.

4. Lot Coverage. Standards for the maximum amount of lot coverage.

5. Height. Maximum building height or other height limitations.

6. Other Standards. Up to twenty-five percent of other development standards not listed above.

A certificate of appropriateness shall be required prior to the construction, demolition, alteration, or relocation of, or addition to, any main or accessory structure or other designated feature in a historic district, or on the property of a designated landmark. The purpose of this requirement is to ensure the integrity of structures and the general character in historic districts or the integrity and general character of designated landmarks that are of historical or architectural significance.

A. Authority. The architectural heritage and landmarks commission or director shall have the authority to review and approve, approve with conditions, or disapprove a certificate of appropriateness pursuant to the procedures and criteria in this chapter.

B. Exemptions.

1. No certificate of appropriateness is required for ordinary maintenance, or for the demolition, alteration or relocation of, or addition to, a structure or feature identified as non-contributing in the applicable designation ordinance. Maintenance shall include, but not be limited to, painting, minor repair, routine maintenance and upgrading that does not involve significant changes to the designated structure, feature or site.

2. No certificate of appropriateness is required to prevent any work 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 official or fire marshal, and where such work has been declared necessary by such officials to correct the condition; provided, however, that only such work as is reasonably necessary to correct the unsafe or dangerous condition may be performed.

3. No certificate of appropriateness is required for alteration of the interior of a structure, unless such structure is designated as a landmark.

4. No certificate of appropriateness is required for development or alteration of an accessory dwelling unit.

5. No certificate of appropriateness is required for paving, decks, fences, and retaining walls except those identified in Table 16.614-A.

C. Initiation. An application for a certificate of appropriateness shall only be submitted by a qualified applicant, as defined in Section 16.602.02, Application Forms and Fees.

D. Review Authority and Public Notice. The authority to review a certificate of appropriateness and public notice shall be as provided in Table 16.614-A.

TABLE 16.614-A: REVIEW AUTHORITY AND PUBLIC NOTICE

E. Findings for Approval. To approve an application for a certificate of appropriateness, the architectural heritage and landmarks commission or director shall find, as applicable:

1. The project is in conformance with the U.S. Secretary of the Interior's Standards for the Treatment of Historic Properties applicable to the project and any ordinance designating the historic district or landmark.

2. For projects located in a historic district, the proposed project is consistent with any conservation plan or specific plan adopted for the historic district.

3. For projects that require demolition, the architectural heritage and landmarks commission shall also find, as applicable:

a. It is not feasible to preserve or restore the structure after considering alternatives and balancing interest in preservation versus cost.

b. The retention of the structure constitutes a hazard to public safety.

c. The structure is a deterrent to a major improvement program which substantially benefits the city.

d. Retention of the structure in the judgment of the commission is not in the interest of the majority within the historic district.

e. Conditions of Approval. The director may impose or recommend that the architectural heritage and landmarks commission impose, such conditions in a certificate of appropriateness that are necessary to accomplish the purposes of this code and prevent or minimize adverse impacts upon the public. These conditions shall run with the land and not be affected by a change in ownership.

F. Effect of Issuance of a Certificate of Appropriateness. Issuance of a certificate of appropriateness shall authorize the development, exterior alteration, restoration, or relocation of the site or structure within the historic district or of the landmark designation pursuant to the terms and conditions of the certificate of appropriateness and authorize the applicant to apply for a zoning or building permit.

A. General. All owners of sites, structures or features included in the city's historic resources inventory, in an historic district or subject to a landmark designation, shall maintain such sites, structures or features in good repair, and no owner shall permit such sites, structures or features to fall into a state of disrepair that would, in the judgment of the director, produce a detrimental effect upon the character of such sites, structures or features. Structures and premises shall be considered in good repair if they do not present material evidence of disrepair or material variance in condition from surrounding structures that comply with the provisions of this code. The purpose of this chapter is to prevent an owner or other person having legal custody and control over a property from facilitating demolition of a historic resource by neglecting it and by permitting damage to it by weather, vandalism, wood-destroying insects, or other factors within the owner's means to prevent.

B. Standards of Review. The standards of review for "good repair" and "disrepair" are as follows:

1. Good Repair. Includes and is defined as the level of maintenance that ensures the continued availability of the structure and premises for a lawfully permitted use, and prevents unreasonable deterioration, dilapidation, and decay of the exterior portions of the structure and premises.

2. Disrepair. Includes but is not limited to unreasonable deterioration of exterior walls, plaster, mortar or vertical or horizontal supports; deterioration of roofs and exterior chimneys; ineffective waterproofing, including broken windows or doors; or the deterioration of any other exterior feature that would create a hazardous or unsafe condition.

C. Minimum Maintenance. Consistent with all other state and Vallejo Municipal Codes requiring that buildings and structures be kept in good repair, and subject to approval of a certificate of appropriateness if required, the owner or other person having legal custody and control of a property shall repair such building or structure if it is found to have any of the following defects.

3. Building elements so attached that they may fall and injure members of the public or property.

4. Deteriorated or inadequate foundation.

5. Defective or deteriorated flooring.

6. Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration.

7. Members of ceilings roofs, ceilings or roof supports or other horizontal members which sag, split or buckle due to defective materials or deterioration.

8. Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration.

9. Deteriorated, crumbling or loose exterior plaster.

10. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors.

11. Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other protective covering.

12. Any fault, defect or deterioration in the building which renders it structurally unsafe or not properly watertight.

D. Notice to Comply.

1. Unmaintained Resources. If the director or chief building official determines that any site or structure is not being maintained in accordance with this chapter, the director or chief building official shall issue a notice to comply requiring the owner or other person having legal custody and control of the site or structure to take action in order that the site or structure may be preserved in accordance with this chapter. The director and/or chief building official may also meet with the owner or other person having legal custody and control of the site or structure to discuss ways to bring the site or structure into conformance with this chapter.

2. Protection of Deteriorated, Vacant and Vandalized Resources. The director and/or chief building official shall have the authority to issue a notice to comply to any owner of any property subject to this chapter upon determining that the property has become subject to vandalism or constitutes a public nuisance. In such circumstances, the chief building official shall have the authority to issue any order deemed appropriate to keep the property from being further vandalized or from becoming a public nuisance including, but not limited to, ordering that the building be secured and fenced.

3. For the purposes of this provision, the property shall include exteriors of any accessory building located on a property in the city's historic resources inventory.

4. Security measures that the chief building official may order shall include, but not be limited to, the following:

a. The installation of the maximum allowed height under this code of chain-link perimeter fencing and at least one securely locked pedestrian gate and the posting of "NO TRESPASSING" signs at regular intervals.

b. Steel or plywood closures, with one-inch diameter air holes, installed at all doors and windows. (Sandwich panel installation shall be used to avoid drilling into window frames and sashes, doors, ornament or masonry units.)

c. The removal of all debris from the premises, including but not limited to wood, paper, cans, bottles and fecal matter.

d. Any temporary modifications required to be made to secure the building shall be reversible.

5. Any plans or proposals for work required to be performed pursuant to a notice to comply to secure any building from bring further vandalized or from becoming a public nuisance must first be reviewed by the director and chief building official to ensure that any work to secure the building will not damage or alter the historic character of the building. This review by the director and chief building official shall be completed within ten calendar days from the date any request for review is submitted. If the work to be performed includes substantial alteration, the procedures set forth in this chapter shall be utilized for review.

6. Nothing herein shall be interpreted to prohibit an owner from taking immediate temporary measures to secure a building from unauthorized entry.

7. It shall be unlawful for any property owner to fail to comply with any notice to comply issued by the chief building official under this provision.

8. In addition to the remedies provided by this Zoning Code, should an owner fail to comply with an order to comply, the city may take the necessary measures, including those authorized under this Zoning Code, to immediately secure the property against vandalism or prevent it from becoming a public nuisance. The city shall have the authority to assess the cost of performing this work as a lien against real property on which the building is located and take whatever additional action the city deems necessary to recover its costs and further secure the property and provide for its preservation. Prior to taking these measures, the city shall send a notice of intention to the owner.

A. Appeals. A decision on an certificate of appropriateness may be appealed in accordance with Chapter 16.602, Common Procedures, Section 16.602.14, Appeals.

B. Expiration, Extensions and Modifications. A certificate of appropriateness is effective and may only be extended or modified as provided for in Chapter 16.602, Common Procedures, Sections 16.602.12, Expiration and Extension and Section 16.602.13, Revocation of Permits.

C. Revocation. A certificate of appropriateness may be revoked in accordance with Chapter 16.615, Enforcement and Abatement.