§ 9-10.07. Review of Permits.

(a)

The Chief Building Official shall immediately refer building permit applications which propose to alter, renovate, or demolish landmarks or landmark-eligible resources to the Community & Economic Development Director. The Director will then determine whether an application must be made to the Landmark Preservation Commission for its written approval prior to issuance of a building permit. No building permit shall be issued until the Landmark Preservation Commission issues written approval or the Director indicates that the resource is not subject to review by the Landmark Preservation Commission. "Alteration" includes but is not limited to remodeling, repair, signs or fences that will change the exterior appearance. "Demolition" may include the whole or any part of a building.

(b)

Every request for approval in relation to a property or resource designated as a Modesto Landmark Preservation Site shall be accompanied by a City application form, as specified in this chapter, which shall be provided to the Modesto Landmark Preservation Commission.

(c)

Building permits for these applications shall not be issued until receiving written approval from the Modesto Landmark Preservation Commission, subject, however, to subsections (g), (h), and (j) of this section.

(d)

At its next regular meeting the Modesto Landmark Preservation Commission may consider the application to determine if the work adversely affects the preservation, historic and architectural character of the Modesto Landmark Preservation Site or landmark eligible resource.

(1)

The Modesto Landmark Preservation Commission shall conduct a public hearing for the purpose of receiving the recommendations from concerned citizens and the applicant. Notice of the public hearing shall be as follows:

(i)

A public notice of the hearing shall be prepared which at a minimum identifies the hearing body and describes the location of the resource, nature of the historical designation, and the date, the time and place of the hearing. The notice shall be distributed as follows:

(A)

Mailing of a notice to the owner or authorized agent of the property owner and the project applicant. Mailing of a notice to every property owner as shown on the updated equalized assessment roll of the County of Stanislaus, who owns property, any part of which is within three hundred (300) feet of the resource involved. Mailing of a notice to the elementary and high school districts serving the area. The notice shall be deposited in the United States mail not less than ten (10) days prior to the hearing.

(B)

Additional means of distribution may be used at the discretion of the secretary or City Clerk. Additional means of distribution may include mailing of notices not otherwise required or posting notices in the immediate area of the resource.

(2)

If it is determined that the work to be performed does not adversely affect the site, the application shall be approved and the Chief Building Official or Community Development Director shall be informed in writing within ten (10) working days of the Commission's action.

(3)

If it is determined that the work to be performed does adversely affect the site or district, the application shall be disapproved and the Chief Building Official or Community Development Director shall be informed in writing within ten (10) working days of the Commission's action. The Commission shall furnish the permit applicant with a copy of the decision together with recommendations for changes necessary before the Commission will reconsider the permit application.

(e)

When reviewing an application as described under subsection (d) of this section, the Commission shall consider the following criteria to decide whether the work affects the Modesto Landmark Preservation Site in the following cases:

(1)

Proposed Alteration or Addition to an Existing Building, Structure or Site. The Commission will consider whether or not the work will adversely impair the significance or character of the historic resource. The Commission's written findings shall refer to the following criteria:

(i)

The distinguishing original qualities, character or appearance shall not be destroyed. The removal or alteration of historic or original material, or distinctive architectural features shall be avoided. In the event that removal or alteration of historic or original material is determined to be necessary, the work shall be done in such a way as to minimize the adverse effect.

(ii)

Deteriorated architectural features shall be repaired rather than replaced. In the event that replacement is determined to be necessary, the replacement shall be an accurate duplication of the design, color, texture and other visual qualities of the original, substantiated by historic, physical or pictorial evidence rather than on conjecture.

(iii)

The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting, other cleaning methods, sealants, coating and paints shall not damage or appreciably change the material, color and texture of original surfaces.

(iv)

Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy original, historic, architectural or cultural material, and such design is compatible with the size, scale, color, material and character of the resource, neighborhood or environment.

(v)

Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

(2)

Proposed Demolition or Removal of a Building or Structure. The Commission will consider whether or not the demolition or removal is necessary, and its effect on the surrounding buildings and neighborhood. The Commission's written finding shall refer to the following criteria:

(i)

Consideration shall be given to the significance or architectural merit of the building itself, and the contribution the building makes to the historic or architectural character of the neighborhood or district.

(ii)

Consideration will be given to the economic value, usefulness and replacement cost of the building as it now stands and as remodeled or rehabilitated, in comparison to the value or usefulness of any proposed structures designated to replace the present building or buildings.

(iii)

Consideration will be given to the present structural integrity of the building to determine whether or not it constitutes a clear and present danger to the life and safety of the public. The Commission may contract for a professional estimate of the structural integrity and an estimate of the cost of correcting dangerous deficiencies, with Council approval.

(iv)

Consideration will be given to the effect of demolition and of proposed new construction on the adjacent buildings and on the architectural and historic character of the neighborhood or district.

(3)

Proposed New Construction or Relocation. The Commission will consider the effect of the work on the historic and architectural character of the surrounding buildings and neighborhood. The Commission's written findings shall refer to the following criteria:

(i)

Contemporary design for new construction shall not be discouraged, but should be compatible with scale, color, texture, materials and other visual qualities of the surrounding buildings and neighborhood.

(ii)

The new building should be compatible with the height, width, depth, massing and setback of the surrounding buildings.

(iii)

The amount of solid wall to window and door openings, and the placement of window and door openings, should be proportional to that of the surrounding buildings and neighborhood.

(f)

The recommendations of the Commission will be consistent with the California State Historical Building Code; and to the extent that a recommendation is inconsistent, the standards of the California State Historical Building Code shall prevail.

(g)

If within forty-five (45) days from the filing of the completed application, the Commission has neither approved or denied the building permit application, the plans and permit application shall be deemed to have been approved by the Commission, and if all other requirements of the City have been met, the appropriate department head shall authorize a permit for the proposed work. By vote of the Commission and notification of the department head, the forty-five (45) day period may be extended by fifteen (15) days in cases where professional study or recommendation is required and the forty-five (45) day period is not sufficient to do the work. No permit shall be issued or work commenced in the event the Commission disapproves the application in accordance with this chapter.

(h)

In emergency situations where immediate repair is needed to protect the safety of the structure and its inhabitants, the Chief Building Official may approve temporary or limited repair without prior Modesto Landmark Preservation Commission action. In the case of a permit issued pursuant to this paragraph, the Chief Building Official shall immediately notify the Modesto Landmark Preservation Commission of its action and specify the facts or conditions constituting the emergency situation.

(i)

If the approval of any board or commission other than the City Council alters, amends or modifies any condition of approval established by the Landmark Preservation Commission, that board or commission shall notify the Landmark Preservation Commission of the change and the reasons for the change within five (5) days of that approval.

(j)

The permit applicant or any party aggrieved by the decision of the Modesto Landmark Preservation Commission shall, within fifteen (15) days of the date of the Modesto Landmark Preservation Commission's order and decision, have a right to appeal such order and decision to the City Council. The appeal shall be made by delivering to the City Clerk two (2) copies of a Notice of Appeal and statement of reasons setting forth the grounds for the appeal. The City Clerk shall transmit one (1) copy of the Notice of Appeal and statement to the City Council and one copy to the Modesto Landmark Preservation Commission. The Modesto Landmark Preservation Commission, in any written order denying a permit application, shall advise the applicant of this right to appeal to the City Council and include this paragraph in all such orders.

(Added by Ord. 3691-C.S., § 1, effective 3-7-19)