Words or phrases as used in this Chapter shall have the meaning as defined in Section 9.56.030 except as otherwise defined as follows:
A certificate issued by the Landmarks Commission Secretary, or Landmarks Commission on Appeal, for a project in the Third Street Neighborhood Historic District pursuant to Section 9.58.030(B).
A certificate issued for a project in the Third Street Neighborhood Historic District pursuant to Section 9.58.030(C).
A certificate issued by the Landmarks Commission Secretary for a project in the Third Street Neighborhood Historic District pursuant to Section 9.58.030(A).
All structures located within the Third Street Neighborhood
Historic District boundaries that were constructed in 1935 or earlier.
The Third Street Neighborhood Historic District.
Any alteration, restoration, construction, reconstruction,
removal, relocation or demolition of a structure within the Third
Street Neighborhood Historic District.
The Third Street Neighborhood Historic District boundaries
consist of the area bounded on the east by the rear property line
of the parcels on the east side of Third Street; bounded on the south
by Hill Street, including the parcels on the south side of the street
but excluding the parcel on the southeast corner of Hill Street and
Third Street; bounded on the west by the rear property line of the
parcels on the west side of Second Street; and bounded on the north
by the southside of Ocean Park Boulevard.
All structures located within the Third Street Neighborhood
Historic District boundaries constructed after 1935 as well as vacant
parcels.
Those certain guidelines for the planning and review of historic
building rehabilitation, restoration, alteration and addition, prepared
by the United States Department of Interior dated 1976, and as may
be amended from time to time.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A.
Automatic Exemption. No City approval shall be required for
work to a contributing or noncontributing building if no building
permit is required and if the work does not require a certificate
of administrative approval or certificate of appropriateness under
this Section.
B.
Certificate of Exemption.
1.
A
certificate of exemption shall be required for the following work
to contributing and noncontributing buildings within the District
if a building permit is required:
a.
All interior alterations.
b.
House painting resulting in no change in color.
c.
New screens.
d.
Flat concrete work in the side and rear yards.
e.
Repaving of existing front yard paving, concrete work and walkways,
if the same material in appearance as existing is used.
f.
General maintenance and repair if it results in no change in existing
appearance.
g.
Removal or addition of minor landscape features, including sprinkler
systems and excluding mature trees.
h.
Removal of mature trees if severely damaged or diseased.
i.
Emergency repairs necessary to preserve life, health or property
as determined by the Building Officer to be immediate and necessary.
j.
Rear or side yard fences.
2.
A
certificate of exemption shall be required for the following work
to noncontributing buildings within the District if a building permit
is required:
C.
Certificate of Administrative Approval.
1.
A
certificate of administrative approval shall be required for the following
work to contributing and noncontributing buildings within the District:
a.
House painting resulting in a change in color.
b.
Retaining walls.
c.
New windows or doors.
d.
Skylights.
e.
Removal of mature trees if specifically identified in a landscape
survey adopted by the Landmarks Commission.
f.
Removal, demolition, addition or alteration to front yard fences.
g.
Removal, demolition, addition, alteration or repaving of front yard
paving, concrete work or walkways, if material used changes existing
appearance.
h.
Roof top solar equipment or exterior telecommunication equipment.
i.
Mechanical systems including air conditioning or heating.
D.
Certificate of Appropriateness. A certificate of appropriateness
shall be required for the following work to contributing and noncontributing
buildings within the Third Street Neighborhood Historic District:
1.
Surfacing
and resurfacing of exterior walls if it changes appearance.
2.
Removal,
demolition, addition or alteration to the front of structures.
3.
Removal,
demolition, addition or alteration to the side or rear of structures.
4.
Construction
of new buildings within the Third Street Historic District boundaries.
5.
Relocation
of buildings within, out of, or into the Third Street Neighborhood
Historic District.
6.
Removal,
demolition, addition or alteration to building roof lines.
7.
Any other similar work not enumerated in subdivision (A), (B), or (C) of this Section, as determined by the Landmarks Commission Secretary within his or her sole discretion, except that any demolition of a contributing or noncontributing structure shall be governed by the provisions of Section 9.58.050.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A.
Criteria for Issuance of Application for Exemption. The Landmarks Commission Secretary shall issue a certificate of exemption for projects in the District if the Secretary finds that the proposed project is included within the list of work enumerated in Section 9.58.020(B).
B.
Criteria for Issuance of Application for Certificate of Administrative
Approval. The Landmarks Commission Secretary, or the Landmarks Commission on appeal, shall issue a certificate of administrative approval for projects in the District if the Secretary or Commission finds that the project is included within the list of work enumerated in Section 9.58.020(C); that the project is not detrimental to the character of the structure; and that the project does not detract from the integrity of the District.
C.
Criteria for Issuance of Application for Certificate of Appropriateness. The Landmarks Commission, or the City Council on appeal, shall issue a certificate of appropriateness for projects in the District if it finds that the project is included within the list of work enumerated in Section 9.58.020(D), and it makes a determination in accordance with any one or more, as appropriate, of the following criteria, which shall be in lieu of those otherwise required by Section 9.56.140:
1.
That
in the case of any proposed alteration, restoration, construction,
removal or relocation, in whole or in part of or to a contributing
building or structure within the District, the proposed work would
not be incompatible with the exterior features of other contributing
improvements within the District, not adversely affect the character
of the District, and not be inconsistent with any design guidelines
and standards that may be developed and adopted by the Landmarks Commission
specifically for the District.
2.
That
in the case of any proposed alteration, restoration, construction,
removal or relocation, in whole or in part, of or to a contributing
building or structure within the District, the proposed work would
not adversely affect any exterior feature of the historic structure.
3.
That
in the case of any proposed work to a noncontributing building or
structure within the District reasonable effort has been made to produce
compatibility with the District character as set forth in Section
9.36.290, and with the scale, materials and massing of the contributing
structures within the District.
4.
That
in the case of any proposed construction of a new improvement on any
parcel located within the District boundaries, the exterior features
of such new improvement and its placement on the property would not
adversely affect and not be disharmonious with the District character
as set forth in Section 9.36.290, and with the scale, materials and
massing of the contributing structures within the District.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A.
Certificate of Exemption and Certificate of Administrative Approval.
1.
Application Process. An application for a certificate of exemption and certificate of administrative approval for a project in the District shall be filed only by the property owner or the property owner's authorized agent on a form supplied by the City. An application shall be deemed complete within thirty days after the Planning Division receives a substantially complete application together with all information, plans, specifications, statements of work, photographs of the affected area of the property, verification that notice of the pending application has been posted on the property, and other material and documents required by the application. If, within the specified time period, the Planning Divisions fails to advise the applicant in writing that his or her application is incomplete and to specify additional information required to complete that application, the application shall automatically be deemed complete. A public hearing shall not be required for issuance of a certificate of exemption or a certificate of administrative approval, but posting of the property pursuant to Section 9.58.040(A)(3) shall be required.
2.
Timing of Application. A certificate of exemption
for a project in the District approved by the Landmarks Commission
Secretary shall be required to be issued prior to issuance of any
building permit for the use or activity. A certificate of administrative
approval shall be required to be issued prior to issuance of any building
permit for, or commencement of, the use or activity.
3.
Posting of Property. Prior to filing an application
for a certificate of administrative approval for a project in the
District, the applicant shall post notice of the pending application
on the property in the manner set forth by the Zoning Administrator
in the application form supplied by the City. This notice must be
continuously posted while the application is pending. This requirement
shall not apply to applications for a certificate of exemption.
4.
Determination. The Landmarks Commission Secretary shall issue or deny a certificate of exemption or a certificate of administrative approval for a project in the District within thirty days of the application being deemed complete. For a certificate of administrative approval, the Landmark Commission Secretary shall post this determination on the property and the applicant shall ensure that the determination remains posted for the duration of the appeal period. The Landmarks Commission Secretary shall also post this determination on the City's website. The Landmarks Commission Secretary shall send a copy of the determination to all members of the Landmarks Commission and to the Committee created pursuant to Section 9.58.090 of this Chapter.
B.
Certificate of Appropriateness and Certificate of Economic Hardship.
1.
Application Process. An application for a certificate of appropriateness, or certificate of economic hardship for a project in the District shall be filed only by the property owner or the property owner's authorized agent on a form supplied by the City. A certificate of appropriateness and certificate of economic hardship shall be processed in accordance with Section 9.56.170(A) through 9.56.170(J), except that the applicant shall also be required to post notice of the pending application as provided in Section 9.58.040(B)(3), that notice of the public hearing shall be conducted as provided in Section 9.58.040(B)(4), and that the applicant must provide verification at the time of application that they have met with representatives of any Third Street Neighborhood Historic District neighborhood association as may exist.
2.
Timing of Application. A certificate of appropriateness
or certificate of economic hardship for a project in the District
approved by the Landmarks Commission shall be required to be issued
prior to issuance of any demolition permit, building permit for, or
commencement of, the use or activity.
3.
Posting of Property. Prior to filing an application
for a certificate of appropriateness, or certificate of economic hardship
for a project in the District, the applicant shall post notice of
the pending application on the property in the manner set forth by
the Zoning Administrator in the Application Form supplied by the City.
This notice must be continuously posted while the application is pending.
4.
Notification. Within ten days of deeming
an application for a certificate of appropriateness or certificate
of economic hardship complete, notice of the date, time, place, and
purpose of the public hearing shall be given by at least one publication
in a daily newspaper of general circulation shall be mailed to the
applicant, and to the residents and owners of all real property within
the Third Street Neighborhood Historic District, as well as to the
residents and owners of all real property within three hundred feet
of the exterior boundaries of the property involved. The notice shall
also be posted on the City's website. The public hearing for said
notice shall occur not less than ten days and no more than thirty-five
days after notice is given. The failure to send notice by mail to
any such real property owner where the address of such owner is not
a matter of public record shall not invalidate any proceedings in
connection with the proposed project. The Commission may also give
such other notice as it may deem desirable and practical.
5.
Determination. The Landmarks Commission shall issue its determination on a certificate of appropriateness or certificate of economic hardship for a project in the District in accordance with Section 9.56.170(E) through 9.56.170(G).
C.
Appeals. Appeals shall be processed according to the following
procedures:
1.
Certificate of Exemption. The approval, conditions
of approval, or denial of a certificate of exemption shall not be
appealable, except that upon the request of the applicant the Landmarks
Commission Secretary shall process any such denial as an application
for a certificate of administrative approval or certificate of appropriateness,
as appropriate. The applicant must comply with all rules and procedures,
including the payment of any applicable fees, governing the applicable
certificate.
2.
Certificate of Administrative Approval. The
approval, conditions of approval, or denial of a certificate of administrative
approval for a project in the District may be appealed to the Landmarks
Commission by any aggrieved person. Appeals must be filed within fourteen
days of the date the determination is posted on the property. A public
hearing before the Landmarks Commission shall be scheduled at the
next available regular meeting. Public notice of the appeal hearing
shall conform to the manner in which the original notice of application
was given. Notice of the appeal hearing shall also be posted on the
City's website.
3.
Certificate of Appropriateness and Certificate of Economic
Hardship. The approval, conditions of approval, or denial of an application for a certificate of appropriateness or certificate of economic hardship may be appealed to the City Council according to the procedures set forth in Section 9.56.180.
D.
Expiration of Approvals. Any certificate issued for a project
in the District pursuant to this Chapter shall expire of its own limitation
within a one-year time period commencing on the effective date of
the certificate if the work authorized is not commenced by the end
of such one-year time period. In addition, any certificate shall also
expire and become null and void if such work authorized is suspended
or abandoned for a one-hundred-eighty day time period after being
commenced.
E.
Effective Date of Decision. A decision on a project in the
District that is subject to appeal shall not become effective until
after the date the appeal period expires. A decision not subject to
appeal shall become effective upon issuance.
F.
Extension of Approvals. The Landmarks Commission may, by resolution,
for good cause, extend the time period for exercising a certificate
of exemption, a certificate of administrative approval, certificate
of appropriateness or certificate of economic hardship for a project
in the District for a period of up to one hundred and eighty days
upon such terms and conditions as the Commission deems appropriate.
Such extended certificate shall expire if the work authorized by the
extension is not commenced by the end of the extension period.
G.
Resubmittal of an Application. Notwithstanding Section 9.56.170(K), whenever an application for a certificate of exemption or certificate of administrative approval, for a project in the District has been deemed disapproved by the Landmarks Commission Secretary or by the Landmarks Commission on appeal, or whenever an application for a certificate of appropriateness or certificate of economic hardship for a project in the District has been deemed disapproved by the Landmarks Commission or by the City Council on appeal, no application which is substantially the same may be resubmitted to or reconsidered by the Landmarks Commission Secretary, Landmarks Commission or City Council for a period of twelve months from the date of the effective date of the final action. However, any such certificate application may be refiled at any time during the twelve-month period provided that the applicant submits significant additional information which was not and could not have been submitted with the previous application. The refiled application shall be processed in the same manner as the original application.
H.
Fees. The City Council may by resolution establish fees for
any application or appeal permitted by this Chapter. Members of the
Landmarks Commission shall not be required to pay a fee when filing
an appeal of the determination for a certificate of administrative
approval or certificate of appropriateness. No fee shall be required
for a certificate of exemption and a certificate of administrative
approval.
I.
Other City Approvals. In connection with any project that
requires a certificate of exemption, certificate of administrative
approval, certificate of appropriateness, or certificate of economic
hardship under this Chapter, any approval of such project by any other
City body, board, commission or officer shall be conditioned on obtaining
the necessary approval pursuant to this Chapter.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A.
Contributing Structures. The demolition of contributing structures
located within the District shall only be permitted upon issuance
of a certificate pursuant to paragraphs (1) or (2) below:
1.
The
Landmarks Commission's issuance of a certificate of appropriateness
based upon all of the following findings:
a.
That the structure does not embody distinguishing architectural characteristic
valuable to a study of a period, style, method of construction or
the use of indigenous materials or craftsmanship and does not display
such aesthetic or artistic quality that it would not reasonably meet
the criteria for designation as one of the following: National Historic
Landmark, National Register of Historic Places, California Registered
Historical Landmark, or California Point of Historical Interest.
b.
That the conversion of the structure into a new use permitted by
right under current zoning or with a conditional use permit, rehabilitation,
or some other alternative for preserving the structure, including
relocation within the District boundaries is not feasible.
c.
That the removal of the structure from the District will not result
in a loss of the District's historic integrity.
B.
Noncontributing Structures. The demolition of noncontributing structures located within the District shall be permitted only upon compliance with the procedures set forth in Chapter 9.25.
C.
Demolition Permit Order of Review. Whenever a project is proposed
for a structure or site within the District boundaries that involves
the demolition of a contributing structure and will require the review,
approval or issuance of any Zoning Conformance Review permit, conditional
use permit, development review permit, tentative parcel map, tentative
tract map or building permit the applicant must first obtain either
a certificate of appropriateness or a certificate of economic hardship
from the Landmarks Commission to permit such demolition.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
All structures located within the boundaries of the District
shall be excluded from any City architectural review district, and
be exempt from Architectural Review Board approval.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A.
The
Secretary of the Interior's Standards for Rehabilitation and Guidelines
for Rehabilitating Historic Buildings may be used by the Landmarks
Commission and Landmarks Commission Secretary to assist in its evaluation
of proposed projects within the District. The Secretary's Guidelines,
however, shall not be considered dispositive with respect to any project
or determination on any certificate required for work in the District.
B.
The
Landmarks Commission shall adopt design guidelines for the District
within one hundred eighty days of the date of adoption of this Chapter.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
Every property owner of a structure within the District shall
have the duty of keeping in good repair all exterior features of the
District structure, and all interior features thereof which, if not
so maintained, may cause or tend to cause the exterior features of
the Historic District structure to deteriorate, decay or become damaged,
or otherwise to fall into a state of disrepair. Any property owner
who fails to comply with this Section shall be given written notice
by the City of the violation of this Section and shall within sixty
days of receipt of written notice from the City bring the property
into compliance with this Section.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
The Landmarks Commission, within ninety days of the date of
adoption of this Chapter, shall adopt a resolution establishing an
ongoing process to ensure citizen participation in the proceedings
under this Chapter. The resolution shall include:
A.
A committee
established by and reporting to the Landmarks Commission consisting
of at least one member of the Landmarks Commission and 2 members of
the public residing within the District.
B.
Distribution to the Committee of all applications for certificates of appropriateness filed under this Chapter, all determinations and appeals concerning certificates of administrative approval, and any pending conceptual review proceeding pursuant to Section 9.58.100.
C.
Procedures
by which the Committee shall make recommendations to the Landmarks
Commission concerning applications filed under this Chapter.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
Any project that requires a certificate of appropriateness pursuant
to this Chapter and also requires discretionary review by the Planning
Commission shall be reviewed in concept by the Landmarks Commission
before the review by the Planning Commission. Following such conceptual
review, the Landmarks Commission shall transmit the results of its
deliberations to the Planning Commission. The Planning Commission
in its deliberations shall consider the comments of the Landmarks
Commission.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
The Landmarks Commission shall prepare a landscape survey within
one hundred eighty days of the date of adoption of this Chapter. The
landscape survey shall survey the mature trees within the District.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
