HomeMy WebLinkAboutOrdinance No. 00-O12• 0
ORDINANCE 00-012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA
AMENDING THE AZUSA MUNICIPAL CODE,
DELETING DIVISION 3 OF ARTICLE V OF CHAPTER 2,
AND ADDING CHAPTER 55 ENTITLED "HISTORIC PRESERVATION"
WHEREAS, many historic properties have been lost over the years due to deterioration and disrepair or to make
way for new development, and
WHEREAS, the Cultural and Historical Landmark Commission (hereinafter "Commission")has studied,
analyzed, and surveyed various properties within the City that are worthy of preservation, and has conducted public
meetings, public workshops, and a public hearing, and
WHEREAS, the Commission has recommended to the City Council adoption of a List of Potential Historic
Landmarks and a Historic Preservation Ordinance, and
WHEREAS, the City Council of the City of Azusa determines that the preservation of the City's historic resources
is important to the aesthetics, character, and livability of the community, and
WHEREAS, the Council has determined that protection of these historic resources is necessary, and
WHEREAS, the City Council has conducted a noticed public hearing, and carefully considered the staff report,
Commission recommendation, and all public testimony,
NOW THEREFORE, the City Council of the City of Azusa does hereby ordain as follows:
SECTION 1: Pursuant to the California Environmental Quality Act Guidelines, a Negative Declaration has
been prepared and reviewed, finding that the proposed project could not have a significant effect on the environment.
The City Council hereby certifies said Negative Declaration, with the provision that the mitigation measures, if any,
recommended in the Initial Study, are implemented.
SECTION 2: The Azusa Municipal Code is hereby amended, adding Chapter 55 as follows:
"CHAPTER 55
HISTORIC PRESERVATION
ARTICLE 1. CULTURAL AND HISTORIC PRESERVATION COMMISSION
Sec. 55-1. Creation.
A cultural and historic preservation commission is hereby created to lead in the application,
enforcement, and education of the historic preservation regulations as set forth in this article.
Sec. 55-2. Guiding Mission.
The protection, appreciation and preservation of the cultural and historic resources of Azusa shall be
the guiding mission and fundamental purpose of the Cultural and Historic Preservation Commission.
The Cultural and Historic Preservation Commission shall work in partnership with other
governmental agencies, property owners/residents, the business sector and the community at large
to retain and protect those cultural and historic resources which will preserve and enhance the
community.
Sec. 55-3. Membership - Composition - Qualification - Residency.
A. The Cultural and Historic Preservation Commission shall consist of seven members
appointed by the City Council, none of whom shall be officers or employees of the City. All
members of the Commission shall be residents in the City of Azusa and shall have a
demonstrated interest in and knowledge of historic preservation and the cultural and
historical resources of the City.
B. Commission members shall be appointed from among professionals in the disciplines of
architecture, history, architectural history, planning, or other historic preservation -related
disciplines, such as urban planning, American studies, American civilization, cultural
geography, or cultural anthropology, to the extent that such professionals are available in
the community. Commission membership shall also include other persons who have
demonstrated special interest, knowledge, or experience in the history, architecture or
cultural heritage of Azusa as will provide for an adequate and qualified Commission.
C. Every member of the Cultural and Historical Preservation Commission shall have been a
resident of the city for three years prior to appointment and shall remain a resident of the
city while serving as a commissioner.
Sec. 55-4. Membership - Term - Appointment - Compensation.
A. Members of the Commission shall serve at the pleasure of the City Council. Commissioners
shall serve terms of four years. If a vacancy occurs, it shall be filled by appointment
pursuant to section 2-32. Members of the commission may be removed from office
pursuant to section 2-32.
B. No member of the Commission shall serve more than two consecutive terms as an
appointed member of the Cultural and Historic Preservation Commission. For the purpose
of this article, a person appointed to fill a vacancy for any unexpired portion of a term shall
be deemed to have served a full term where such unexpired portion of the term exceeds one
year.
C. The members of the commission shall receive compensation in an amount to be
established by City Council resolution for their services as members of the commission.
Members shall also be reimbursed for any reasonable and necessary expenses incurred by
them in the performance of their duties as members of the commission in an amount
established by resolution of the City Council.
D. Nothing in this Section shall preclude a person from subsequently applying for appointment
to the Commission after first leaving the Commission at the expiration of that person's
second consecutive term. Such an application shall be subject to the City's normal
selection process, however, and former Commissioners shall receive no preference, favor or
additional credit in the selection process.
E. The terms of not more than four members of the Commission shall expire in any one year.
Initial appointment. The initial term of appointment at formation of the commission shall be
as follows: three members for an initial term of two years, two members for an initial term
of three years and one member for an initial term of four years. Thereafter, each
commissioner's term shall be four years.
Sec. 55-5. Rules - Regulations - Records.
A. Officers. The Commission shall elect its chair from among the appointed members for a
term of one year, and subject to other provisions of law may create and fill such other offices
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as it may determine. The Chair shall be elected at the Commission's first regular meeting of
each calendar year.
B. Rules. The Commission may adopt rules for the transaction of business but unless so
adopted, the procedure set forth in Robert's Rules of Order, current edition, shall prevail.
The secretary shall keep an accurate record of all the proceedings, decisions, findings, and
resolutions of the Commission, which records shall be public and at all times available in the
City Hall.
C. Committees. The Commission may, as it deems necessary, appoint subcommittees of its
members to perform designated functions.
Sec. 55-6. Meetings - Quorum.
A. The Commission shall hold meetings, the frequency, date and time thereof to be
established by resolution of the Commission.
B. Special meetings may be called at any time by the chair or any two members of the
Commission in accordance with the requirements of California Government Code section
54950 et seq.
C. Four members of the Commission shall constitute a quorum for the transaction of business.
D. To the extent allowed by law and the rule of the Commission, meetings may be conducted
in a manner similar to a workshop or study session.
Sec. 55-7. Powers and Duties.
Subject to state law and the procedures prescribed herein, the Commission shall have and may
exercise the following powers and duties:
A. Establish criteria and conduct or cause to be conducted a comprehensive survey of cultural
and historic resources within the boundaries of the City, and publicize and periodically
update survey results:
B. Recommend to the City Council that certain areas, place, buildings, structures, natural
features, works of art or similar objects having a significant historical, cultural, architectural,
community or aesthetic value as part of the heritage of the City be designated as Historic
Landmarks or Potential Historical Landmarks, or that an area be designated a Historic
District or Potential Historic District;
C. Compile and maintain a current register of all sites, natural features, buildings and
structures designated and approved as Historic Landmarks, Historic Districts, Potential
Historic Landmarks or Potential Historic Districts by the City Council. A description of the
Historic Landmark or Historic District and its reason for inclusion shall be contained therein.
Copies of said register and list shall be transmitted to the City Clerk, the Department of
Community Development, Community Services, Public Works and other appropriate
departments and governmental agencies;
D. Encourage public understanding and involvement in historic, architectural, archeological
and cultural heritage through educational programs such as lectures, tours, walks, reports
or publications, films, open houses and special events;
E. Explore means for the protection, retention and use of any Historic Landmarks, Historic
Districts, Potential Historic Landmarks or Potential Historic Districts including, but not
limited to, appropriate legislation, tax incentives, and financing, such as encouraging
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independent funding organizations or private, local, state or federal assistance;
F. Approve, conditionally approve or disapprove in whole or in part applications for a Certificate
of Appropriateness regarding the demolition, alteration or removal of a Historic Landmark or
an improvement or natural feature within a Historic District;
G. Work closely with the City Council, City Attorney, City Manager, other commissions and
staff, and other local, county, state, and federal agencies in order to assure that changes
that result from proposed new development will be orderly and will not damage the cultural
or historic integrity of the City;
H. Recommend and encourage the protection, enhancement, appreciation and use of historic
and cultural resources which have not been designated as Historic Landmarks or Historic
Districts and take such steps as it deems desirable to recognize such resources including,
but not limited to, listings, certificates, letters or plaques;
I. Render advice and guidance, upon request of property owners, on the restoration,
alteration, decoration, landscaping or maintenance of any Historic Landmarks, Historic
Districts, Potential Historic Landmark or Potential Historic District;
J. Review and advise upon the impact of land use, housing and redevelopment undertaken by
the City, the County, or State, as they relate to Historic Landmarks, Historic Districts,
Potential Historic Landmarks or Potential Historic Districts within the community;
K. Recommend for adoption written standards to be used by the Commission in reviewing
applications for permits to construct, change, alter, modify, remodel, remove, demolish of
affect any Historic Landmark, Historic District, Potential Historic Landmark or Potential
Historic District;
L. Advise and assist the City Council and property owners regarding the identification of
appropriate government agencies or private parties which may provide assistance in
furthering the purpose of Historic Preservation in Azusa, such as granting conservation
easements or providing funding;
M. Investigate and report to the City Council on the use of various federal, state, local or private
funding sources and mechanisms available to promote historic preservation in the City;
N. Review all applications for permits, environmental assessments, environmental impact
reports, environmental impact statements, and other similar documents set forth in the
Code, pertaining to Historic Landmarks, Historic Districts, Potential Historic Landmarks or
Potential Historic Districts;
O. Investigate the feasibility of participating in the Certified Local Governmental Program and
make recommendations to the City Council;
P. Render advice and guidance on procedures for inclusion of a building, structure,
improvement, or site on the local, state or national register;
Q. Confer recognition upon the owners or designated Historic Landmarks or Historic Districts
by means of certificates, plaques or markers and from time to time, recommend that the
City Council issue commendations to such owners who have rehabilitated their property in
an exemplary manner;
R. Consult with the Azusa Women's Club, the Azusa Historical Society, the Azusa Chamber of
Commerce and the Los Angeles Historical Conservancy for the purpose of performing the
duties outlined in this article and advise the City Council relative to communications with
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such organizations;
S. Act as a working body that relies on its own expertise to research and analyze issues for
decision-making purposes;
T. Perform any other functions that may be designated by resolution or action of the City
Council.
Sec. 55-8. Use of City Staff.
A. Within the limitations of funds appropriated in the annual budget, the Director of
Community Development may designate such employees of the City to assist the
Commission in a manner deemed necessary and appropriate by the Director.
B. Employees of the City designated as support staff to the Commission shall provide
assistance to the extent specified by the Director in order to assist the Commission in
fulfilling its responsibilities and the policies of the City as specified by the City Council.
Sec. 55-9 - 55-35 Reserved.
ARTICLE II. HISTORIC PRESERVATION
Sec. 55-36. Title.
This Article shall be known as the Historic Preservation Ordinance of the City of Azusa.
Sec. 55-37. Intent and Purpose.
The City Council of the City of Azusa has determined the following to be the intent of historic
preservation in the City of Azusa.
A. That the character, history and neighborhood identity of the city are reflected in and are
reflections of its culture, physical, and architectural heritage.
B. That these historical and cultural foundations should be preserved as living parts of
community life and development to build an understanding of the City's past so that future
generations may have a genuine opportunity to appreciate, enjoy, and understanding the
rich heritage of the City.
C. That City landmarks, neighborhoods, and other areas of historical and cultural interests are
increasingly facing threats from modernization and urbanization.
D. That pursuant to the provisions of the National Historic Preservation Act of 1966, as
amended, the City of Azusa joins with private concerns, the State of California, and the
United States Congress to develop preservation programs and activities to give maximum
encouragement to agencies and individuals undertaking preservation of the City's unique
architectural, historical, aesthetic, and cultural heritage.
E. The recognition, preservation, protection and use of all historical resources in the City of
Azusa are required in the interests of and to promote the public health, prosperity, safety,
enrichment and general welfare and:
(1) To safeguard the City's unique cultural heritage as embodied and reflected in the
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City's architectural history and patterns of cultural development;
(2) To encourage and facilitate public knowledge, understanding, and appreciation of
the City's historic past and unique sense of place;
(3) To foster civic and neighborhood pride and sense of identity based on the
recognition, public participation and use of cultural resources;
(4) To promote the enjoyment, celebration, and use of cultural resources appropriate
for the education and recreation of the people of the City;
(5) To preserve diverse architectural styles, patterns of development, and design
preferences reflecting phases of the City's history and to encourage complementary
design and construction and inspire a more livable urban environment.
(6) To enhance property values and to increase economic and financial benefits to the
City and its inhabitants through the exploration of creative financial incentives for
preservation;
(7) To protect and enhance the City's attraction to tourists, residents, and visitors
thereby stimulating business and industry;
(8) To identify as early as possible and resolve conflicts between the preservation of
cultural resources and alternative land uses;
(9) To integrate the preservation of cultural resources into public and private land use
management and development processes;
(10) To conserve valuable material and energy resources by ongoing use and
maintenance of the existing built environment;
(11) To enhance neighborhoods through the preservation of cultural resources and
establishment of historic districts;
(12) To encourage public participation in identifying and preserving historical and
architectural resources thereby increasing community pride in the City's cultural
heritage.
55-38. Applicability.
This article shall apply to all cultural and historical resources within the corporate boundaries of the
City of Azusa.
55-39. Definitions.
As used in this article, these words have the following meanings:
A. "Alteration" shall mean any change or modification, through public or private action to the
character -defining or significant physical features of properties affected by this article. Such
changes may include, but are not limited to, changes to or modification of structure,
architectural details, or visual characteristics, grading, the addition of new structures, cutting
or removal of trees, other alteration of natural features, disturbance of archeological sites or
area, and the placement or removal of any significant objects affecting the significant visual
and/or historical qualities of the property.
B. "Certificate of Appropriateness' shall mean a certificate issued by the Cultural and Historic
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Preservation Commission approving plans, specifications, statements of work, and any other
approvals which are reasonably required by the Commission to make a decision on any
proposed Alteration, Restoration, Rehabilitation, Construction, Removal, Relocation, or
Demolition, in whole or in part, of or to a Historic Landmark, or to a Contributor within a
Historic District.
C. "Certificate of Economic Hardship' shall mean a certificate authorizing work described in
the accompanying Certificate of Appropriateness granted by the Commission because of
extreme financial privation or adversity and in accordance with the procedures and findings
of this article.
D. "Commission' shall mean the Cultural and Historic Preservation Commission of the City of
Azusa as established in Article I of this chapter.
E. "Construction" shall mean the act of expanding an existing building or structure or the
erection of a new principal or accessory structure or building on a lot or property.
F. "Contributor" shall mean any property which contains an improvement or natural feature
included in the Designation Statement for a Historic District of Potential Historic District
which provides substance to the district's character; a contributor shall be considered a
Historic Landmark, or Potential Historic Landmark in all respects.
G. "Cultural Resource" means improvements, buildings, structures, signs, features, sites,
scenic areas, views and vistas, places, areas, landscapes, trees, or other objects of cultural
or historical significance to the City, State of California, or the Nation, which may be eligible
for designation, or designated and determined to be appropriate for historic preservation by
the Council pursuant to this article.
H. "Demolition" shall mean any act or process that destroys or damages in part or in whole, a
Historic Landmark, a Contributor within a Historic District, or property identified as a
Potential Historic Landmark or Potential Historic District.
1. "Department" shall mean the Community Development Department of the City.
J. "Designated Historic Landmark" shall mean any Improvement, Natural Feature or property
that has special historical, cultural, aesthetic, or architectural character, interest, or value as
part of the development, heritage, or history of the City of Azusa, the State of California, or
the nation, and which has been nominated and designated by the Commission and
approved by the property owner pursuant to this article.
K. "Designation Statement" shall mean a document prepared by the Commission which
contains a specific description of a designated Historic Landmark or Historic District, its
assessor's parcel number, its site address, and the prescriptive standards or design
guidelines, (the minimum being the Secretary of the Interior's Standards) adopted for that
resource.
L. "Economic Hardship' shall mean a substantial burden placed by this ordinance on an
owner of a property containing a Historic Landmark or Improvement/Natural Feature
contained within a Historic District.
M. "Historic District" shall mean any area containing a concentration of improvements which
have a special character, historical interest, or aesthetic value, which possess integrity of
location, design, setting, materials, workmanship, feeling, and association, or which
represent one or more architectural periods or styles typical to the history of the City, and
that has been designated a historic district pursuant to this article.
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N. "Historic Landmark" shall mean any Improvement, Natural Feature or property that has
special historical, cultural, aesthetic, or architectural character, interest, or value as part of
the development, heritage, or history of the City of Azusa, the State of California, or the
nation and that has been nominated and designated pursuant to this article. "Historic
Landmark" shall include historic resources listed in the California Register of Historic
Resources.
O. "Historic Review Site' shall mean those properties and/or improvements that have attained
fifty (50) years of age.
"Improvement" shall mean any building, structure, place, fence, gate, wall, parking facility,
work of art, or other object constituting a physical feature of real property, or any part of
such feature.
Q. "Natural Feature" shall mean any tree, landscaping, plant life, habitat, geographical or
geological site, or feature to the provisions of this article.
R. "Nomination Statement" shall mean a document prepared by the Commission specifying
the property recommended for Historic Landmark, Historic District, Potential Historic
Landmark or Potential Historic District designation, its assessor's parcel number, its site
address, and any prescriptive standards or design guidelines prepared for it. It shall include
the findings supporting the nomination.
S. "Non -Contributor' shall mean a property within the geographical confines of a Historic
District or Potential Historic District which is not a Contributor.
T. "Ordinary Maintenance and Repair" shall mean any work for which a building permit is not
required by law where the purpose and effect of such work are to correct any deterioration
of or damage to an improvement or natural feature of any part thereof and to restore the
same to its condition prior to the occurrence of such deterioration or damage.
U. "Owner' shall mean: in the case of nomination and designation, the majority representative
owner or owners, as established by deed or contract, of the subject property or properties;
the Commission may rely on notarized affidavits to establish ownership; in the case of
hearing notification, the person, persons or entity appearing as owners on the last equalized
assessment roll of the county.
V. "Potential Historic Landmark or District" shall refer to those properties identified as
qualifying for designation as a Historic Landmark and/or Historic District but which do not
have the agreement of the property owner for the application of such designation.
W. "Preservation" shall mean the identification, study, protection, restoration or rehabilitation of
Historic Landmarks, Historic Districts, Potential Historic Landmarks and Potential Historic
Districts and other cultural resources.
X. "Register of Historic Landmarks' shall mean the lists of properties and/or districts located
within the City that are designated by the Commission as Historic Landmarks or Historic
Districts.
Y. 'Rehabilitation" shall mean the act or process of returning an improvement or site to a
condition of utilization, through repair, remodeling or alteration, that makes possible an
efficient contemporary use while preserving those portions or features of the improvement
or site that are significant to its historical, architectural and cultural values.
Z. `Relocation' shall mean any change of the location of an improvement in its present setting
or to another setting.
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AA. "Removal' shall mean any act whose consequence is the loss of an improvement or natural
feature from its present site to another site.
BB. 'Restoration" shall mean the act or process of accurately recovering the form and details of
an Improvement or Natural Feature and its setting as it appeared at a particular period of
time by means of the removal of later additions to, or by the replacement of missing earlier
portions of the feature.
CC. "Secretary of the Interior Standards for Rehabilitation" shall mean the Secretary of the
Interior's Standards for Rehabilitation codified in 36 C.F.R., part 67, as the minimum
standards or guidelines for that resource.
DD. "Survey" shall mean the systematic analysis and data collection conducted in a manner
prescribed by the Commission to determine the historic and/or cultural significance; and the
resulting list of determinations as certified by the Commission.
Sec. 55-40. Administration.
The provisions of this article shall be overseen by the Cultural and Historic Preservation Commission
with support from the Community Development Department as provided in Sec. 55- 8.
Sec. 55-41. Designating Historic Landmarks, Historic Districts, Potential Historic Landmarks
and Potential Historic Districts.
A. Designation. The Commission shall have the responsibility to recommend to the City
Council the adoption of ordinances and resolutions designating improvements, sites or
natural features as Historic Landmarks, Historic Districts, Potential Historic Landmarks, and
Potential Historic Districts thereby necessitating their preservation, protection,
enhancement, rehabilitation or perpetuation. The Commission shall prepare and transmit a
report in the form of a Nomination Statement of its recommendation to the Council on the
historical and architectural significance of the improvement, site or natural feature to be
designated.
B. Designation Criteria for Historic Landmarks, Historic Districts, Potential Historic
Landmarks and Potential Historic Districts.
Criteria and standards for the designation of Historic Landmarks, Historic Districts,
Potential Historic Landmarks and Potential Historic Districts shall include one or more of the
following, as applicable:
(1) It is identified with persons or events significant in local, regional, state or national
history.
(2) It is representative of the work of a notable builder, designer, architect or artist.
(3) It is at least fifty (50) years old.
(4) It is less than fifty (50) years old however it is of exceptional importance in one or
more of the criteria set forth in this section.
(5) It contributes to the significance of a historic area, being a geographically definable
area possessing a concentration of not less than 50% of historic or architecturally
related grouping of properties that contribute to each other and are unified
aesthetically by physical layout or development.
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(6) It embodies one or more distinctive characteristics of style, type, period design,
materials, detail, or craftsmanship.
(7) It has a unique location or physical characteristics or represents an established and
familiar visual feature of neighborhood, community, or the City of Azusa.
(8) It incorporates elements that help to preserve and protect a historic place or area of
historic interest in the City.
(9) It has yielded, or may be likely to yield information important in prehistory or
history.
Sec. 55-42. Designation Procedure.
Historic Landmarks, Historic Districts, Potential Historic Landmarks and Potential Historic Districts
shall be established by the City Council in the following manner:
A. Any Owner may apply for designation as a Historic Landmark or Historic District, any
improvement, site, natural feature or grouping thereof which meets one or more of the
Designation Criteria and which is located on said owner's property.
B. With respect to nominations for Historic Districts, no application shall be accepted without
at least fifty percent (50%) plus one of all affected properties proposed for inclusion in the
Historic District consenting to such designation. Each ownership entity or distinguishable
property (being the least of addresses, parcels, lots, or main structures as determined by the
Commission) shall be entitled to one vote.
C. The Commission on its own motion may initiate the identification and consideration of the
nomination for designation of Potential Historic Landmarks and Potential Historic Districts
that meet the criteria set forth in this article but which do not have the written consent of the
property owner.
D. Applications for nomination for Historic Landmarks, Historic Districts, Potential Historic
Landmarks and Potential Historic Districts shall be made to the Commission on a form
provided by the Planning Division. The nomination shall provide sufficient documentation
and information indicating how the proposed Historic Landmark, Historic District, Potential
Historic Landmark or Potential Historic District meets the Designation Criteria. All
nominations shall be considered in a noticed public hearing as set forth herein. With
respect to nominations for Historic Landmarks or Historic Districts, no application shall be
accepted without the written consent of the owner of the property to which the nomination
pertains. The owner may withdraw the consent prior to the City Council's final
determination. Such withdrawal shall terminate the nomination proceedings for the subject
property.
E. Any alteration included in a pending nomination shall be subject to review by the
Commission and City Council.
F. Method of Noticing. All actions requiring public hearings before the Cultural and Historic
Preservation Commission and City Council, shall require the following noticing
requirements:
(1) The notice shall be mailed first-class and postage prepaid to the applicant; to the
property owner or the owner's agent; to all persons whose names and addresses
appear on the latest available assessment roll of the County of Los Angeles as
owners of property within a distance of three hundred (300) feet from the exterior
boundaries of the property for which the application is filed; to anyone filing a
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written request for notification; and to such other persons whose property might, in
the director's judgement, be affected by the Commission's action.
(2) The notice shall be published at least ten (10) calendar days prior to the date of the
hearing in a newspaper having general circulation in Azusa.
G. Content of Notice. The notice shall include the time, place, identity of the hearing body,
nature of the application, and the general location of the property under consideration.
H. Evidence of Notice. When notice of hearing is given pursuant to this division, the following
documentation shall be deemed sufficient to serve as proof that such notice was given:
(1) Publication. When notice is given by publication, an affidavit of publication by the
newspaper in which the publication was made.
(2) Mailing. When notice is given by mail or other delivery, an affidavit or proof of
mailing/delivery must be made, showing, at a minimum, the date or dates of
mailing/delivery and the list of persons and groups to which the mailing/delivery was
made.
(3) Failure to send any notice by mail to any affected Owner where the address of such
Owner is not a matter of public record shall not invalidate any proceedings in
connection with the proposed designation. The Commission and City Council may
also give such additional notice as they may deem desirable and practicable.
Hearing Procedures.
(1) Scheduling of Hearings.
For applications requiring public hearing before the Cultural and Historic
Preservation Commission, the Director of Community Development shall
set the date and time of the hearing which shall be within thirty (30) days
following the receipt of a completed application.
b. For applications requiring public hearing before the City Council, the City
Clerk shall set the date and time of the hearing which shall be within thirty
(30) days following the receipt of the Commission's resolution
recommending nomination, or the filing of an appeal from the
Commission's resolution denying nomination.
(2) Right of Persons to Comment.
a. During any public hearing, the applicant for the subject application shall
have the following rights:
(1). To be represented;
(2). To provide testimony;
(3). To present evidence; and
(4). To ask questions of opposing witnesses.
b. All other persons shall have the right to comment on any relevant aspect of
the application under consideration.
(3) Action of Hearing Body and Continuance of Hearings.
a. Following the completion of testimony at a public hearing, action shall be
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taken to approve, conditionally approve, deny, continue or take under
advisement the subject of the public hearing.
b. If the action is to continue or take the matter under advisement, before
adjournment or recess the person presiding at such public hearing shall
publically announce the time and place to which the hearing will be
continued. No further notice shall be required.
(4) Conditions may be imposed. The Cultural and Historic Preservation Commission
and City Council shall have the authority to impose reasonable and necessary
conditions on an application to ensure that the contemplated action complies with
the provisions of this Article, the Municipal Code, the policies of the General Plan
and the policies adopted by the City Council.
(5) Notice of Decision.
a. Following the rendering of a decision on an application, a copy of the
decision and the findings associated with that decision shall be mailed to
the applicant at the address shown on the application.
b. Each decision by the Cultural and Historic Preservation Commission
authorizing or denying an application shall be recorded as a formal and
numbered resolution.
Q. Recommendations to the City Council, from the Commission for
designation of Historic Landmarks, Historic Districts, Potential Historic
Landmarks or Potential Historic Districts shall be in the form of a
Nomination Statement and adopted by resolution of the Commission.
d. Each decision by the City Council authorizing or denying an application
shall be recorded as a formal and numbered resolution.
e. Each decision by the City Council approving the designation of a Historic
Landmark, Historic District, Potential Historic Landmark or Potential
Historic District shall be in the form of a Designation Statement and
adopted by resolution of the City Council.
J. Upon designation by the City Council, the City Clerk shall record the City Council's
declaration in the office of the County Recorder of the County of Los Angeles in the form or
a Designation Statement, in fact or by reference.
Sec. 55-43. Effective Date of Commission's Action.
A. Decisions of the Commission are considered final on the date the Commission adopts a
resolution setting forth its decision.
B. The decision shall become effective twenty (20) calendar days after the adoption of the
resolution unless an appeal is filed.
Sec. 55-44. Appeals.
A. Any person not satisfied with a decision or determination by the Commission shall have the
right to appeal to the City Council if a written request is submitted to the City Clerk
accompanied by the required appeal fee within twenty (20) days after the Commission's
decision. In the event such an appeal is filed .
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B. An appeal from a decision of the Commission must be presented in writing and shall
contain the reasons for such appeal. The City Clerk, upon receipt of the appeal shall set the
matter for public hearing before the City Council to be held within thirty (30) days of a
determination by Staff that the appeal application is complete. Following the hearing, the
Council shall affirm, reverse or modify the decision of the Commission. All decisions of the
City Council shall be final.
C. A fee set by Council resolution shall be paid to the City upon the filing of each appeal
D. The Council or any member thereon, may appeal any decision of the Commission without
payment of the appeal fee.
Sec. 55-45. Designation Statement.
A. The Designation Statement shall, at a minimum, include the Secretary of the Interior's
Standards for Rehabilitation codified in 36 C.F.R., part 67, as the minimum standards or
guidelines for that resource.
B. The Designation Statement shall specify the significant exterior and interior elements and
natural features which are expressly found by the Commission to contribute to the Historic
Landmark's significance. Unless otherwise stated, the Designation Statement, the
protection afforded a Historic Landmark shall encompass the entire parcel and any
adjoining parcels under the same ownership at the time said Designation Statement is
adopted.
Sec. 55-46. Change in Designation
A. A property designated as a Historic Landmark, or located within a Historic District, may only
have such designation removed by following the same procedure that is used to approve
such designation as set forth in this article.
B. Upon a finding by the City Council that a Historic Landmark, or property located within a
Historic District, should be removed, the City Clerk shall record the City Council's
declaration in the office of the County Recorder of the County of Los Angeles in the form of
a Removal of Designation Statement, in fact or by reference. Such property shall continue
to be considered a Potential Historic Landmark.
Sec. 55-47. Certificate of Appropriateness for Historic Landmarks and/or Historic Districts.
A. Certificate Required. No alteration, demolition, reconstruction, or replacement of
structures may be permitted to Historic Landmarks and properties within Historic Districts,
without first obtaining a Certificate of Appropriateness from the Commission. Procedures
are set forth in Section 55-48 for the granting of a Certificate of Appropriateness in cases of
substantiated economic hardship.
B. Application. Application for a Certificate of Appropriateness shall be filed with the Planning
Division for processing. Applications for all alterations shall be accompanied by applicable
fees and plans and specifications, including drawings that show the relationship of the
alterations to surrounding historic features or properties. Applications for demolitions shall
also be accompanied by such plans and specifications for the proposed new construction
including drawings that show the relationship of the proposed work to surrounding historic
features and properties and other necessary documents to support the request.
C. Procedure. The Commission shall conduct a public hearing to consider each application
for a Certificate of Appropriateness. The Commission shall determine whether to approve or
deny issuance of the certificate based upon all of the information submitted, as well as the
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original Designation Statement issued for the Historic Landmark or property located within a
Historic District. The Commission's determination shall include findings supporting its
decision.
D. Findings. The Commission shall issue a Certificate of Appropriateness if it is determined
that the following findings can be made with regards to the proposed alteration:
(1) It will not adversely affect any significant historical, cultural, architectural or
aesthetic feature of the concerned property or of the Historic District in which it is
located;
(2) The proposed change is consistent with or not incompatible with the architectural
period of the building;
(3) The proposed change is compatible in architectural style with existing adjacent
contributing structures in a Historic District;
(4) The scale, massing, proportions, materials, colors, textures, fenestration, decorative
features and details proposed are consistent with the period and/or compatible with
adjacent structures;
(5) It will remedy any condition determined to be imminently dangerous or unsafe by
the fire department or building division;
E. Exceptions: The Department shall review the following exceptions to the Certificate of
Appropriateness requirement for Non -Contributors in Historic Districts, and review by the
Commission is not required:
(1) the remodeling of and the single story additions to existing structures;
(2) garages;
(3) guest houses.
F. Review and Protection. The review and protection measures outlined in this article are
intended to preserve Historic Landmarks and Historic Districts as well as those cultural and
historical resources located in the City of Azusa that are deemed to have real or potential
significance. The Certificate of Appropriateness shall be approved or disapproved by the
City within the time limits set forth in Government Code Section 65950, as amended from
time to time.
Sec. 55-48. Procedure for Finding of Economic Hardship.
In considering a request for a Finding of Economic Hardship, the Commission shall comply with the
Certificate of Appropriateness procedures and required findings as outlined in this section.
A. The owner of a Historic Landmark or Contributor in a Historic District applying for a
Certificate of Appropriateness may request that an alteration or demolition be permitted,
even though it cannot meet the findings described in this section, if the owner can
substantiate that denial of permitting such demolition or alteration constitutes an economic
hardship for a Certificate of Appropriateness.
B. In support of a request for a finding of an economic hardship, the Commission may request,
and the owner may submit documentation such as the following:
(1) Cost estimates of the proposed alteration and an estimate of the additional cost(s)
that would be incurred to comply with the recommendations of the Commission.
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(2) A report from a licensed engineer or architect with experience in rehabilitation as to
the structural soundness of any structures on the property and their suitability for
rehabilitation.
(3) Fair market value of the property in its current condition as determined by a
qualified appraiser; estimated market value after completion of the proposed
construction, alteration, demolition, or removal; after any changes recommended
by the Commission; and, in the case of a proposed demolition, the estimated
market value after renovation of the existing property for continued use.
(4) In the case of a proposed demolition, an estimate from an architect, appraiser, or
other professional experienced in rehabilitation as to the economic feasibility of
rehabilitation or reuse of the existing structure on the property.
(5) For income-producing properties, information on annual gross income, operating
and maintenance expenses, depreciation deductions and annual cash Flow after
debt service, and current estate taxes.
(6) Remaining balance on any mortgage or other financing secured by the property
and annual debt service, if any, for the previous two years and any appraisals of the
property obtained within the previous two years by the owner or applicant.
(7) Amount paid for the property, the date of purchase, and the party from whom
purchased, including a description of the relationship between the owner of record
or applicant and the person from whom the property is purchased; any listing of the
property for sale or rent, price asked, and offers received, if any, within the previous
two years.
(8) Assessed value of the property according to the two most recent assessments and
property taxes for the two previous years.
(9) Form of ownership or operation of the property, whether sole proprietorship, limited
partnership, joint ventures, or other.
(10) Any other information, including documentation establishing the income tax
bracket of the owner, applicant, or principal investors in the property, considered
necessary by the Commission to make determination as to whether the property
does yield or may yield a reasonable return to the owners.
C. Staff shall prepare a report analyzing the evidence provided in support of the request and
shall include a hardship relief plan to relieve, where possible, economic hardship. This plan
may include recommendations such as property tax relief, loans or grants, acquisition of
property, use of the State Historic Building Code, changes in applicable zoning regulations,
and redevelopment funds.
D. The Commission, in considering a request for a finding of economic hardship, may solicit
expert testimony, at the owner's expense.
E. The Commission shall review all the evidence and information required of an applicant and
the Staff hardship relief plan and make a determination within ninety (90) days of receipt of
the application as to whether the denial of the Certificate of Appropriateness has deprived,
or will deprive, the owner of the property of all reasonable use of, or economic return on, the
property.
F. If the applicant presents facts and clear evidence demonstrating to the Commission that
failure to approve the application for a Certificate of Appropriateness will cause an
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immediate hardship because of conditions peculiar to the particular structure or other
feature involved, and that no plan that may be implemented by the City can relieve the
hardship to a sufficient extent, and the damage to the owner of the property is unreasonable
in comparison to the benefit conferred to the community, the Commission may recommend
to the City Council to approve or conditionally approve an Economic Hardship. The final
decision shall be made by the City Council within 45 days of the filing of the Commission's
recommendation with the City Clerk.
G. Issuance of a Certificate of Appropriateness and Economic Hardship dispensation by the
City Council shall be accompanied by a written determination, based on the following
findings:
(1) Denial of the application would diminish the value of the subject property so as to
leave substantially no value;
(2) Sale or rental of the property is impractical, when compared to the cost of holding
such property for uses permitted in this zone;
(3) An adaptive reuse study and hardship relief plan have been conducted and found
that utilization of the property and any economic return therefrom is not reasonable
or feasible;
(4) Rental at a reasonable rate of return is not feasible;
(5) Denial of the Certificate of Appropriateness would damage the owner of the
property unreasonably in comparison to the benefit conferred on the community;
(6) All means involving City sponsored incentives, have been explored to relieve
possible economic disincentives;
(7) The economic hardship under review is strictly related to any such hardship created
or related directly to the property itself and that in considering the Certificate of
Appropriateness with the request under economic hardship, personal , family, or
business difficulties, loss of prospective profits, poor quality maintenance and
neighboring violations were not considered justifiable hardships.
(8) In the case of a proposed demolition, the designated landmark cannot be
remodeled or rehabilitated in a manner which would allow a reasonable rate of
return on the property owner's investment.
If the Commission finds otherwise, it shall issue a recommendation to the City Council for
denial of the request. If the City Council concurs, it shall deny the application for a
Certificate of Appropriateness and Economic Hardship dispensation and notify the applicant
by mail of the final denial.
H. If approval of a Certificate of Appropriateness and Economic Hardship dispensation will
result in the demolition of a nominated or designated cultural resource, the applicant shall
be required to provide documentation of the resource proposed for demolition to the
standards of the Historic American Building Survey. Such documentation may include
photographs, floor plans, measured drawings, archeological survey, or other documentation
stipulated by the Commission.
Sec. 55-49. Special Review for Potential Historic Landmarks and Potential Historic Districts.
A. Commission Review. Any Alteration or Demolition to be conducted at Potential Historic
Landmarks and/or Potential Historic Districts shall be reviewed by the Commission prior to
commencing any such work to assist the property owner in maintaining the significance of
the resource and to address issues of appropriateness and designation, excluding any
alterations contained in the exceptions below.
B. Assistance and Guidance to Owners. In the course of review, the Commission shall assist
and guide the property owner(s) of Potential Historic Landmarks and Potential Historic
Districts with regard to proposed alterations on an advisory basis with the intention of finding
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solutions and directing the owner toward designation and/or appropriate changes that
safeguard the resource. The Commission shall have the authority to extend the review to
explore alternative solutions for making appropriate improvements for no longer than sixty
(60) days and to explore demolition alternatives for no longer than one -hundred eighty (180)
days, unless the owner agrees to a longer period. In the event proceedings before the
Commission to explore demolition alternatives have not progressed in a manner satisfactory
to the applicant after 90 days, the applicant may request a hearing before the City Council
for final resolution. Should the property owner proceed with demolition of a Potential
Historic Landmark, documentation concerning the historic nature of the property shall be
provided to the City prior to issuance of a demolition permit in a form as may be prescribed
by the Commission in its rules and procedures, which may be amended from time to time.
C. Exceptions. Commission review is not required for the following exceptions to Special
Review. Required review and approval in these instances shall be made by the Department.
(1) Repairing or replacing deteriorated materials with applications or use of exterior
materials of the same kind, type and texture already in use for the following:
a. re -roof
b. windows
c. siding material
d. chimney and fireplaces
(2) Accessory structures
(3) Fencing
(4) Additions or deletions of awnings, shutters, canopies and similar incidental
appurtenances, provided that such additions or deletions do not materially change
the historical appearance and significance of the historic resource.
(5) Non -contributors in Potential Historic Districts
Sec. 55-50. Emergency Demolition.
Structures that are Historic Landmarks or included in Historic Districts that have been severely
damaged as a result of an earthquake, fire or other natural disaster, and which require immediate
demolition because the building presents an imminent threat to public safety, shall be exempt from
the provisions of this article. A determination to demolish an existing historic resource on such
grounds shall be made by the Commission acting on the advice and recommendation of the
building official. In the absence of a quorum of the Commission such a determination may be made
by the building official, or the city manager, in consultation with any available members of the
Commission and the Planning Division.
Sec. 55-51. Maintenance and Care.
A. Duty to Maintain. The owner, occupant, or other person in actual charge of a Historic
Landmark or Potential Historic Landmark or an improvement, building, or structure in a
Historic District or Potential Historic District shall keep in good repair all of the exterior
portions of such improvement, building, or structure, all of the interior portions thereof when
subject to control as specified in the Designation Statement, and all interior portions thereof
whose maintenance is necessary to prevent deterioration and decay of any exterior
architectural features.
B. Ordinary Maintenance and Repair. Nothing in this article shall be construed to prevent the
ordinary maintenance or repair of any exterior architectural feature in or on any Historic
Landmark, Historic District, or Potential Historic Landmark or Potential Historic District that
does not involve a change in design, material, or external appearance thereof, nor does this
article prevent the construction, reconstruction, alteration, restoration, demolition, or
removal of any such architectural feature when the Community Development Director
certifies to the Commission that such action is required for the public safety due to an
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unsafe or dangerous condition which cannot be rectified thought the use of the California
State Historic Building Code.
Sec. 55-52. Historic Preservation Participation Incentives.
In order to foster preservation of Azusa's cultural heritage, the following incentives for participation
are available only to Historic Landmarks and Contributors located in Historic Districts.
A. State Historical Building Code. Any alteration made for preservation , rehabilitation,
restoration or relocation of such properties shall be made according to the requirements of
the State Historical Building Code pursuant to the California Health and Safety Code
Section 18950 et seq.
B. Mills Act Contracts. Upon the City becoming a Certified Local Government, the City Council
may authorize the use of contracts pursuant to California Government Code Section 50280
et. seq., also known as the Mills Act. Such contracts may be entered into at the sole
discretion of the City Council based on the recommendation of the Commission in a form
approved by the City Attorney, for the specific intent to promote the continued preservation
of historic properties.
C. Fee Relief. The applicable building permit fee shall be sixty percent (60%) of the actual
permit fee at time of issuance.
D. Setback flexibility. One-story additions shall be allowed to maintain setbacks up to the line
of existing encroachments, provided that al setbacks as required by the Uniform Building
Code for new construction are maintained.
E. Relief from Nonconforming Parking Requirements. Single-family residences, that are
designated as Historic Landmarks or are located within a Historic District, that are
nonconforming due to substandard parking shall not be required to provide parking
according to current standards provided that additional floor area does not exceed 50
percent (50%) of the existing floor area in any 12 month period. In multiple -family
developed properties adding units in accordance with existing zoning standards shall not be
required to bring existing nonconforming parking into compliance with current parking
requirements.
Recognition. The Commission shall establish a program to recognize historic properties
with special plaques, signage, and other appropriate forms of recognition.
G. Financial Benefits. Owners of such properties are eligible to apply for local, state and
federal financial benefits as available.
Sec. 55-53. Enforcement and Penalties.
A. Any person, whether owners, tenant or agent, or otherwise, who violates a requirement of
this article or fails to comply with a condition of approval of any certificate of permit issued
under this article shall be guilty of a misdemeanor and subject to enforcement and penalty
provisions of this code.
B. The City Attorney may maintain an action for injunctive relief to restrain a violation or cause,
where possible, the complete or partial restoration, reconstruction or replacement of any
structure demolished, partially demolished, altered or partially altered in violation of this
Article.
C. The intentional and complete demolition of a Potential Historic Landmark, Historic
Landmark or Improvement/Natural Feature located within a Historic District in violation of
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this Article may result in the denial of building or construction -related permits, or permits for
use as a parking area, for the subject property for a period not to exceed twenty-four (24)
months from the date that the City becomes aware of the alteration or demolition in
violation of this Article. The purpose of this delay is to provide the City an opportunity to
study and determine appropriate mitigation measures for the alteration or removal of the
historic structure, Improvement or Natural Feature, and to ensure mitigation measures are
incorporated into any future development plans and approvals for the subject property.
Mitigation measures as determined by the Planning Division, Cultural and Historic
Preservation Commission or the City Council shall be imposed as conditions of any
subsequent permit for development of the subject property.
D. if any provision or clause of this Article is held to be unconstitutional or otherwise invalid by
any court of competent jurisdiction, such invalidity shall not affect other provisions of this
Article. The provisions and clauses of this Article are declared to be severable."
SECTION 3: Division 3 of Article V of Chapter 2 of the Azusa Municipal Code is hereby
deleted.
SECTION 4: This Ordinance shall be posted in accordance with provisions of the Azusa
Municipal Code and shall become effective thirty (30) days from and after the date of its passage.
SECTIO 5:The City Clerk shall certify
the same a ub' d as required by law.
P SED D PP OVE this d d(frl
MAY
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF AZUSA
adoption of this ordinance and shall cause
, 2000.
I, ADOLPH SOLIS, City Clerk of the City of Azusa, do hereby certify that the foregoing
Ordinance No. 012 was regularly introduced and placed upon its First reading at a regular meeting
of the City Council on the 2nd day of October, 2000. That thereafter, said Ordinance was duly
adopted and passed at a regular meeting of the City Council on the 16" day of October, 2000, by
the following vote, to wit:
AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, BEEBE, MADRID
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBER NONE
ABSENT: n COUIyQIL MM: NONE
APPRO D AS TO FORM:
M.R. R --
CITY ATTORNEY
H