This chapter shall be known as the Historic Preservation Ordinance of the City of Monrovia.

(`83 Code, § 17.40.010) (Ord. 94-03 § 6, 1994; Ord. 95-01 § 2, 1995)

   The City Council of the City of Monrovia has determined the following to be the intent and purpose of historic preservation in the City of Monrovia:

   (A)   That the character, history and neighborhood identity of the city are reflected in and are reflections of its cultural, 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 understand the rich heritage of the city.

   (C)   That city landmarks, neighborhoods, and other areas of historical and cultural interest are increasingly facing the threats of modernization and urbanization.

   (D)   That pursuant to the provisions of the National Historic Preservation Act of 1966, as amended, the City of Monrovia 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 Monrovia are required in the interest 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 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 a 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; and

      (12)   To encourage public participation in identifying and preserving historical and architectural resources thereby increasing community pride in the city's cultural heritage.

(`83 Code, § 17.40.020) (Ord. 94-03 § 6, 1994; Ord. 95-01 § 2, 1995)

   This chapter shall apply to all cultural and historical resources within the corporate boundaries of the City of Monrovia.

(`83 Code, § 17.40.030) (Ord. 94-03 § 6, 1994; Ord. 95-01 § 2, 1995)

   As used in this chapter, these words have the following meanings:

(`83 Code, § 17.40.040) (Ord. 94-03 § 6, 1994; Ord. 95-01 § 2, 1995)

   The provisions of this chapter shall be overseen by the Historic Preservation Commission with support from the Department of Community Development as provided in Chapter 2.54.

(`83 Code, § 17.40.050) (Ord. 94-03 § 6, 1994; Ord. 95-01 § 2, 1995)

      (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, or architect.

      (3)   It contributes to the significance of an historic area, being a geographically definable area possessing a concentration of not less than 50% of historic or architecturally related grouping of properties which contribute to each other and are unified aesthetically by physical layout or development.

      (4)   It embodies one or more distinctive characteristics of style, type, period, design, materials, detail, or craftsmanship.

      (5)   It has a unique location or physical characteristics or represents an established and familiar visual feature of neighborhood, community, or the City of Monrovia.

      (6)   It incorporates elements that help preserve and protect an historic place or area of historic interest in the city.

      (7)   It has yielded, or may be likely to yield information important in prehistory or history.

(`83 Code, § 17.40.060) (Ord. 94-03 § 6, 1994; Ord. 95-01 § 2, 1995)

   Historic Landmarks and Historic Districts shall be established by the City Council in the following manner:

   (A)   With respect to nominations for an Historic Landmark, no application shall be accepted without the written consent of the owner of the property to which the nomination pertains;

   (B)   With respect to nominations for Historic Districts, no application shall be accepted without at least 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. By way of example, if the proposed historic district were composed of 20 distinguishable properties, then owners of 11 properties would be required to consent to the designation;

   (C)   Any person may nominate for designation as an Historic Landmark or Historic District any improvement, site, natural feature or grouping thereof that meets one or more of the designation criteria and is accompanied by the respective consent required;

   (D)   Nomination shall be made to the Commission on a form provided by the Planning Division and shall be accompanied by the applicable fee. The nomination shall provide sufficient documentation and information indicating how the proposed Historic Landmark or Historic District meets the designation criteria;

   (E)   Any alteration included in a pending nomination shall be subject to review by the City Council;

   (F)   Written notice shall be sent to each property owner within 100 feet of the proposed Historic Landmark or Historic District that is the subject of the hearing. 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 ten days prior to the hearing;

   (G)   The 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 then be forwarded to the City Council for action in the form of a nomination statement;

   (H)   The City Council, upon receipt of the nomination statement, shall set the matter for consideration within 30 days of filing said Statement with the City Clerk and shall render its decision thereon in the form of a resolution or, if appropriate, a designation statement within 30 days after the date set for consideration;

   (I)   The city shall notify the affected owner(s) in writing of the final action of the City Council with respect to the proposed designation;

   (J)   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;

   (K)   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 of a designation statement, in fact or by reference.

(`83 Code, § 17.40.070) (Ord. 94-03 § 6, 1994; Ord. 95-01 § 2, 1995)

   The review and protection measures outlined in this chapter are intended to preserve Historic Landmarks and Historic Districts as well as those cultural and historic resources located in the City of Monrovia 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 Cal. Gov’t Code § 65950, as amended from time to time.

(`83 Code, § 17.40.080) (Ord. 94-03 § 6, 1994; Ord. 95-01 § 2, 1995)

   (A)   No alteration or demolition may be conducted at Historic Landmarks or Historic Districts, without first obtaining a certificate of appropriateness from the Commission.

      (1)   The Commission shall conduct a public meeting to consider each application for a certificate of appropriateness. said public meeting shall be conducted no less than ten days after notice of such meeting has been mailed to each property owner within 100 feet of the subject property and no later than 50 days from receipt of a completed application.

      (2)   The Commission shall determine whether to approve or deny issuance of the certificate based upon the request, the designation statement, and other relevant information, and its determination shall include findings supporting its decision.

      (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 the building division;

      (6)   In the case of demolition, a building permit has been issued for a replacement structure or project for the property involved; and

      (7)   In the case of demolition, the applicant has submitted evidence to the satisfaction of the Commission that a financial commitment has been obtained by the applicant to assure completion of such replacement structure or project.

      (1)   The remodeling of and the single story additions to existing structures;

      (2)   Garages; and

      (3)   Guest houses.

(`83 Code, § 17.40.090) (Ord. 94-03 § 6, 1994; Ord. 95-01 § 2, 1995)

   The Commission shall comply with the certificate of appropriateness procedure and required findings as outlined in this section.

   (A)   The owner of an Historic Landmark or contributor in an Historic District applying for a certificate of appropriateness may request that an alteration be conducted even though it does not meet the findings for such certificate if that owner can substantiate the suffering of an economic hardship.

   (B)   The Commission, in considering such a request may solicit expert testimony, at the owners' expense, and/or require that the owner submit any or all of the following information prior to making a determination on the application:

      (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.

      (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 venture, 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 recommendation 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 shall review all the evidence and information required of an applicant and the staff hardship relief plan and make a determination within 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.

   (E)   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 immediate hardship because of conditions peculiar to the particular structure or other feature involved, and that no plan implementable 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 such certificate. The final decision shall be made by the City Council.

   (F)   (1)   Issuance of such a certificate of appropriateness shall be accompanied by a written determination, based on the following findings:

         (a)   Denial of the application would diminish the value of the subject property so as to leave substantially no value;

         (b)   Sale or rental of the property is impractical, when compared to the cost of holding such property for uses permitted in this zone;

         (c)   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;

         (d)   Rental at a reasonable rate of return is not feasible;

         (e)   Denial of the certificate of appropriateness would damage the owner of the property unreasonably in comparison to the benefit conferred on the community;

         (f)   All means involving city sponsored incentives, have been explored to relieve possible economic disincentives;

         (g)   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; or

         (h)   In the case of a proposed demolition, the designated landmark cannot be remodeled or rehabilitated in a manner which would allow a reasonable use of or return from the property to the property owner.

      (2)   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.

   (G)   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.

(`83 Code, § 17.40.100) (Ord. 94-03 § 6, 1994; Ord. 95-01 § 2, 1995)

   (A)   Any alteration or demolition to be conducted at potential Historic Landmarks and 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.

      (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; or

         (d)   Chimneys and fireplaces;

      (2)   Accessory structures;

      (3)   Fencing;

      (4)   Additions or deletions of awnings, shutters, canopies and similar incidental appurtenances; or

      (5)   Non-contributors in potential Historic Districts.

(`83 Code, § 17.40.110) (Ord. 94-03 § 6, 1994; Ord. 95-01 § 2, 1995)

   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 chapter. A determination to demolish an existing building 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, the city manager, or when applicable, the chairman of the disaster council pursuant to Chapter 2.44 of this code, in consultation with any available members of the Commission and the Planning Division.

(`83 Code, § 17.40.120) (Ord. 94-03 § 6, 1994; Ord. 95-01 § 2, 1995)

(`83 Code, § 17.40.130) (Ord. 94-03 § 6, 1994; Ord. 95-01 § 2, 1995)

   In order to foster preservation of Monrovia's cultural heritage, the following incentives for participation are only available to Historic Landmarks and contributors located in Historic Districts.

      (1)   Minimum size of structure: the use shall. be located in a building of residential design having no prescribed minimum size.

      (2)   Maximum number of rooms to be rented: up to five bedrooms in a home can be used for rental.

      (3)   All other requirements apply including the need for a conditional use permit.

(`83 Code, § 17.40.140) (Ord. 94-03 § 6, 1994; Ord. 95-01 § 2, 1995; Ord. 98-05 § 3, 1998)

   (A)   Any person, whether owner, tenant or 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 under this chapter shall be guilty of a misdemeanor and subject to provisions of Chapter 1.16 of this code.

   (B)   (1)   Any person who constructs, alters, or removes, an Historic Landmark, a contributor to an Historic District, or other property subject to special review in violation of this chapter shall be required to restore the building, object, site, or structure to its original setting prior to the violation at the discretion of the Commission whenever possible. Any action to enforce this provision may be brought by the City of Monrovia, or any other interested party. This civil remedy shall be in addition to, any criminal prosecution and penalty and any other remedy provided by law.

      (2)   If any person demolishes an Historic Landmark or a contributor to an Historic District in violation of this chapter, no building or construction related permits or permits to use the property as a parking area shall be issued for a period of up to five years at the City Council's discretion based on the significance of the resource from the date of demolition, except to replicate the lost resource or to move on a bona fide historic resource. Permits which are necessary for public safety or welfare in the opinion of the Director of Community Development may be issued. The demolition shall be presumed to have occurred on the date the City has actual knowledge of the demolition, and the owner shall have the burden of providing an earlier date, if entitlement to an earlier date is claimed. The owner shall have the affirmative obligations to plant grass, to provide a temporary irrigation system to maintain such landscaping and to prevent the accumulation of debris and waste on the property during the interim period.

   (C)   Any person who demolishes a property subject to special review in violation of this chapter shall be required to restore the property to its appearance or setting prior to the violation at the discretion of the Commission.

(`83 Code, § 17.40.150) (Ord. 94-03 § 6, 1994; Ord. 95-01 § 2, 1995)