§ 18.130.050 — Property Alteration

A. Permit(s) Required for Alterations. No person shall make alterations to any HRI property without first obtaining the required permits or approvals from the Director, or the Review Authority specified in this Chapter. 1. A Significant Properties Alteration (SPA) Permit shall be required for alterations to an HRI property. 2. The addition of an accessory dwelling unit to an HRI property requires an SPA Permit. 3. For purposes of compliance with the California Environmental Quality Act (CEQA), an SPA Permit for a major alteration shall be considered a discretionary project under Section 15357 of the CEQA Guidelines. B. Application for Significant Property Alteration (SPA) Permit. 1. The owner or authorized representative proposing alterations to an HRI property shall file a planning application with the Department, with the required supporting information, and any applicable filing fee in compliance with the Fee Schedule. 2. As soon as practicable after the application is deemed complete, the application for the SPA Permit shall be forwarded to the Director or HLC, as appropriate, for its review and recommendation. C. Review Required for Alterations. 1. The Director shall approve or deny applications for SPA Permits for small projects as defined in this Chapter. The Director has the discretion to determine that any such application for a small project should instead be construed as a major alteration requiring review by the HLC and approval by the Director of Community Development. 2. The HLC shall review applications for SPA Permits proposed for major alterations and render a recommendation to the Director of Community Development. 3. Following review and recommendation by the HLC, applications for SPA Permits for major alterations shall be forwarded to the Director of Community Development, which shall approve or deny the application. 4. The Director or HLC may require supplemental information or reports as may be necessary for a complete review. 5. The Director may impose such reasonable conditions or restrictions as they deem necessary or appropriate on a case-by-case basis to promote or achieve the purposes of this Chapter. 6. Preventative maintenance, as defined in this Chapter, shall be excluded from the review process specified in this Section. 7. The addition of an accessory dwelling unit to an HRI property shall be considered a major alteration if (A) the accessory unit would be attached to the main house and involve alterations to the exterior of the main house; (B) the HRI property is subject to a Mills Act contract; (C) the accessory dwelling unit would convert a garage that may be of a similar age and design to the main dwelling and contribute to the integrity of the HRI property; or (D) the Director makes a determination that the addition would be a major alteration. All other additions of accessory dwelling units shall be processed as small projects. D. Findings Necessary to Approve SPA Permits. A decision to approve, approve with changes, and/or conditions, or deny the application for the SPA Permit shall be based upon the following findings. 1. The alterations shall be designed to the essential character, features, and defining elements that make the HRI property significant; 2. The project proposal shall not have a significant adverse effect on the integrity of the HRI property; 3. The alterations must be compatible with the existing structure or district; and 4. The alterations must be consistent with the Secretary of the Interior’s Treatment Standards. E. Appeal Procedures. 1. In the event the applicant or other interested party is not satisfied with the permit or approval action permitted by this Section, the decision may be appealed. Such appeal shall be taken by the filing of a notice in writing to that effect with the City Clerk within seven calendar days after rendition of the decision, along with the payment of an appeal fee as specified in the Fee Schedule. 2. Appeals of the Director’s decisions shall be evaluated in the same manner as major alterations and shall be referred to the HLC for recommendation and the Council for decision. F. Approval Expiration. Any approval granted under this Section shall remain valid for a period of two years following the date the action was taken by the Director or the applicable Review Authority. The Director or Review Authority may at any time authorize extensions of time on any approval, without the need for any public hearing, for a total period of 24 months following the original date of expiration. G. Preventative Maintenance. The owner, lessee, or other person(s) in actual charge of an HRI property (“responsible party”) shall maintain and keep such property in a manner that ensures its continued eligibility for listing on the HRI. Care of the HRI property shall be undertaken so as not to constitute “demolition by neglect” and prevent deterioration, dilapidation, and decay of the historic fabric of any portion of the property. The responsible party shall ensure that all HRI properties shall remain free from structural defects through prompt corrections of any of the following defects: 1. Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls, or other vertical structural supports. 2. Members of ceilings, roofs, and roof supports or other horizontal members which sag, split, or buckle due to defective material or deterioration. 3. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken window glass or doors. 4. Defective or insufficient weather protection for exterior wall covering, including lack of paint or weathering due to lack of paint or other protective covering. 5. Any fault or defect in the structure which renders it structurally unsafe or not properly watertight. 6. Minor mechanical systems in need of repair, not involving substantial removal of original interior or exterior building materials or features.