Covina, CA Zoning Ordinance

Covina City Zoning Code

CHAPTER 17

81 HISTORIC PRESERVATION

§ 17.81.010 Purpose and intent.

The purpose of this chapter is to preserve, conserve and maintain the city of Covina's cultural, architectural and archaeological and historical heritage and resources as living parts of community life by encouraging the voluntary designation of such properties and resources for protection, which will benefit and enrich the lives of its present and future residents and visitors. To these ends, this chapter's intent is to improve the quality of the city's environment through preservation, conservation and maintenance of its neighborhoods as follows:

Preserve the city of Covina's architectural history and encourage complementary development and use on surrounding property.

Build and strengthen civic pride in the beauty and notable accomplishments of the past and promote their continued use today.

Protect, enhance and perpetuate the city's historic attractions for residents desiring a pleasant way of life, as well as tourists and visitors seeking a pleasant shopping and recreational experience.

Strengthen the economy of the city, stabilize and improve property values, and increase community vitality by encouraging adaptive reuse, increased social activity and increased community awareness of the attractions associated with historic resources.

Promote the private and public use and preservation of designated structures or areas for the education, appreciation and general welfare of the people.

(Ord. 97-1812 § 1, 1997)

§ 17.81.020 Definitions.

For the purpose of this chapter, the following definitions shall apply:

"Alteration"

means any exterior change or modification, through public or private action, to the character-defining or significant physical features of designated properties affected by this chapter. Such changes or modifications may be made to structures, fixtures, architectural details, or visual characteristics, grading or surface paving.

"Archaeological site"

is an area of land formerly occupied by ancient people upon which are found evidence of their existence and customs evidenced by monuments, sites, tools, artifacts, and relics.

"Certificate of economic hardship"

is a certificate authorizing work described in the accompanying historic structure modification permit granted by the planning commission because of extreme financial impact or adversity and in accordance with the procedures and findings of this title.

"Demolition"

is the act or process of dismantling, wrecking, or destroying all or part of a structure.

"Design guidelines"

are principles contained in a document which illustrate appropriate and inappropriate methods of rehabilitation and construction. The purpose of using design guidelines is to establish standards and aid design and decision-making with regard to retaining the integrity of scale, design intent, materials, image, patterns of development, and historical character of a historic structure. These principles are provided in the "Covina Design Guidelines," the "Downtown Design Plan and Implementation Guidelines," and any similar guidelines which may be adopted by the Covina city council.

"Designation statement"

shall mean a document prepared by the planning commission and approved by the city council which contains a specific description of the designated historic landmark or structure of merit, its assessor's parcel number(s), its site address(es), and the prescriptive standards or design guidelines (the minimum being the Secretary of the Interior Standards) adopted for that resource.

"Economic hardship"

shall mean a substantial burden placed by this chapter as it relates to some aspect of a historic property on the owner of the property and is unreasonable in comparison to the benefit conferred in the community.

"Fixture"

is something attached as a permanent appendage, apparatus, or appliance to a structure.

"Historic landmark"

shall mean any improvement, archaeological site, 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 Covina, the state of California, or the nation and that has been nominated and designated by the city council with owner consent pursuant to CMC § 17.81.050. The designation statement shall specify the significant exterior and interior elements and natural features which are expressly found by the planning commission to contribute to the historic landmark's significance. Unless otherwise stated in the designation statement, the protection afforded an historic landmark shall encompass the entire parcel and any adjoining parcels under the same ownership.

"Historic structure modification certificate"

is a certificate issued by the planning commission or chief planning official authorizing significant exterior alteration, restoration, rehabilitation, construction, removal, relocation, or demolition, in whole or in part, of or to a designated resource.

"Improvement"

shall mean any building, structure, plan, fence, gate, landscaping, tree, wall, parking facility, work of art, or other object constituting a physical feature of real property or any part of such feature.

"Ordinary upkeep, maintenance and repair"

shall mean the routine care of a structure and its grounds in a fashion that discourages neglect and encourages a quality appearance and does not significantly alter the architectural character of a structure.

"Owner"

shall mean, in the case of nomination and designation, the majority representative's owner or owners as established by deed or contract of the subject property or properties. The planning commission may rely on notarized affidavits to establish ownership; in the case of hearing notification, the person, persons or entity appearing as owner on the last equalized assessment roll of the county.

"Preservation"

shall include the identification, study, protection, restoration, rehabilitation and/or acquisition of cultural resources.

"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.

"Relocation"

shall mean change of the location of an improvement in its present setting, or to another setting.

"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.

"Secretary of the Interior Standards for Rehabilitation"

shall mean the guidelines prepared by the National Park Service for rehabilitating historic buildings and the standards for historic preservation projects prepared by the National Park Service with guidelines for applying the standards.

"Structure of merit"

is a building or structure which contributes to the broader understanding of the historical, archaeological, cultural, architectural, community, aesthetic, or artistic heritage of the city and which has been individually designated by the city council pursuant to this chapter.

(Ord. 16-2060 § 1, 2016; Ord. 97-1812 § 1, 1997)

§ 17.81.030 Administration.

Implementation of this chapter shall be the direct responsibility of the planning commission with support from the department of community development, planning division, and any societies or organizations promoting historic preservation and any volunteer professionals with appropriate expertise selected by the planning commission. The planning commission shall establish rules of order and regular meeting requirements and procedures, which may be amended from time to time as needed.

(Ord. 16-2060 § 1, 2016; Ord. 97-1812 § 1, 1997)

§ 17.81.040 Power and duties.

The planning commission shall carry out activities required by city ordinances relating to the administration of this chapter and shall have the following powers and duties:

To increase public awareness of the value of historic, architectural and cultural preservation by developing and participating in public information programs. The program format may include lectures, tours, walks, reports or publications, films, open houses, and special events.

Establish and/or recommend to the city council specific design guidelines for the alteration, construction, removal, or demolition of historical landmarks and structures of merit.

To review applications for permits to rehabilitate, construct, change, alter, modify, remodel, demolish, remove or significantly affect any structure over which the planning commission has approval authority.

To compile or cause to be compiled and maintained a current inventory of all designated historic landmarks and structures of merit.

To review and make recommendations on applications for conditional use permits, zoning amendments, or zoning variances for historic landmarks and structures of merit.

To seek means and sources for the protection, retention and preservation of historic resources through financial support from individuals and public and private entities.

To recommend grants, tax incentives, and benefits to encourage redevelopment of historically significant structures or neighborhoods.

To encourage public participation in the nomination, review and permitting processes for historic resources.

To adopt and make available nomination, application and review procedures to designate historic landmarks or structures of merit.

To implement the Secretary of the Interior's standards.

(Ord. 16-2060 § 1, 2016; Ord. 97-1812 § 1, 1997)

§ 17.81.050 Historic designation criteria.

The following criteria shall be used by the planning commission and city council in designating any property as a historic landmark or structure of merit:

It exemplifies or reflects special elements of the city's cultural, social, economic, political, aesthetic, engineering, architectural or natural history; or

It is identified with persons or events significant in local, state, or national history; or

It represents the work of a notable builder, designer, or architect; or

It embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship; or

It contributes to the significance of an historic area, being a geographically definable area possessing a concentration of historic or scenic properties or thematically related grouping of properties which contribute to each other and are unified aesthetically by plan or physical development; or

It is one of the few remaining examples in the city of Covina, region, state, or nation possessing distinguishing characteristics of an architectural or historic type or specimen.

Nomination for historic designation shall be considered in accordance with the following procedures:

Nominations may be filed by the city council, planning commission, director, any property owner, the Covina historic society, any community or ethnic association, or any Covina citizen.

With respect to nominations for individual historic landmarks or structures of merit, no application shall be accepted without the written consent of the owner of the property to which the nomination pertains. The owner may withdraw this consent prior to the city council's final determination. Such withdrawal shall terminate the nomination proceedings for the subject property.

Nomination shall be made to the planning commission on a form provided by the planning division. The nomination shall provide sufficient documentation and information indicating how the proposal meets the designation criteria. The chief planning official shall establish a nomination form and minimum information requirements.

Written notice shall be sent by mail to each property owner within 300 feet of the boundaries of the property upon which is located the proposed structure of merit or historic landmark that is the subject of the hearing, which shall be set within 60 days of when the application is found to be complete. The notice shall indicate the date, place, time, and purpose of the hearing to consider such designation and shall be published at least once in a newspaper of general circulation in the city not less than 10 days prior to hearing. The chief planning official shall send notice by certified mail to the owner(s) of all properties proposed for nomination as historic landmarks or structures of merit. The notice shall include a written summary of application of the nomination and seek a written statement of consent or opposition.

The planning commission shall conduct a public hearing at which all evidence and testimony shall be considered. Recommendations may be for approval, or approval with conditions, or denial. The recommendation shall be forwarded to the city council within 60 days for action in the form of a nomination statement.

Upon receipt of nomination, city council shall set a hearing within 45 days for consideration and provide notice in the manner presented in this section. The city council shall render its decision within a timely period of time.

The city shall notify the affected owners of designation by certified mail within 10 days.

Failure to send notice by certified 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.

Upon designation by the city council, the city clerk shall record the city council's decision in the office of the county recorder of the county of Los Angeles in the form of a designation statement, in fact or by reference.

10.

No deliberate action may be taken which is inconsistent with CMC § 17.81.060(C)(3)(a) which would deface or destroy the proposed historic landmark or structure of merit and no permits shall be issued while the nomination process, including public hearing, is pending.

An application to repeal a historical designation may be considered in the same manner provided by this chapter if the resource no longer meets designation criteria for reasons such as the subsequent discovery of substantial information on the significance of the resource or destruction of the resource by a catastrophic event.

(Ord. 23-10 § 29, 2023; Ord. 16-2060 § 1, 2016; Ord. 97-1812 § 1, 1997)

§ 17.81.060 Historic structure modification certificate.

No alteration or demolition may be conducted on a designated historic landmark or structure of merit without first obtaining a historic structure modification certificate from the city.

Application. An application for a historic structure modification certificate shall be filed with the city by the applicant. The chief planning official shall be responsible for reviewing an application for compliance with the Secretary of the Interior's Standards as well as all local standards and criteria. Where practical, the historic structure modification certification may be combined with the existing permit process for construction and demolition of structures and buildings.

Approval authority for a historic structure modification certificate application shall be divided into two categories as follows:

Minor projects shall be administratively reviewed by the chief planning official who shall have approval authority. These include but are not limited to:

Replacement of an element of a historic landmark or structure of merit with similar elements or additional elements which do not significantly impact the character, history, or architectural style of the structure.

Room and patio additions to structures of merit where the architectural design is compatible with the original building and the surrounding area and the project does not otherwise require review by the planning commission.

The demolition or construction of accessory structures where the accessory structure proposed for demolition is not a landmark structure and any new structure is of a style, architecture and color that is compatible with the main building.

Room additions to a historic landmark that are less than 500 square feet in area and do not alter the architectural character of the building or structure.

Interior construction and/or remodeling where such work does not adversely impact a significant historical feature of the house.

Major projects shall be reviewed by the planning commission who shall have approval authority and include but are not limited to:

Any changes which significantly alter the architectural character, height, proportion, the relationship of the building mass and space, roof shape, scale, or distinctive facades of a structure of merit or a historic landmark.

Demolition or relocation of an historic landmark or a structure of merit and/or the construction of new primary use buildings.

Room additions to a historic landmark which exceed 500 square feet in area.

Notice and Hearing. No notice is required for a minor project. The procedures and public notice to consider a major project shall be the same as CMC § 17.81.050(B).

Findings. The consideration of a historic structure modification certificate shall be directed by the following criteria:

Height. Any proposed construction shall be compatible with the height and bulk of contemporary historical development in the vicinity and with maximum conformance for the applicable zoning district.

ii.

Proportions of Windows and Doors. Proportions and relationships between doors and windows shall be compatible with the architecture and character of the contemporary historical development in the vicinity, and be of an appropriate material.

iii.

Relationship of Building Masses and Open Spaces. The relationship between proposed structures and open spaces or between remodeled structures and created spaces shall be consistent with shapes and setbacks of contemporary historical development in the vicinity.

iv.

Roof Shape. Design shall be compatible with the architectural character and style of surrounding structures, gables, turrets, and other roof forms.

Scale. Structure shall be compatible with the architectural character and style of contemporary historical development in the vicinity. New architecture shall be sensitive through proper scale and materials.

vi.

Architectural Details. Architectural details, including materials and textures, shall be treated so as to make any new construction compatible with the architectural style and character of contemporary historical development in the vicinity.

vii.

Architectural Rhythm and Articulation. All proposed structure or facade remodeling shall show sufficient and rhythmic repetition of details to be compatible with facade articulation of contemporary historical development in the vicinity.

viii.

New additions and adjacent related new construction shall be undertaken so that it will not impair essential form and integrity of the historic property if the addition or construction is removed in the future.

ix.

All exterior mechanical equipment shall be screened from view with acceptable and appropriate screens, parapet walls, landscaping, or other screen forms. Design, style, color and texture shall be compatible with the existing or proposed building/facade design.

Findings to approve demolition of over 40 percent of a historic landmark or structure of merit:

That retention of the historic building or structure will constitute a significant economic hardship as defined in this chapter; and/or

That demolition of the historic structure is necessary to allow development of a project which is of overriding community importance.

ii.

The applicant fully intends to construct a replacement structure, has obtained the necessary financial commitment, and has obtained site plan approval pursuant to this title; or

If the applicant does not intend to develop a replacement structure, that the existing historic structure constitutes a substantial threat to the public health, safety and welfare which cannot be reasonably mitigated by measures other than demolition.

Appeal Procedure. The decision on a historic structure modification certificate may be appealed as follows:

The chief planning official's determination may be appealed to the planning commission. The planning commission's decision may be appealed to the city council.

All appeals shall be in writing stating the reasons for appeal and filed with the planning division within 10 days from the decision. An appeal shall stay all actions, abeyances, or other discretionary approvals.

Appeals shall be scheduled for the earliest regular meeting and consistent with the agenda procedures of the planning commission and city council. There shall be no fee charged for the appeal.

Notice of the appeal shall be provided in accordance with CMC § 17.81.050(B).

Certificate of Economic Hardship. The planning commission shall not deny a historic structure modification certificate if such action would result in a significant economic hardship that would deny the property owner reasonable use and economic return on the property. In such case the planning commission shall issue a certificate of economic hardship along with the historic structure modification certificate. The procedures and standards for considering economic hardships shall be as follows:

The owner of an historic landmark or structure of merit may request that an alteration, demolition or relocation be conducted even though it does not meet the findings for such certificate if the owner can substantiate the suffering of significant economic hardship that denies the owner reasonable use or economic return.

The applicant presents facts and clear evidence demonstrating immediate and substantial economic hardship if the planning commission fails to approve the historic structure modification certificate.

Economic hardship shall mean a substantial burden to the owner of the property and is unreasonable in comparison to the benefit conferred to the community. To approve a certificate of economic hardship, the planning commission must make the following findings:

Denial will significantly diminish the value of property.

ii.

Sale or rental is not practical when compared to the zoning or permitted uses. This pertains to commercial properties only.

iii.

Utilization of the property for adaptive reuse is impractical.

iv.

Rental at a reasonable rate is not feasible. This pertains to commercial properties only.

All means involving city-sponsored incentives, such as tax abatement, financial assistance, building code modifications, amendments to the zoning ordinance, loans, grants, and reimbursement have been explored to relieve possible economic hardship and have been found to be inadequate to reasonably mitigate the impact.

When requested by the planning commission, the applicant shall furnish adequate evidence supporting the claim of economic hardship. The planning commission may request any of the following information when reasonably necessary to render a decision:

Cost estimate of proposed work and additional costs that would be incurred by complying.

ii.

Report on structural soundness and rehabilitation feasibility from a licensed engineer or architect experienced in rehabilitation.

iii.

A fair market appraisal from an appraiser of current and estimated value after completion of proposed construction, alteration, demolition, or removal.

iv.

Proposed demolition requires an estimate from an architect, appraiser, or other professional experienced in rehabilitation stating that it is economically unreasonable to rehabilitate, relocate, or reuse existing structure on the property.

For income-producing properties, information on annual gross income, operating and maintenance expenses, depreciations and annual cash flow after debt service, and real property.

vi.

Any other information that the planning commission finds is necessary to render a decision.

Staff shall prepare a report analyzing evidence and shall include, where possible, a hardship relief plan, with recommendations such as property tax relief, loans, or grants, acquisitions of property, use of the State Historic Building Code, changed zoning regulations, and redevelopment funds.

Planning commission shall review evidence and staff's relief plan and determine whether denial of historic structure modification certificate has or will deprive owner of reasonable use or reasonable economic return.

If facts and clear evidence demonstrate the applicant's claim for economic hardship and that the proposed relief plan cannot provide sufficient mitigation, then the planning commission may recommend to the city council to approve or conditionally approve such certificate. The final decision shall be made by the city council.

In the matter of the issuance of the historic structure modification permit, the above entitled procedure shall be implemented. If the planning commission recommends to the city council denial of the request and the council concurs, then the applicant will be notified by certified mail of the historic structure modification certificate and certificate of economic hardship denials.

If a historic structure modification certificate and certificate of economic hardship would result in the demolition of a historic landmark or structure of merit the applicant shall provide the following documentation:

Photographs of exterior and interior of the structure;

ii.

Site plan(s), floor plan(s) and any significant exterior elevations;

iii.

Scale drawings;

iv.

Archaeological survey (where applicable); and

Other reasonable documentation to preserve historical knowledge as required by the planning commission.

(Ord. 16-2060 § 1, 2016; Ord. 97-1812 § 1, 1997)

§ 17.81.070 Emergency demolition.

Historic landmarks and structures of merit that have been severely damaged because of an emergency declared by the President of the United States, Governor of California or the mayor of Covina and present an imminent threat to public safety and cannot be secured against intrusion or entry shall be exempt from the provisions of this chapter. A determination for demolition shall be made by one of the following: building safety officer, city manager, or disaster chairman in conjunction with planning division and, when practical, the planning commission.

(Ord. 16-2060 § 1, 2016; Ord. 97-1812 § 1, 1997)

§ 17.81.080 Maintenance and care.

The owner or other person in charge of a historic landmark or structure of merit shall keep in good repair all of the exterior and interior portions specified in the designation statement and all interior portions necessary to prevent deterioration and decay of any/all architectural features.

Ordinary Upkeep, Maintenance and Repair. Nothing in this chapter shall be construed to prevent ordinary maintenance, upkeep and repair, nor does this chapter prevent construction, reconstruction, alteration, restoration, demolition, or removal when certified by the planning commission that action is required for the public safety due to unsafe conditions which cannot be rectified through the use of the California State Historical Building Code.

(Ord. 16-2060 § 1, 2016; Ord. 97-1812 § 1, 1997)

§ 17.81.090 Historic preservation participation incentives.

In order to foster preservation of Covina's cultural heritage and built urban history environment, the following incentives for participation are only available to historic landmarks or structures of merit:

State Historic Building Code. Any alteration made for preservation, rehabilitation, restoration, or relocation of an historic landmark or structure of merit shall be allowed to comply with the requirements of the State Historical Building Code pursuant to the California Health and Safety Code Section 18950 et seq. rather than the otherwise applicable building and safety codes. This section does not apply to requirements for fire sprinkler systems as provided for elsewhere in the municipal code.

Mills Act Contracts. The city council authorizes the use of contracts pursuant to California Government Code Section 50280 et seq. Such contracts, which shall be administered by the community development department, planning division may be entered into at the sole discretion of the city council based on the recommendations of the planning commission in a form to be approved by the city attorney. The intent of such contracts shall be the continued preservation of historic properties. The subject property must be a historic landmark or structure of merit.

Fee Relief. The applicable building construction or planning review permit fees shall be 30 percent of the actual permit fee at time of issuance. This shall not apply to the historic structure modification certificate.

Setback Flexibility. Room additions may be constructed at a setback less than provided for under the zoning chapter of this code provided it is no closer than the existing structure and the addition complies with Uniform Building Code.

Relief from Nonconforming Parking Requirements. Additions to single-family residences with an additional floor area that does not exceed 50 percent of the existing floor area in any 12-month period shall not be required to provide additional parking according to current standards. Multiple-family dwellings adding additional dwelling units within existing zoning standards shall not be required to bring the existing unit(s) into compliance with current parking standards.

Recognition. The planning commission shall establish a program to recognize historic properties with special plaques, signage and other appropriate forms of recognition.

Financial Benefits. Owners of such properties are eligible to apply for private, local, state and federal financial benefits as available.

(Ord. 16-2060 § 1, 2016; Ord. 97-1812 § 1, 1997)

§ 17.81.100 Delay of demolition permit.

A committee comprised of the city manager, community development director, public works director and parks and recreation director may vote to delay for up to 30 days the approval of a permit to demolish a potential historic landmark when the following apply:

The structure is of exceptional historical significance and age and occupies a prominent site in the community.

The city council has not previously declined to designate the structure as a historic landmark or structure of merit.

(Ord. 97-1812 § 1, 1997)

§ 17.81.110 Enforcement and penalties.

Any person, whether owner, agent, or otherwise, who violates a requirement of this chapter or fails to comply with a condition of approval of any certificate or permit issued shall be guilty of a criminal misdemeanor and subject to provisions of Chapter 1.28 CMC.

Any person or entity who unlawfully constructs, alters, demolishes, relocates or removes an historic landmark or structure of merit may be required to restore the building or structure to its original setting prior to the violation. Any action to enforce this provision shall be implemented by the city of Covina or any other entrusted party. This civil remedy shall be in addition to any criminal prosecution and penalty and any other remedy provided by law.

Demolition of a historic landmark or structure of merit in violation of this chapter may result in the denial of building or construction-related permits or permits for use as a parking area. The question of denial and the period of its duration shall be based on the significance of the lost building or structure and the nature of the violation.