La Canada Flintridge
City Zoning Code
City Zoning Code
CHAPTER 11
90 HISTORIC PRESERVATION
§ 11.90.010 Purpose.
The purpose of this chapter is to promote the public health, safety, and general welfare through the following measures:
A.
Safeguard the heritage of the city by protecting resources that reflect its cultural, historic and architectural legacy;
B.
Promote public understanding, appreciation and involvement in the unique heritage of the city;
C.
Foster civic pride in the beauty and notable accomplishments of the past;
D.
Enhance the visual and aesthetic character of the city;
E.
Promote the maintenance and use of historic resources;
F.
Ensure that the rights of the owners of historic resources and owners of properties adjacent to historic resources are safeguarded;
G.
Fulfill the city's responsibilities under the California Environmental Quality Act regarding historic resources;
H.
Implement the historic preservation goals, policies, and programs of the general plan.
(Ord. 495 § 1, 2020)
§ 11.90.020 Definitions.
The following words, as used in this chapter, shall have the respective meanings assigned to them in the following definitions:
means any exterior change or modification to the character-defining or significant, physical improvements or architectural features of a historic resource. Alteration shall include new construction of additions, but not include ordinary maintenance and repairs.
means an exterior design element of a historic resource embodying the style thereof, including, but not limited to, the kind, color, texture of building materials; tile and iron work; the type, style, and arrangement of windows, doors, lights, signs and other fixtures appurtenant to such structure; and, on a larger scale, includes siting, composition and massing (the number, placement and size of improvements).
means the discretionary approval required before exterior alterations, additions or demolitions related to a historic resource can be permitted.
means the city of La Cañada Flintridge.
means the city clerk of the city of La Cañada Flintridge or designee.
means the city's official list of historic or architecturally significant sites, places, or landmarks.
means the planning commission of the city of La Cañada Flintridge.
means a Mills Act contract.
means the complete destruction or removal of a building or structure or removal of more than 30% of the perimeter walls or roof thereto without a substantially similar replacement.
means the city's director of community development, or designee.
means any improvement, historic landmark or other object of cultural, architectural or historic significance to the citizens of the city, the region, the state or the nation, which has previously been designated for historic preservation on a federal, state or the city's official register as set forth in Section 11.90.040 below.
means an agreement authorized by this chapter and California Government Code Section 50280 et seq., as amended.
means a preservation architect, architectural historian or other professional who meets one of the professional qualifications standards as defined by the National Park Service (1992, N.P.S.).
means privately owned property which is not exempt from property taxation and which is:
Listed in the National Register of Historic Places or located in a registered historic district, as defined in Section 1.191-2(b) of Title 26 of the Code of Federal Regulations; or
Listed in any California or county of Los Angeles official register of historic or architecturally significant sites, places, or landmarks;
Designated as a historic resource and listed in the city's official register and as subsequently amended; or
Not designated or listed in the city's official register, but includes an application for designation prepared by a qualified consultant and submitted concurrently with an application for a Mills Act contract. The nomination must be deemed complete by the Mills Act application deadline; or
Not identified as a historic resource due to inappropriate alterations, but includes an application for designation prepared by a qualified consultant submitted concurrently with an application for a Mills Act contract, if/when the proposed work program results in exterior restoration and/or reconstruction of historic and architectural features and if the work is in compliance with the Secretary of the Interior's Standards for Rehabilitation. The nomination must be deemed complete by the Mills Act application deadline.
means the Secretary of the Interior's Standards for Rehabilitating Historic Buildings, issued by the U.S. Department of the Interior, National Park Service (36 CFR Part 67) and the publications of the National Park Service, Preservation Assistance Division, Guidelines for Rehabilitating Historic Buildings (1992, N.P.S.) and The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (1995, N.P.S.), and any subsequent publication on the Secretary's Standards by the N.P.S.
means Part 8 of Title 24 (California Building Standards Code) of the California Code of Regulations.
(Ord. 495 § 1, 2020)
§ 11.90.030 Criteria for designation of historic resources (city's official register).
Evaluation of Historic Resources. When considering applications to designate a historic resource, the commission may recommend that the city council add the subject property to the city's official register if the property satisfies at least one of the following criteria:
A.
The property is identified with persons or events significant in local, regional, state or national history; and/or
B.
The property is representative of the work of a notable builder, designer or architect; and/or
C.
The property embodies one or more distinctive characteristics of style, type, period, design, materials, or craftsmanship; and/or
D.
The property has a unique location or physical characteristics or represents an established and familiar visual feature of neighborhood, community, or the city.
(Ord. 495 § 1, 2020)
§ 11.90.040 Designation process for historic resources (city's official register).
A.
Any person who wishes to request that a property be designated as a historic resource and included in the city's official register shall submit an application to the director along with any required supporting documents (historic resources report) and any required fees approved by the city council by resolution. the application shall be on a form approved by director.
B.
Upon receipt of a complete application, the director shall schedule a public hearing before the commission for its review and consideration of the application. Notice of the public hearing shall be provided in writing to the property owner of the subject property, the property owners of properties within 300 feet of the subject property and in a newspaper of general circulation at least ten days prior to the public hearing. The notice shall state the date and time of the public hearing and a brief description of the item. Notice shall be by first-class U.S. mail.
C.
Following the close of the public hearing, the commission may recommend that the city council designate the subject property as a historic resource, adding it to the city's official register if the property satisfies at least one of the criteria set forth in Section 11.90.030.
D.
The recommendation of the commission, whether to approve or deny the application, shall be forwarded to the city council for its consideration at a noticed public hearing. Notice of the public hearing shall be provided in accordance with subsection B of this section. Following such hearing by the city council, it shall consider the matter and determine whether the subject property shall be designated a historic resource and added to the city's official register based on the criteria set forth in subsection A of this section. The city council's determination shall be by resolution and therein authorize the mayor to execute a declaration of designation.
E.
The designation of a historic resource shall be approved by a declaration of designation executed by the Mayor and mailed to the owner of record of the designated property.
F.
The city clerk shall record the declaration in the office of the county recorder.
G.
Any property designated as a historic resource and listed on the city's official register shall be eligible for a contract with the city under the Mills Act, which provides for property tax relief and for the preservation of those historic properties. Mills Act contracts are governed by Section 11.90.090(C) of this chapter.
H.
The city's official register shall be maintained by the director and available in his or her office.
(Ord. 495 § 1, 2020)
§ 11.90.050 Rescinding a designation.
A.
Any person who wishes to rescind the historic resource designation shall submit an application to the director along with any required supporting documents and any required fees approved by the city council by resolution. The application shall be on a form approved by director.
B.
Upon receipt of a complete application, the director shall schedule a public hearing before the commission for its review and consideration of the application. Notice of the public hearing shall be provided in writing to the property owner of the subject property, and to the property owners of properties within 300 feet of the subject property and in a newspaper of general circulation at least ten days prior to the public hearing. The notice shall state the date and time of the public hearing and a brief description of the item. Notice shall be by first-class U.S. mail.
C.
Following the close of the public hearing, the commission may recommend that the city council rescind the historic resource designation if:
1.
If the subject property no longer satisfies the criteria listed in Section 11.90.030(A); or
2.
If the property owner requests removal for reasonable cause and reasonable cause has been demonstrated to the commission.
D.
The recommendation of the commission, whether to approve or deny the application, shall be forwarded to the city council for its consideration at a noticed public hearing. Notice of the public hearing shall be provided in accordance with subsection B of this section. Following such hearing by the city council, it shall consider the matter and determine whether the subject property shall be removed from the city's official register based on the criteria set forth in Section 11.90.030(A) above. The city council's determination shall be by resolution.
E.
The city clerk shall file for removal of the recordation with the office of the county recorder.
F.
If a property is approved for removal from the city's official register, but is still subject to a Mills Act contract, the removal from the city's official register shall not be effective until the Mills Act contract is canceled by the city or the term of the contract has expired following the non-renewal of the Mills Act by the property owner.
(Ord. 495 § 1, 2020)
§ 11.90.060 General regulations for historic resources.
A.
No discretionary or ministerial permit shall be issued by the city for the alteration or demolition of a historic resource unless and until the applicant obtains a certificate of appropriateness as provided in this section.
B.
The provisions below shall govern permits for alteration of a historic resource.
1.
The applicant shall submit a report from a qualified consultant (meeting one of the professional qualifications standards as defined by the National Park Service) wherein the consultant shall opine whether the proposed alterations to the historic resource are consistent with the Secretary of the Interior's Standards for Rehabilitation, and related guidelines. In lieu of providing said report, the applicant may submit a deposit to the city to fully reimburse the city for the preparation of a report by a consultant selected by the city. The report may also include recommendations to make the proposed alterations consistent with the Secretary of the Interior's Standards for Rehabilitation.
2.
The applicant shall also submit:
a.
Plans and specifications showing the proposed exterior appearance;
b.
Materials and colors to be used on the exterior of the resource;
c.
Relationship of the proposed work to the surrounding environment, if necessary;
d.
Relationship to the existing scale, massing, architectural style, site and streetscape, and landscaping; and
e.
Any other information determined by the director to be necessary for review of the proposed alteration.
f.
Fee in amount set forth by resolution of the city council.
3.
The director shall only issue a certificate of appropriateness (alteration) if the director determines that the proposed alterations are consistent with the Secretary of the Interior's Standards for Rehabilitation and related guidelines.
4.
Notwithstanding the foregoing, the following actions will be deemed to not affect the historic integrity of the structure and are exempt from review under this section:
a.
Routine maintenance and minor repairs;
b.
Exterior painting if the color, texture, and general appearance matches the existing exterior painting;
c.
Interior alterations;
d.
Replacing deteriorated roofing materials with the same type of material already in use;
e.
Replacing damaged chimneys with the same type already in use;
f.
Addition or removal of screens, awnings, canopies and similar incidental appurtenances;
g.
Addition or removal of yard walls and fences;
h.
Addition or removal of landscaping; and
i.
Addition or removal of driveways and walkways or other flat concrete work.
C.
The provisions below shall govern permits for demolition of a historic resource.
1.
A certificate of appropriateness (demolition) shall be required prior to demolition. The certificate of appropriateness (demolition) shall be subject to compliance with the California Environmental Quality Act ("CEQA") and be issued prior to issuance of a demolition permit by the city's building and safety division.
2.
The following procedure shall be completed prior to issuance of the certificate of appropriateness (demolition):
a.
The applicant shall submit an application for certificate of appropriateness (demolition) along with an application fee in an amount set forth by resolution of the city council.
b.
Upon receipt of a complete application and after compliance with CEQA, the director shall schedule a public hearing before the commission for its review and consideration of the application. Notice of the public hearing shall be provided in writing to the property owner of the subject property, to the property owners of properties within 300 feet of the subject property and in a newspaper of general circulation at least ten days prior to the public hearing. The notice shall state the date and time of the public hearing and a brief description of the item. Notice shall be by first-class U.S. mail.
c.
Following the close of the public hearing, the commission may recommend that the city council approve the application if the commission finds that demolition is necessary for any one of the following reasons:
i.
All efforts to restore, rehabilitate, and/or relocate the structure have been exhausted; or
ii.
Restoration/rehabilitation is not practical because the extensive alterations required would render the resource not worthy of preservation; or
iii.
Failure to demolish the resource would adversely affect or detract from the character of the neighborhood.
d.
The recommendation of the commission, whether to approve or deny the application, shall be forwarded to the city council for its consideration at a noticed public hearing. Notice of the public hearing shall be provided in accordance with subsection (C)(2)(b) of this section. Following such hearing by the city council, it shall consider the matter and determine whether to issue the certificate of appropriateness (demolition) based on the criteria set forth in subsection (C)(2)(c) of this section. The city council's determination shall be by resolution.
e.
Notwithstanding the foregoing, a certificate of appropriateness (demolition) shall not be required if an unsafe or dangerous condition exists that cannot be rectified under the California State Historic Historical Building Code.
f.
A certificate of appropriateness (demolition) shall not be granted unless and until a development application or proposal for development of the subject property has been submitted to the city describing what will replace the demolished historic resource. The development application and certificate of appropriateness (demolition) shall be processed and considered concurrently with one another.
D.
If a certificate of appropriateness (demolition) is granted, the director shall recommend that the city council concurrently rescind the historic resource designation and remove the subject property from the city's official register, as applicable. Compliance with Section 11.90.050 shall not be required except that the city council's determination shall be by resolution.
E.
Notwithstanding any other provision of this chapter, the director may authorize permits to demolish, relocate, remove, or significantly alter a designated or eligible historic resource if a permit is necessary for the preservation of the health and safety of the public.
(Ord. 495 § 1, 2020)
§ 11.90.070 Historic resources reports.
A historic resources report shall, at a minimum, set forth the following information about the subject building or structure:
1.
Year completed;
2.
Architectural style/physical description;
3.
Photographs;
4.
Architect/builder – brief history of architect and/or builder;
5.
Ownership History – brief biography of owners – highlight notable owners;
6.
Permit history;
7.
Assessor's information;
8.
Historic significance/significance evaluation;
9.
A description of the integrity of the property; and
10.
Other supporting documentation as determined by the director.
(Ord. 495 § 1, 2020)
§ 11.90.080 Penalties.
A.
If a historic resource is demolished without compliance with the requirements of this chapter, no building or construction-related permits shall be issued for a period of five years from the date of demolition as reasonably determined by the director.
B.
If a historic resource is altered without compliance with the requirements of this chapter, no building or construction-related permits shall be issued for a period of three years from the date of alteration as reasonably determined by the director, except for nonstructural maintenance or to correct a code deficiency or health and safety issue.
(Ord. 495 § 1, 2020)
§ 11.90.090 Incentives for properties designated as historic resources.
A.
State Historical Building Code. All designated historic resources shall be eligible to utilize the State Historical Building Code for reasonable alternatives or reasonable levels of equivalency in situations where strict compliance with established statutes or regulations would negatively affect an historic resource's historic appearance.
B.
Waiver of Covered Parking Requirements. For designated historic resources, the requirement for two covered parking spaces — when adding a bedroom to a residential dwelling — shall be waived if an existing one-car garage contributes to the significance of the property and it is in good condition or, if deteriorated, it will be returned to good condition as part of the work to add new living space to the dwelling.
C.
Mills Act.
1.
Purpose. The city council desires to foster the preservation, rehabilitation and maintenance of landmark and historic properties in the city of La Cañada Flintridge. In furtherance of this policy, the purpose of this chapter is to implement the Mills Act (California Government Code Section 50280 et seq., as amended) and establish a process to enter into contracts with owners of qualified historic properties, for property tax relief and for the preservation of those historic properties. The Mills Act preservation incentive will support the goals and objectives of the general plan by encouraging the maintenance and preservation of historic structures. (CNE Goal 3: Encourage the preservation of significant historical resources within the city.)
2.
Eligibility. Approval of Mills Act contracts shall have the following limitations on eligibility:
a.
Mills Act contracts shall be limited to qualified historic properties.
b.
The total city property tax revenue reduction in any one year, of all existing and newly approved Mills Act contracts combined, shall not exceed $30,000 or $3,000 for any one individual property, unless approved by the city council.
c.
Mills Act contracts shall be limited to properties that are in need of restoration and/or rehabilitation at the time of application as demonstrated by a detailed and specific work program that enumerates elements that are visible from the street and/or building systems that protect the overall structural integrity of the house (seismic retrofitting, electrical systems, plumbing, roofing, etc.).
3.
Administrative Guidelines and Procedure for Approval of Mills Act Contracts. City council, shall issue administrative guidelines for implementation of the Mills Act contract process, by resolution.
4.
Concurrent Review. An application for historic resources designation (inclusion on the city's official register) and an application for approval of a Mills Act contract, may be reviewed concurrently. Final action on the city's official register shall first be taken before final action on the approval of a Mills Act contract.
5.
Required Provisions in Mills Act Contracts. A Mills Act contract shall include provisions required by applicable state law and those provisions required by the city including, but not limited to:
a.
The term of the Mills Act contract shall be for a minimum period of ten years.
b.
Each Mills Act contract shall provide that on the anniversary date of the contract or such other annual date as is specified in the contract, a year shall be added automatically to the initial term of the contract unless notice of nonrenewal is given as provided in this section. Each contract shall also provide that after five years, and every five years thereafter, the director or designee shall inspect the interior and exterior of the premises to determine the owner's continued compliance with the contract. If the property owner or the city council desire in any year not to renew the contract, that party shall serve written notice of nonrenewal of the contract on the other party in advance of the annual renewal date of the contract. Unless the notice is served by the owner at least 90 days prior to the renewal date or by the city council at least 60 days prior to the renewal date, one year shall automatically be added to the term of the contract.
c.
Each Mills Act contract shall provide that, for the preservation of the qualified historic property and, when necessary, the property owner restore and rehabilitate the property to conform to the rules and regulations of the State Office of Historic Preservation, the United States Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code.
d.
Each Mills Act contract shall provide for an inspection of the interior and exterior of the premises by the city prior to a new agreement, and every five years thereafter, to determine the owner's compliance with the Mills Act contract. The property owner further agrees to allow the city to photograph the subject property.
e.
The owner agrees to permit periodic examination of the interior (if applicable) and exterior of the premises by the Los Angeles County assessor, the State Board of Equalization, the State Department of Parks and Recreation, and/or any other governing agency as may be necessary to verify the owner's compliance with the Mills Act, and to provide any information requested to ensure compliance with the Mills Act.
f.
The Mills Act contract shall be binding upon, and inure to the benefit of, all successors in interest of the owner. A successor in interest shall have the same rights and obligations under the contract as the original owner who entered into the contract. An updated Mills Act contract shall be entered into with new owners of the subject property.
g.
The Mills Act contract shall state that the city may cancel the contract after a duly noticed public hearing if it determines that the property owner has breached any of the conditions of the Mills Act contract or has allowed the property to deteriorate to the point that it no longer meets the criteria under which it was designated on the city's official register. The Mills Act contract shall state that if the city cancels the contract pursuant to this section, the owner shall pay the state of California a cancellation fee of twelve and one-half (12 ½) percent of the full value of the property at the time of cancellation, as determined by the Los Angeles County assessor without regard to any restriction on the property imposed by the Mills Act contract.
h.
The Mills Act contract shall provide that, as an alternative to cancellation, the city may bring an action for specific performance, injunction, or other action necessary to enforce the Mills Act contract.
i.
The Mills Act contract may provide that modifications to any approved work plan require review and approval by the director.
j.
The Mills Act contract shall also provide that in the event preservation, rehabilitation, or restoration becomes infeasible due to damage caused by natural disaster (e.g., earthquake, fire, flood, etc.), the contract may be cancelled by the city, or upon the owner's application, without requiring the owner to pay the state of California the above-referenced cancellation fee as a penalty. However, in this event, a contract shall not be cancelled by the city unless the city determines, after consultation with the state of California Office of Historic Preservation, in compliance with Public Resources Code Section 5028, that preservation, rehabilitation, or restoration is infeasible.
6.
Cancellation of Mills Act Contracts.
a.
If the city council determines that the owner has breached any of the conditions of a Mills Act contract or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property, the city council shall do one of the following:
b.
Prior to the proposed cancellation of a Mills Act contract, the city council will conduct a public hearing to determine if the contract shall be cancelled. Written notice of the public hearing shall be provided to the property owner at least ten days prior to the public hearing in addition to any other notice required under applicable state law.
c.
Concurrent with any termination of a Mills Act contract, the city council may also consider removal of the subject property from the city's official register if the subject property no longer satisfies the criteria to be listed on the city's official register.
(Ord. 495 § 1, 2020)