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:
Certificate of administrative approval.
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).
Certificate of appropriateness.
A certificate issued for a project in the Third Street Neighborhood Historic District pursuant to Section 9.58.030(C).
Certificate of exemption.
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).
Contributing structures.
All structures located within the Third Street Neighborhood Historic District boundaries that were constructed in 1935 or earlier.
District.
The Third Street Neighborhood Historic District.
Project.
Any alteration, restoration, construction, reconstruction, removal, relocation or demolition of a structure within the Third Street Neighborhood Historic District.
Third Street Neighborhood Historic District boundaries.
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.
Noncontributing structures and sites.
All structures located within the Third Street Neighborhood Historic District boundaries constructed after 1935 as well as vacant parcels.
Secretary of the Interior's standards for rehabilitation and guidelines for rehabilitating historic buildings.
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:
a. 
Roofing work, other than general maintenance.
b. 
Foundation work, other than general maintenance.
c. 
Chimney work, other than general maintenance.
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.
2. 
A certificate of administrative approval shall be required for the following work to contributing buildings within the District:
a. 
Roofing work, other than general maintenance.
b. 
Foundation work, other than general maintenance.
c. 
Chimney work, other than general maintenance.
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.
5. 
That the applicant has obtained a certificate of economic hardship in accordance with Section 9.56.160.
(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.
2. 
The Landmarks Commission's issuance of a certificate of economic hardship in accordance with Section 9.56.160.
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)