The provisions of this chapter, which constitute the city's
Cultural Heritage Preservation Ordinance, are adopted based on the
following findings by the Council.
A.
Threatened Structures and Sites. The Council has determined
that the character, history, and spirit of the city, state, and nation
are reflected in the historic structures, improvements, natural features,
objects, sites, and areas of significance located within the city
and that in the face of ever increasing pressures of modernization
and urbanization, cultural resources, cultural resource sites, and
historic districts located within the City are threatened with alteration,
demolition, or removal.
B.
Preservation of Structures and Sites. The Council has further
determined that these threatened structures, representing the City's
unique cultural, historical, and social foundations, should be preserved
as a living part of community life and development in order to build
a greater understanding of the city's past and to give future generations
the opportunity to appreciate, enjoy, and understand the city's rich
heritage.
C.
Methods of Preservation. Recognizing that the use of historic
preservation measures has become increasingly prevalent as a method
for identifying and preserving cultural resources, the city joins
with private concerns, the state, and the United States Congress to
develop methods of preserving the city's unique aesthetic, architectural,
cultural, and historical heritage, in compliance with the provisions
of the National Historic Preservation Act of 1966, as amended, and
state law (Government Code Section 37361).
(Ord. 01-594 § 2, 2001)
Given the findings above, the city has adopted this chapter,
which may be known as the "Cultural Heritage Preservation Ordinance."
The purpose of this chapter is to promote the public health, safety,
and general welfare by:
A.
Conserving
valuable material and energy resources by ongoing use and maintenance
of the existing built environment;
B.
Developing
and maintaining an appropriate setting and environment for cultural
resources, cultural resource sites, and historic districts;
C.
Encouraging
and facilitating public appreciation, knowledge, and understanding
of the city's historic past and unique sense of place;
D.
Encouraging
public participation in identifying and preserving architectural and
historic resources thereby increasing community pride in the city's
cultural heritage;
E.
Enhancing
property values and increasing economic and financial benefits to
the city and its inhabitants through the exploration of creative financial
incentives for preservation including the active nomination of National
Register properties and locally certified historic districts;
F.
Fostering
civic and neighborhood pride and a sense of identity based on the
recognition and use of cultural resources, cultural resource sites,
and historic districts;
G.
Identifying
cultural resources as early as possible and resolving conflicts between
the preservation of cultural resources and alternative land uses;
H.
Increasing
the economic benefits of preservation of cultural resources for the
city and its inhabitants;
I.
Integrating
the preservation of cultural resources, cultural resource sites, and
historic districts into public and private land use management and
development processes;
J.
Preserving
diverse architectural styles, patterns of development, and design
preferences reflecting phases of the city's history and encouraging
complementary contemporary design and construction and inspiring a
more livable urban environment;
K.
Promoting
the celebration, enjoyment, and use of cultural resources appropriate
for the education and recreation of the people of the city;
L.
Promoting
public awareness of the benefits of preservation;
M.
Protecting
and enhancing the city's attraction to tourists and visitors thereby
stimulating business and industry;
N.
Safeguarding
the city's unique cultural heritage as embodied and reflected in the
city's architectural and archaeological history, pre-history, and
patterns of cultural and historical development; and
O.
Stabilizing
neighborhoods through the preservation of cultural resources and cultural
resource sites and the establishment of historic districts.
(Ord. 01-594 § 2, 2001)
A.
This
chapter shall apply to all cultural resources within the city.
(Ord. 01-594 § 2, 2001)
The Historic Preservation Commission (HPC) shall serve as the review authority for all projects involving designated or potential cultural resources, all applications for certificates of appropriateness, all nominations and designations, all rehabilitation incentive applications, and in all public outreach or public information projects, except as indicated in Sections 19.58.070(B)(6) and 19.58.100(B)(4). All recommendations for designation of potential resources shall be forwarded to the Council for final decision. All other decisions of the HPC are final unless appealed to the Council, or unless a hearing and decision before the Planning Commission is otherwise required. HPC review shall be completed prior to the review and approval of project permits related to the historical significance of the building's use or appearance. Other duties of the HPC, in compliance with Section 2.40.100 of the West Hollywood Municipal Code, include:
A.
Periodically
updating the city's Historic Resources Survey;
B.
Recommending to the Council, in compliance with Section 19.58.050, the designation of cultural resources, including structures, portions of structures, improvements, natural features, landmarks, sites, objects, historic districts, multiple resource or thematic groupings of structures sharing common characteristics or uses;
C.
Maintaining
a local public register of cultural resources, historic districts
and sites within the city, including all information required for
each designation;
D.
Preparing
prescriptive standards and design guidelines to be used in reviewing
applications for permits to construct, alter, remodel, relocate, enlarge,
remove, or demolish any cultural resource, or structure within a historic
district, or conservation zone. These guidelines shall be based upon
the Secretary of the Interior's Standards for Rehabilitation;
E.
Issuing
certificates of appropriateness to alter, construct, remodel, relocate,
enlarge, remove, or demolish cultural resources or structures within
a historic district where authorized by this chapter;
F.
Reviewing
and commenting upon the conduct of land use, housing and redevelopment,
municipal improvement, and other types of planning and governmental
programs undertaken by any agency of the city, the county, state,
or federal government as they relate to the cultural resources of
the community;
G.
Maintaining
certified local government status and actively pursuing the designation
of local certified historic districts and National Register nominations
to enable property owners to make use of federal tax incentives. Investigating
and making recommendations to the Council on the use of other various
federal, state, local or private funding sources and mechanisms available
to promote cultural resource preservation in the city;
H.
Reviewing
all applications for permits, environmental assessments, environmental
impact reports, environmental impact statements, and other similar
documents pertaining to designated and potential cultural resources,
or related neighboring property within public view. "Neighboring properties
within public view" shall mean any property that can be seen from
a public right-of-way and which is within the same street block (on
either side of the street) as a cultural resource. The Planning and
Development Services Department staff shall forward all these documents
to the HPC for review and comment, before review and approval by the
HPC, as appropriate. The review may either be under the auspices of
a certificate of appropriateness or as a HPC consideration item on
the HPC agenda;
I.
Reviewing
the actions and proposed actions, and advising environmental review
processes, of all city departments, and public agencies, and their
agents and employees, concerning the effects of their actions, programs,
capital improvements, or activities on designated and potential cultural
resources;
J.
Recommending
to the Planning and Development Services Department the retaining
of consultants and qualified archaeologists when potential archaeological
resources are involved and the conducting of studies as the HPC deems
desirable or necessary;
K.
Cooperating
with local, county, state and federal governments in pursuit of cultural
resource preservation objectives;
L.
Rendering
advice and guidance on the restoration, alteration, remodeling, enlargement,
removal, decoration, landscaping, or maintenance of any cultural resource,
or historic district;
M.
Rendering
advice and guidance on procedures for inclusion of a cultural resource
on the National Register of Historic Places;
N.
Participating
in, promoting and conducting public information, education, and interpretation
programs pertaining to cultural resources preservation;
O.
Conferring
recognition upon the owners of cultural resources or of property within
historic districts by means of certificates, plaques or markers and
from time to time, recommending that the Council issue commendations
to owners of cultural resources who have rehabilitated their property
in an exemplary manner;
P.
Advising
the Council on the maintenance and operation of cultural resources
and historic districts under the city's ownership and control, and
overseeing compliance with façade easements on these properties;
Q.
Assuming
responsibilities and duties which may be assigned to the city by the
state under the Certified Local Government provisions of the Natural
Historic Preservation Act of 1966, as amended;
R.
Undertaking
any other action or activity necessary or appropriate to the implementation
of its powers and duties or to fulfill the objectives of cultural
resource preservation; and
S.
Assisting
private individuals or private or non-profit organizations with a
desire to restore, preserve, maintain, and operate a property listed
on the Register of Cultural Resources to purchase the property from
an existing owner unable to restore, preserve, maintain, and operate
the property as a cultural resource.
(Ord. 01-594 § 2, 2001; Ord. 02-643 § 47, 2003; Ord. 03-663 § 4, 2003; Ord. 19-1058 §§ 193, 194,
2019)
The Historic Preservation Commission may approve a nomination application for and recommend designation of, and the Council may designate a cultural resource, or any portion thereof (both interior and exterior) or historic district in compliance with Sections 19.58.060 (Designation of Historic Districts) and 19.58.070 (Review and Approval of Designations) below if it finds that the cultural resource meets one or more of the following criteria.
A.
Exemplifies Special Elements of the City. It exemplifies
or reflects special elements of the city's aesthetic, architectural,
cultural, economic, engineering, political, natural, or social history
and possesses an integrity of design, location, materials, setting,
workmanship feeling, and association in the following manner:
1.
It
embodies distinctive characteristics of a period, method, style, or
type of construction, or is a valuable example of the use of indigenous
materials or craftsmanship; or
2.
It
contributes to the significance of a historic area by being:
3.
It
reflects significant geographical patterns, including those associated
with different eras of growth and settlement, particular transportation
modes, or distinctive examples of community or park planning; or
4.
It
embodies elements of architectural design, craftsmanship, detail,
or materials that represent a significant structural or architectural
achievement or innovation; or
5.
It
has a unique location or singular physical characteristic or is a
view or vista representing an established and familiar visual feature
of a neighborhood, community, or the city; or
B.
Example of Distinguishing Characteristics. It is one of
the few remaining examples in the city, region, state or nation, possessing
distinguishing characteristics of an architectural or historical type
or specimen; or
C.
Identified with Persons or Events. It is identified with
persons or events significant in local, state, or national history;
or
D.
Notable Work. It is representative of the work of a notable
architect, builder, or designer.
(Ord. 01-594 § 2, 2001; Ord. 02-643 § 48, 2003; Ord. 03-663 § 4, 2003)
Except as outlined below, the criteria and procedure for designating a historic district shall be the same as for designating individual cultural resources as in Section 19.58.070 (Review and Approval of Designations).
A.
Historic Resources Survey. As part of the nomination for
designating a historic district, a historic resources survey shall
be prepared identifying all contributing resources and non-contributing
resources. If not otherwise designated, all cultural resources listed
in a designated historical district will be considered "contributing."
The survey may also identify contributing landscaping, natural features
or sites. The survey shall be reviewed in accordance to the designation
procedures listed below. The survey shall identify the manner in which
the proposed district possesses a significant concentration, linkage,
or continuity of sites, buildings, structures or objects united historically
or aesthetically by plan or physical development within the period
of significance and within the context of the district.
B.
Finding of Contribution. Each cultural resource within a
proposed historic district must be identified as a contributing resource.
If a resource is individually designated, it is then automatically
considered a contributing resource within the district that includes
it.
(Ord. 01-594 § 2, 2001; Ord. 02-643 § 49, 2003)
A.
Application.
1.
An
application requesting designation may be submitted as follows:
a.
Any person or group may submit an application requesting the designation
of an area, improvement, natural feature, object, or structure as
a cultural resource or historic district by submitting a completed
written nomination statement for the designation to the Planning and
Development Services Department. Applications are not limited to buildings
previously identified in the historic resource inventory.
b.
The City Council or the HPC may initiate designation proceedings by resolution containing sufficient documentation and information to indicate how the nominated resource meets the designation criteria identified in Section 19.58.050 (Criteria for Designation of Cultural Resources).
c.
No applications will be accepted or proceeding initiated for any
properties for which a complete development permit application has
been accepted as complete by the city.
2.
The
application for nomination shall be kept on file in the Planning and
Development Services Department and shall contain, at a minimum, the
following:
a.
Application form;
b.
Legal description of the location of the nominated resource;
c.
Photograph(s) of the resource;
d.
Statement of the qualities and characteristics of the resource which
supports the findings for designation; and
e.
Other documentation which shall be attached, if available, are copies
of architectural drawings, copies of historical descriptions or accounts
of the resource and its cultural significance including articles,
artifacts, correspondence, newspaper articles, periodicals, and written
testimony from an architect, archivist; or historian in support of
the application.
3.
A
particular potential cultural resource may be evaluated by the city
only once in any 10-year period in any context, as either an individual
resource or as part of a district, unless the nomination statement
or application is filed by the current owner of the property.
4.
The City Council or HPC may at any time, on its own initiative, reconsider a designation or non-designation decision in any particular case where material new information, which was not discovered through the exercise of due diligence at the time of the original decision has been uncovered, or when the Council or HPC discovers that the information upon which it made its determination regarding designation was false. Wherever applicable, this process shall follow the nomination process outlined in Sections 19.58.050, 19.58.060 and this section. (See also Section 19.58.080, Removal of Designated Resources from Local Register).
B.
Notice and Hearing.
1.
Notification
that an application for the nomination of a particular property or
area has been submitted shall be sent to the property owner(s) and
occupant(s) of the property within 10 days of the Planning and Development
Services Department's finding the completed nomination application
complete.
2.
Notification
of the HPC's decision either to recommend nomination of a potential
cultural resource, in compliance with the application process or on
its own initiative, or to deny a recommendation for nomination shall
be mailed or hand delivered to the property owner(s) and occupant(s)
of the potential cultural resource within 10 days of the HPC's public
date of decision.
3.
The
Planning and Development Services Department shall determine whether
the nomination application is complete. If complete, the application
shall be filed and the time for notification shall begin to run. If
the Planning and Development Services Department determines that the
application papers are incomplete, the Planning and Development Services
Department shall send a letter, notifying the applicant and specifying
the documentation which would be necessary to complete the application
for filing. A nomination application shall not be considered filed
unless and until it is determined to be complete by the Planning and
Development Services Department.
4.
Once
a resource has been nominated for designation, a public hearing to
consider possible designation of the resource shall be conducted.
The applicant and the property owner(s) and occupant(s) of the nominated
resource shall be notified of the public hearing to consider the designation
by mail at least 10 days before the hearing date and may submit testimony
to the HPC. A public notice shall be published in a newspaper of general
circulation within the city not less than 10 days before the hearing.
5.
The HPC shall either recommend designation of the cultural resource or recommend denial of the designation, in whole or in part, to the Council. The HPC may evaluate any nominated resource as either an individual designation or a potential contributor to a district before rendering a recommendation on the resource. If the HPC recommendation is appealed, the appeal must be filed in the office of the City Clerk within 10 days following the date of the HPC's public action on the designation in compliance with Chapter 19.74 (Public Hearings and Notice).
6.
The
HPC recommendation statement or resolution recommending designation
of a cultural resource or historic district may be placed on the Council's
consent calendar for approval unless an appeal is filed, in which
case, the appeal will be heard at a regularly scheduled public hearing.
7.
Failure
to send any notice by mail or hand delivery to any property owners
where the address of the owner is not a matter of public record shall
not invalidate any proceedings in connection with the proposed designation.
The HPC and Council may also give other notices, as they may deem
desirable and practicable.
8.
Once
a designation is approved, the Council shall adopt a resolution designating
the cultural resource or historic district, or denying its designation,
and the reasons therefor. If the cultural resource or historic district
is designated, it shall be placed on the local register. Any resolution
approving a designation shall be forwarded to the State Office of
Historic Preservation.
C.
Permits Pending Review. The city may not issuance any building
or planning permits on any structure, improvement, natural area or
district for which a complete nomination form has been accepted. Once
the Council makes a final determination on the application, building
and planning permits may be issued in accordance with this chapter.
D.
Active Permits. Any active permits on any structure, improvement,
natural area, or district for which a complete nomination form has
been accepted shall be placed on hold until the time that the nomination
process has been completed. Once the Council makes a final determination
on the application, building and planning permits placed on hold may
be reactivated in accordance with this chapter.
E.
Recordation. Designations shall be recorded with the County
of Los Angeles, Department of Deeds.
F.
Local Register. The HPC shall maintain a local register
of all city-designated cultural resources and historic districts.
Copies of the register shall be sent to all city departments for reference
and shall be updated regularly to coordinate the preservation of cultural
resources within the city.
(Ord. 01-594 § 2, 2001; Ord. 02-643 § 50, 2003; Ord. 03-663 § 4, 2003; Ord. 03-671 § 1, 2003; Ord. 09-817 §§ 5, 6, 2009; Ord. 19-1058 §§ 195 –
198, 2019)
A.
A designated
local resource may only be removed from the Local Register in the
following cases:
1.
In
cases of demolition as approved by a certificate of appropriateness;
or
2.
After five years of being designated, the property owner may submit a "de-nomination statement," outlining reasons for removal from the register. The de-nomination request shall be processed in compliance with the procedure for nomination listed above (Section 19.58.070(B)). The de-nomination statement must provide written proof and documentation that the findings used to designate the structure were largely in error, or that new information is discovered, material to the decision to designate a cultural resource, which was not discovered through the exercise of due diligence at the time of the original designation; or
3.
In compliance with Section 19.58.070(B)(6), above.
B.
If
delisting a designated resource is proposed, the lead agency shall
conduct environmental review in compliance with the State guidelines
for the implementation of the California Environmental Quality Act
(CEQA) as they relate to historic resources.
(Ord. 01-594 § 2, 2001)
A.
Purpose. A certificate of appropriateness is intended to protect structures, improvements, natural features, objects, and areas of architectural, cultural, economic, historic, political, and social importance from any alteration, demolition, or removal which would have an adverse effect thereon. For demolition requests, see Section 19.58.110 (Certificates of appropriateness for proposed demolition).
B.
Applicability. A certificate of appropriateness is required
for the alteration, demolition, or removal of any individual cultural
resource or any contributing cultural resource within a historic district,
and for any alteration, demolition, or removal of any potential cultural
resource, by the city, any agent of the city, or a private party.
A certificate of appropriateness shall be required:
1.
In
addition to any other permits to regulate land uses or square footage
additions as required by this Zoning Ordinance, but in lieu of any
permits to regulate physical alteration of the cultural resources;
and
2.
Shall
accompany any permit or any work otherwise altering the architectural
features or appearance of the resource.
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An "alteration" shall mean any act or process, through private
or public action, that changes the specified character defining or
significant physical features or architectural appearance of a cultural
resource, including the reconstruction, new construction additions,
repair, restoration, rehabilitation, replacement or removal of any
resource.
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These changes include modification of a structure, architectural
detail or visual characteristic (e.g., grading, paint color, surface
texture), surface paving, the addition of new structures, the cutting
or removal of trees, landscaping and other natural features, the disturbance
of archaeological sites or areas, and the placement or removal of
any significant objects (e.g., fences, landscaping and accessories,
light fixtures, plaques, signs, steps, street furniture, and walls)
affecting the significant visual or historical qualities of the property.
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When approving a certificate of appropriateness, the HPC may
permit a waiver of development standards for designated cultural resources
only.
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C.
Application Filing. Applications for Certificates of Appropriateness
shall be filed with the Planning and Development Services Department.
Applications shall include plans and specifications showing the proposed
change in architectural appearance, color and texture of materials,
the proposed architectural design of the structure, and any information
as required by the application on file in the Planning and Development
Services Department. The application shall also show the relationship
of the proposed work to the surrounding environs. Applications for
Certificates of Appropriateness may propose discreet alterations of
a cultural resource or may propose a long-term plan of rehabilitation
and preservation of a particular resource.
D.
Application for Demolition. Applications for demolition of a cultural resource, a structure within a historic district and for new construction on the cultural resource property shall include plans and specifications for the proposed new structure or addition and shall include information pertaining to landscaping, massing, relationship to site and streetscape, scale, and signs. The application shall be accompanied by any other information that the HPC determines is required for it to make an informed judgment of the proposed work in compliance with Section 19.58.150(E) (Findings for rehabilitation incentives) and Section 19.58.110 (Certificate of appropriateness for proposed demolition).
E.
Within Historic Districts. Both individual resources and
contributing resources are subject to all Certificates of Appropriateness
findings and requirements. Non-contributing resources are not subject
to the requirements of this section, but will be reviewed to ensure
that proposed development on the non-contributing property will not
degrade the historical character of the historic district. If non-contributing
resources are proposed to be demolished, the HPC shall review the
proposed project under a certificate of appropriateness to ensure
that the proposed development will not degrade the historical character
of the historic district.
F.
CEQA. The review and approval of a certificate of appropriateness
shall require environmental review in compliance with the state guidelines
for the implementation of the California Environmental Quality Act
(CEQA) as they relate to historic resources.
G.
Solar Panel Exemption. Notwithstanding subsection B of this section, a certificate of appropriateness is not required for the installation of a solar energy system, solar panels, or the appurtenant equipment and accessory features associated with solar energy systems, provided that the collectors are located in compliance with Section 19.20.170 (Solar Access and Solar Equipment).
(Ord. 01-594 § 2, 2001; Ord. 02-643 §§ 51, 52,
2003; Ord. 03-663 § 4,
2003; Ord. 08-794 § 10,
2008; Ord. 19-1058 § 199,
2019)
A.
Noticing. For every completed application for a certificate of appropriateness, the HPC shall schedule a public hearing as soon as practicable after receipt of the application. A Planning and Development Services Director-approved certificate of appropriateness as authorized in subsection (B)(4), below, shall be received and approved in compliance with the process for administration of permits in Section 19.44.040. Notice shall be given as follows:
1.
A
notice shall be mailed to the property owner of record at least 10
days prior to the public hearing;
2.
Notice
to occupants shall be given either by mailing a notice or by posting
an 8½″ by 11″ notice at the primary structure
entrance or at the lobby elevators, whichever is more appropriate.
This notice shall be mailed or posted on the site 10 days prior to
the public hearing. Notice is to occupants of the site under review
only; and
3.
Notice
in cases involving proposed demolition shall be given in the following
manner:
a.
Notice shall be given by means of a one-quarter page advertisement
in a newspaper of general circulation in the city,
b.
A notice shall be mailed to the property owner of record, and
c.
Notice to occupants of the proposed site shall be given either by
mailing a notice or by posting an 8½″ by 11″
notice at the primary structure's entrance or at the lobby elevators,
whichever is more appropriate.
B.
Review and Approval Procedures.
1.
In
all cases where the proposed alteration, demolition, or removal would
otherwise require Planning Commission approval, the HPC may recommend
approval or denial, in whole or in part, of the application in writing.
The HPC's recommendation shall include findings of fact relating to
the criteria for obtaining the certificate and that constitute the
basis for its recommendation. The HPC shall adopt its recommendation
by resolution and send it to the Planning Commission at the Commission
meeting held to consider the proposal.
The Planning Commission shall have final authority to approve or deny, in whole or in part, the recommendation of the Historic Preservation Commission. The certificate may be approved in conjunction with a project which requires a development permit from the Planning Commission. Notice of the Planning Commission's decision shall be sent to the applicant, owner(s) and occupant(s) of the property within two business days of the Commission's date of public action, and any appeal therefrom shall be made in compliance with Chapter 19.74 (Public Hearings and Notice).
2.
In all other cases, the HPC's decision to approve or deny, in whole or in part, the issuance of a certificate of appropriateness shall be final unless appealed to the Council. Any appeal shall be made in compliance with Chapter 19.76 (Appeals).
3.
In
evaluating applications for Certificates of Appropriateness, the HPC
or Planning and Development Services Director shall use any adopted
design guidelines, CEQA Guidelines, and the Secretary of the Interior's
Standards for Rehabilitation and shall consider the factors (e.g.,
the existing and proposed architectural style, arrangement, color,
design, materials, and texture to be used) with regard to the original
distinguishing architectural characteristics of the cultural resource.
In addition, the Planning and Development Services Director may require
that the proposed work be reviewed by a preservation architect. The
actual work must be completed by a preservation contractor or someone
with demonstrated expertise in the field.
4.
The Planning and Development Services Director may approve Certificates of Appropriateness for proposals which are for minor architectural elements and details, paint or other colorings or finishes, minor site improvements, or signage. Planning and Development Services Director approval of a certificate of appropriateness shall require making all of the certificate of appropriateness findings in subsection (D), but does not require a public hearing or public notice. The Planning and Development Services Director may also approve fences, replacement of window glass, replacement in-kind of windows, doors, roofs, or exterior materials, or proposals which are determined by the Planning and Development Services Director to be ordinary maintenance or repair, and which are conducted in a manner that preserves the archaeological, cultural, and historic value of the cultural resource through conformance with the prescriptive standards adopted by the Historic Preservation Commission for that cultural resource, cultural resource property, or historic district and/or the guidelines of the Secretary of the Interior's Standards for Rehabilitation. Minor changes or modifications to a certificate of appropriateness can be approved by the Planning and Development Services Director, even if the Planning and Development Services Director was not the approving body. The Planning and Development Services Director may refer any certificate of appropriateness application to the HPC.
5.
Wherever
feasible, the State Historic Building Code (SHBC) and the Uniform
Code for Building Conservation (UCBC) shall be used in permitting
any alteration to a cultural resource.
C.
Investigation for Certificates of Appropriateness. The HPC
or the Planning and Development Services Director shall be authorized
to require the applicant to furnish material evidence, as needed,
supporting the request for alteration, demolition, or removal of a
cultural resource or to give testimony and furnish evidence of any
or all of the following, where appropriate:
1.
Cost
estimates of the proposed alteration, construction, demolition, or
removal, and an estimate of the cost(s) that would be incurred to
comply with the recommendations of the HPC for the issuance of a certificate
of appropriateness;
2.
A
written report from a licensed structural engineer with experience
and expertise of historic structures in rehabilitation as to the structural
soundness of any structures on the property and their suitability
for rehabilitation;
3.
Estimated
market value of the property in its current condition and estimated
market value after completion of the proposed alteration, construction,
demolition, or removal as compared with any changes recommended by
the HPC;
4.
In
the case of a proposed demolition, an estimate from an appraiser,
architect, developer, real estate consultant, or other real estate
professional experienced in rehabilitation as to the economic feasibility
of rehabilitation or adaptive reuse of the existing structure on the
property and its market value for continued use after rehabilitation;
5.
For
income-producing properties, information on annual gross income, current
assessed property valuations, current property value appraisals, depreciation,
reductions, and annual cash flow after debt service, operating and
maintenance expenses, real estate taxes, and other information considered
necessary by the HPC to determine whether substantial evidence of
economic hardship exists;
6.
Remaining
balance on any mortgage or other financing secured by the property
for the previous two years;
7.
All
appraisals obtained within the previous two years by the owner(s)
or applicant in connection with the financing, ownership, or purchase
of the subject property;
8.
Amount
paid for the property, the date of purchase, and the party from whom
purchased, including a description of the relationship, if any, between
the owner of record or applicant and the person from whom the property
was purchased, and any terms of financing between the seller and buyer.
Additionally, any listing of the property for sale or rent, price(s)
asked and offer(s) received, if any, within the previous two years;
9.
Assessed
value of the property according to the two most recent assessments;
10.
Real estate taxes for the previous two years;
11.
Form of ownership or operation of the property, whether sole proprietorship,
for-profit or nonprofit corporation, limited partnership, joint venture,
or other;
12.
Other information including the income tax bracket of the owner(s),
applicant, or principal investor(s) in the property considered necessary
by the HPC or HPC for a determination as to whether the property does
yield or may yield a reasonable return to the owner(s); and
D.
Findings for Certificate of Appropriateness.
1.
Alterations,
Generally. A certificate of appropriateness shall be issued for a
proposed alteration only if the review authority first finds that:
a.
The proposed work will neither adversely affect the significant architectural
features of the cultural resource nor adversely affect the character
or historic, architectural, aesthetic interest, or value of the cultural
resource and its site; and
b.
The proposed work conforms to the prescriptive standards and design
guidelines, if any, prepared by the Historic Preservation Commission
for the particular resource, and to the Secretary of the Interior's
Standards for Rehabilitation, and does not adversely affect the character
of the cultural resource; and
c.
In the case of construction of a new improvement upon a cultural
resource property, the use and design of the improvement shall not
adversely affect, and shall be compatible with, the use and design
of existing cultural resources within the same historic district;
and
d.
Wherever feasible, the alteration takes full advantage of the State
Historic Building Code and Uniform Code for Building Conservation.
2.
Alterations
Found Not to be Adverse. The effect of alteration on a cultural resource
that would otherwise be found to be adverse may be considered not
adverse for the purpose of this section when the alteration is:
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Limited to the rehabilitation or restoration of improvements;
and
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Conducted in a manner that preserves the archaeological, cultural,
and historic value of the cultural resource through conformance with
the prescriptive standards adopted by the HPC for that cultural resource,
cultural resource property, or historic district, and the guidelines
of the Secretary of the Interior's Standards for Rehabilitation.
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E.
Conditions for Certificate of Appropriateness. The review
authority may approve a certificate of appropriateness subject to
any condition deemed necessary or desirable to effect the purposes
of this chapter. The conditions shall be covenants running with the
land.
In approving or denying the certificate in whole or in part,
the HPC may impose additional or different conditions to ensure that
the purposes of this chapter shall be achieved. If the conditions
imposed by the Commission (in cases where Commission review is required)
conflict with the conditions imposed by the Historic Preservation
Commission, the matter shall be referred back to the Historic Preservation
Commission in order to resolve the conflict. In this case, the Historic
Preservation Commission shall hear the matter as soon as is practical,
and the Commission shall again consider the matter following the Historic
Preservation Commission meeting.
F.
Period of Validity of Certificate of Appropriateness. A
certificate of appropriateness shall become void unless construction
is commenced within 24 months from the date of public action approving
the certificate. Certificates of Appropriateness may be renewed for
a 24-month period by applying to the Planning and Development Services
Department a minimum of 30 days before the expiration of the certificate.
The review authority may grant an extension for another 24-month period.
A certificate of appropriateness may be extended only twice. A new
certificate of appropriateness is required thereafter.
(Ord. 01-594 § 2, 2001; Ord. 02-643 §§ 53 –
55, 2003; Ord. 03-663 § 4,
2003; Ord. 19-1058 §§ 200
– 203, 2019)
The following requirements shall apply in cases involving proposed
demolition, in addition to all other applicable provisions of this
chapter.
A.
Demolition, Generally. Notwithstanding the adverse effect
thereon, the HPC when recommending approval or conditional approval
of a certificate of appropriateness to the approval authority for
a demolition of a cultural resource, shall only do so when all of
the following findings are made in a positive manner:
1.
The
cultural resource cannot be remodeled, rehabilitated or re-used in
a manner which would allow a reasonable use;
2.
Denial
of the application will diminish the value of the subject property
so as to leave substantially no value;
3.
The
cultural resource cannot be remodeled, rehabilitated, or re-used in
a manner that would allow a reasonable rate of return; and
4.
The applicant demonstrated that all means involving city-sponsored incentives (e.g., financial assistance, grants, loans, reimbursements, tax abatements, and changes in the Zoning Map or Zoning Ordinance), as well as the possibility of a change of use or adaptive reuse in compliance with Section 19.58.150(E)(5)(b) (Change of Use or Adaptive Reuse), above have been explored to relieve possible economic hardship, and further, that all other means for alleviating economic hardship, including state or federal tax credits, grants to subsidize the preservation of the property, have been exhausted and have failed to alleviate the hardship.
B.
Demolition - Justifiable Hardships. Personal, family or
financial difficulties, loss of prospective profits and Building Code
violations are not justifiable hardships.
C.
Demolition - Reasonable Rate of Return. In determining reasonable
rate of return, the HPC shall not consider debt service arising from
the acquisition of properties, or any increase in debt service resulting
from the refinancing of properties listed on the city's Historic Resources
Inventory occurring after January 4, 1988.
For any properties included on the city's Historic Resources
Inventory, the city's consideration of means of historic preservation
had begun and was well known, and property owners had reason to know
that the city would enact a historic preservation ordinance. Further,
on January 4, 1988 the Council adopted a six-month moratorium on demolition
of properties listed in the Inventory.
For any properties not included in the Inventory, the HPC shall
not consider debt service resulting from the acquisition, or any increase
in debt service resulting from the refinancing, of properties once
the properties are nominated as cultural resources.
D.
Demolition - Alternative Plan to Relieve Economic Hardship. The HPC shall recommend the development and adoption of a plan in
order to relieve economic hardship and to allow the applicant a reasonable
use of and economic return from the property or otherwise preserve
the subject property. If the HPC has found that without approval of
the demolition, the property cannot be put to a reasonable economic
return, and all of the findings and requirements of this section have
been met, then the HPC shall recommend the issuance of a certificate
of appropriateness approving the proposed demolition. If the demolition
is to occur in a historic district, approval of alternative plans
and specifications for constructing the new improvements shall require
approval by the HPC.
If the HPC finds otherwise, or that any of the aforementioned incentives can be used to avoid economic hardship, it shall recommend issuance of a certificate of appropriateness only based upon the findings identified in Section 19.58.100(D) (Findings for Certificates of Appropriateness), utilizing the applicable incentives to ensure that the cultural resource is rehabilitated.
E.
Effect of Demolition. If approval of a certificate of appropriateness
will result in the demolition of a cultural resource, the applicant
shall be required to memorialize the resource proposed for demolition
in compliance with the standards of the Historic American Building
Survey. The documentation may include an archaeological survey, floor
plans, measured drawings, photographs, or other documentation specified
by the HPC.
When appropriate, the HPC may require that a memorialization
of the resource be incorporated into the proposed redevelopment of
the site including the following:
F.
HPC Recommendation. In all cases where the proposed demolition
or removal would otherwise require Commission approval, the HPC may
recommend approval or denial, in whole or in part, of the application
in writing. The HPC's recommendation shall include findings of fact
relating to the criteria for obtaining the certificate and that constitute
the basis for its recommendation. The HPC shall adopt its recommendation
by resolution and send it to the Commission at the Commission meeting
held to consider the proposal.
The final approval authority shall approve or deny, in whole or in part, the recommendation of the Historic Preservation Commission regarding demolitions. The certificate to demolish may only be approved in conjunction with a project for which other approvals are required. A certificate of appropriateness to demolish a cultural resource may not be issued for any building for which there is no project proposed and thereafter approved; demolition of a cultural resource requires concurrent processing and approval in compliance with Section 19.50.040 (Concurrent Processing of Permits).
(Ord. 01-594 § 2, 2001; Ord. 02-643 § 56, 2003; Ord. 03-663 § 4, 2003)
A certificate of appropriateness is required to alter, add to, repair, restore, reconstruct, demolish or replace a disaster-damaged cultural resource in compliance with the Municipal Code. (See also Section 19.58.100(B)(5) and Section 19.58.170.)
(Ord. 01-594 § 2, 2001; Ord. 02-643 § 57, 2003)
Where the Commission approves a certificate of appropriateness
for the alteration to a cultural resource in compliance with a long-term
development plan or prescriptive guidelines, and where the plan or
guidelines identifies particular development standards by which alterations
would be made, an application to do work in compliance with the approved
development standards may be approved by the Director without further
public hearing.
(Ord. 01-594 § 2, 2001)
The -H (Historic) and -NC (Neighborhood Conservation) overlay zoning districts are established by Article 19-2 of this Zoning Ordinance (Zoning Districts and Allowable Land Uses). See Sections 19.14.050 and 19.14.060, respectively.
(Ord. 01-594 § 2, 2001)
A.
Purpose. The rehabilitation incentives provided by this
section are intended to encourage the maintenance, preservation, and
rehabilitation of cultural resources in the city, based on a recognition
that maintaining and rehabilitating a cultural resource places increased
burdens on the property owner of the resource. These rehabilitation
incentives are intended to equalize those burdens so that property
owners will be encouraged to invest resources in maintaining the city's
cultural resources.
B.
Applicability. Upon designation of a structure or improvement
as a designated cultural resource, the property owner of the designated
resource may apply to the HPC for aid and assistance in rehabilitating
the designated resource. The application for rehabilitation incentives
is considered the necessary planning permit; the applicant need not
submit additional applications for other permits required by this
Zoning Ordinance.
C.
Types of Incentives Allowed. Rehabilitation incentives that
may be granted by the city include:
D.
Application Content. Applications shall include the following
information:
1.
The
property owner's name;
2.
The
address of the cultural resource;
3.
The
structure or improvement designated;
4.
A
description of the specific rehabilitation incentive being requested;
5.
Detailed,
scaled drawings depicting the proposed project;
6.
A
plan for restoration or ongoing maintenance of the designated resource
prepared by a preservation architect, who is acceptable to the city;
7.
An
estimate of the cost of restoration or maintenance plan from a preservation
architect who is acceptable to the city;
8.
A
list of any funds granted by any agency, public or private, for the
purpose of restoration;
9.
A
statement regarding the availability of tax credits;
10.
A written statement complete with a full set of architectural drawings
(where appropriate) which clearly outline and depict the proposal
by the applicant for rehabilitation incentives; and
11.
Other information deemed necessary by the Planning and Development
Services Director.
E.
Review and Approval of Rehabilitation Incentives.
1.
HPC Hearing and Action. The HPC shall hold a public hearing to determine the eligibility of a property for rehabilitation incentives and shall, by resolution, approve or deny any incentives. Public notice for the hearing shall comply with Chapter 19.74 (Public Hearings and Notice); however, noticing for incentives which would not otherwise require a public hearing (e.g., some reduction in standards, Mills Act Agreements, and some change of uses) shall instead require the following notice:
a.
Notice to the property owner of record at least 10 days prior to
the decision on the incentive; and
b.
Notice to occupants of the proposed site, either by mailing a notice
or by posting an 8½″ by 11″ notice at the structure's
primary entrance or at the lobby elevators, whichever is more appropriate,
at least 10 days prior to the decision on the incentive.
2.
Planning
Commission Review and Action. For rehabilitation incentives which
involve adaptive reuse and either: (i) where the proposed use would
typically require Commission approval; or (ii) is a proposed urban
inn or bed and breakfast inn, the Planning Commission shall be the
approval authority. The Commission shall consider the recommendation
of the HPC, if any, regarding the request.
3.
Appeals. Appeals of HPC final decisions shall be heard by the Council, subject to the notice and hearing requirements of Chapter 19.74. The appeal shall be filed in the Office of the City Clerk within 10 days following the date of the HPC's public action. Noticing for Mills Act request shall only require a 10-day notification to the owner of the property. The Council has final approving authority in Mills Act decisions.
4.
Investigations.
The Commission has the authority to request the applicant for rehabilitation
incentives to furnish any material deemed necessary to determine the
propriety of granting a rehabilitation incentive.
5.
Findings
for Rehabilitation Incentives. The Commission may recommend or grant
rehabilitation incentives, only if all of the following findings of
fact are made in a positive manner:
a.
Generally.
(1)
The incentive(s) to be granted serve(s) to compensate the property
owner for the increased burden, in terms of maintenance and expense,
that rehabilitation would entail;
(2)
The proposed incentive(s) would not impair the aesthetic, architectural,
or historic integrity of the resource; and
(3)
The proposed incentive(s) would not be detrimental to the public
health, safety, or general welfare.
b.
Change of Use or Adaptive Reuse. In addition to the findings identified in subsection (E)(5)(a), above, the Commission shall make the following findings for an application for a change of use or adaptive reuse:
(1)
The change of use/adaptive reuse would occupy no more than the original
square footage of the resource;
(2)
The proposed change of use or adaptive reuse would not significantly
impair the integrity or character of the neighborhood in which it
is located; and
(3)
The change of use or adaptive reuse would result in substantial restoration
of the significant and architectural features or exterior architectural
appearance of the resource or shall result in a maintenance plan for
the building which will ensure the upkeep and continued maintenance
of the resource over the expected life of the project.
(4)
In the case of a request for the reuse of a structure that has historically
been residential, for a commercial use (e.g., a Bed and Breakfast
Inn), the applicant has proven that an economic hardship exists such
that the proposed commercial use is necessary to maintain the building.
F.
Transfer of Development Rights. TDRs are meant to encourage
historic preservation by allowing an owner of a cultural resource
to transfer unused development rights which would otherwise be permitted
on the property to transfer the unused development rights to another
site in the city. The Council has established, by resolution, criteria
upon which the transfers shall be conditioned. This is called the
Transfer of Development Rights Program, a copy of which is on file
in the Planning and Development Services Department.
G.
Permit Fee Waivers. All planning application fees shall
be deferred, and shall be waived upon approval of the rehabilitation
incentives, provided that public noticing fees shall not be waived.
(Ord. 01-594 § 2, 2001; Ord. 02-643 § 58, 2003; Ord. 03-663 § 4, 2003; Ord. 09-828 § 5, 2009; Ord. 14-940 § 35, 2014; Ord. 19-1058 §§ 204, 205,
2019)
A.
Duty to Keep In Good Repair. The owner(s), occupant(s),
or other person(s) in actual charge of a cultural resource shall keep
in good repair all of the exterior portions of the improvement, structure,
and all interior portions thereof whose maintenance is necessary to
prevent deterioration and decay of any exterior architectural feature(s)
and any other specifically designated features of the property. If
periodic maintenance and upkeep is not done, and the resource falls
into disrepair, the fact that it is in disrepair may not be used as
justification for demolition or any other alteration which would cause
adverse effect as defined in this chapter. (See the definition of
"Ordinary Maintenance and Repair" under "Cultural Heritage Preservation"
in Article 19-6.)
B.
Enforcement. It shall be the duty of the Planning and Development
Services Director to enforce this chapter.
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 206, 2019)
In the case of damage to a structure which is the result of an isolated incident, the Planning and Development Services Director may approve certificates of appropriateness for structures for which there is a threat of imminent hazard as determined by the Building Official. In the case of widespread damages to structures throughout the city (as in the case of an earthquake), the Planning and Development Services Director shall stay all notices to demolish designated or potential cultural resources, including all structures in designated or potential districts, until a structural engineer with expertise in the restoration of historic structures has evaluated the nature and extent of the damage to the structure(s) and recommended steps to stabilize the structure(s). The city shall stabilize or isolate damaged structures to permit persons with appropriate expertise to further evaluate the damage. In cases where a structural engineer with expertise in the restoration of historic structures has determined that the building cannot be stabilized, then the Planning and Development Services Director may issue a certificate of appropriateness for the demolition of a structure(s). See also Section 19.58.120.
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 207, 2019)
A.
Misdemeanor. Any person who violates a requirement of this chapter or fails to obey an order issued by the Historic Preservation or Planning Commission or comply with a condition of approval of any certificate or permit issued in compliance with this chapter shall be guilty of a misdemeanor and subject to the provisions of Section 1.08.010(a) of the West Hollywood Municipal Code.
B.
Violation and Restoration. Any person who alters, constructs,
demolishes, or removes a cultural resource in violation of this chapter
shall be required to restore the object, site, or structure to its
appearance or setting before the violation under the certificate of
appropriateness procedures. Any action to enforce this provision may
be brought by the city or any other interested party. This civil remedy
shall be in addition to, and not in lieu of, any criminal prosecution
and penalty and any other remedy provided by law.
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 208, 2019)
