This chapter shall be known as the "preservation ordinance."

The purpose of this chapter is to promote the public health, safety, and general welfare by providing for the identification, protection, enhancement, perpetuation, and use of historic resources such as building, structures, sites, places and districts within the City that reflect special elements of the City's architectural, artistic, cultural, historical, political, and social heritage for the following reasons:

This chapter shall apply to all historic resources, publicly and privately owned, within the corporate limits of the City of Redondo Beach.

For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases are defined as follows:

For the purposes of this chapter, an historic resource may be designated a landmark, and an area may be designated an historic district pursuant to Article 3 of this chapter, if it meets one or more of the following criteria:

Nominations of an historic resources as a landmark shall be made only by application of the property owner or property owners representing a majority or controlling interest in the property on which the resource is located, and the owner or owners representing a majority or controlling interest in the improvement if such improvement has been legally severed.

In order to be eligible for consideration as a landmark, an historic resource must be at least 50 years old; with the exception that an historic resource of at least 30 years of age may be eligible if the Commission determines that the resource is very exceptional, or that it is threatened by demolition, removal, relocation, or inappropriate alteration.

The initiation of a proposed historic district may arise from a property owner or group of property owners in a potential historic district, or by the City based on information of a historic survey. When such an initiation is proposed, the City will assist in preparing the defining characteristics of a geographical district or a thematic district, whichever the case may be. Only those properties for which the property owners submit a nomination to be included in a proposed or existing district will be considered to be within the district. The district boundary will not include any property without the written consent of the property owner of said property.

In order to be eligible for consideration as an historic district, at least 75% of the buildings in the proposed district (excluding accessory buildings) must be at least 50 years old or otherwise meet the requirement of § 10-4.302. In addition, no more than 25% of the buildings in the proposed district (excluding accessory buildings) may be noncontributing. Noncontributing buildings may be included as part of an historic district only to the extent that the Commission determines them to be essential to the geographic integrity of the district. The Commission shall make determinations identifying any noncontributing buildings within an historic district as part of the review process.

Once a completed application has been accepted for the designation of a landmark or an historic district, no building, alteration, demolition, removal, or relocation permits for any historic resource, improvement, building, or structure relative to a proposed landmark or within a proposed historic district shall be issued until a final determination is made regarding the proposed designation, except as provided under Article 6 of this chapter.

Notice of the date, place, time and purpose of hearings shall be given by first class mail to the owner(s) of all nominated resource(s) at least 10 days prior to the date of the public hearing, using the names and addresses of such owners as shown on the latest equalized assessment rolls and shall be advertised in a newspaper of general circulation at least 10 days prior to the hearing. Failure to send any notice by mail to any property 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 Preservation Commission may also give such other notice as they deem desirable and practicable.

A property owner who has signed an application for inclusion of his or her property in a proposed historic district may withdraw such consent by filing a written notice of withdrawal with the City Clerk at any time prior to the close of the public hearing thereon before the Commission or before the City Council on appeal, if any.

Upon acceptance of a completed application for the designation of a landmark or historic district, a public hearing shall be scheduled before the Commission to study the proposed designation and to determine its eligibility and qualifications. Following the public hearing, the Commission shall decide to approve, in whole or in part, or disapprove the designation. All decisions to approve or disapprove designations shall be made by resolution, and shall set forth the findings and reasons relied upon in making the determination.

Notice of the designation of a landmark or an historic district shall be transmitted to all appropriate City departments and any other interested governmental and civic agencies. Each City department shall incorporate the notice of designation into its records, so that future decisions or permissions regarding or affecting a landmark or historic district shall be made with the knowledge of the designation. For projects to be carried out by the City, or subject to discretionary approval by the City, that have a direct adverse effect on a landmark or properties within an historic district as determined by the responsible department, notice shall be given to the Commission. The Commission may review such projects and provide comments and recommendations to the reviewing or decisionmaking body.

The property owner of a property identified by the City as a potential historic resource may request that the property be removed from the list if he or she provides specific written and verifiable documentation refuting that the property meets the criteria for designation as a landmark as described herein. An example would be that documentation is discovered that an unknown architect designed a property that was thought to have been designed by a famous architect, or the structure has been altered to an extent that the historic integrity has been lost. The Commission shall review the request for removal following the same procedures identified in Sections 10-4.306, 10-4.308 and 10-4.309 herein.

All repairs, alterations, restorations, or changes in use of existing buildings and structures designated as landmarks or included as part of an historic district, or otherwise considered a historic resource under state law, may conform to the standards of the California Historical Building Code as an alternative to complying with building standards as set forth in Title 9 of this Code, notwithstanding the fact that such buildings may be nonconforming.

Historic variances may be applied to local landmarks and contributors in historic districts. The landmark constitutes a property condition for the purposes of determining whether the property owner is denied privileges enjoyed by other property owners in the vicinity and within the same zoning district. Procedures and requirements of Section 10-2.2516 of the Zoning Ordinance and 10-5.2516 of the Coastal Plan Implementing Ordinance must be followed for the variance process.

A Historic Overlay Zone (H) may be created pursuant to Section 10-2.1400-1420 of the Zoning Ordinance and Section 5.1400-1420 of the Coastal Plan Implementing Ordinance. An H zone may contain development standards, uses (including adaptive re-uses), and other provisions that are unique to the zone.

The following procedures shall be followed in processing applications for certificates of appropriateness.

The Minor Alterations Subcommittee, Commission, or the City Council upon appeal, shall issue a certificate of appropriateness only when it determines the following conditions to exist as applicable in each case:

A certificate of appropriateness shall lapse and become void 36 months (or shorter period if specified as a condition of approval) from the date of final approval, unless a building permit (if required) has been issued and the work authorized by the Certificate has commenced prior to such expiration date and is diligently pursued to completion. Upon request of the property owner, a Certificate of Appropriateness may be extended by the Preservation Commission for an additional period of up to 12 months. The Preservation Commission may approve, approve with conditions, or deny any request for extension.

A Certificate of Appropriateness may be revoked or modified for reasons of: (1) noncompliance with any terms or conditions of the Certificate; (2) noncompliance with any provisions of this chapter; or (3) a finding of fraud or misrepresentation used in the process of obtaining the Certificate. Revocation proceedings may be initiated by motion of the Preservation Commission or City Council. Once revocation proceedings have been initiated, all work being done in reliance upon such Certificate or associated permits shall be immediately suspended until a final determination is made regarding the revocation. The decision to revoke a Certificate of Appropriateness shall be made by the Preservation Commission following a public hearing, with written notice provided to the property owner at least 10 days prior thereto.

Any alteration to be conducted at the site of a potential historic resource or district may be referred by staff to the Commission prior to commencing any such work when staff determines that such review will assist the property owner in maintaining the significance and/or architectural integrity of the resource and to address issues of appropriateness and designation. Certain alterations, listed below, are excluded:

In the course of its review, the Commission shall assist and guide the property owner(s) of potential historic resources and districts with regard to proposed alterations on an advisory basis with the intention of finding solutions and directing the owner toward designation and/or appropriate changes that safeguard the resource. To facilitate the process, staff or the Commission may refer the matter to the Minor Alterations Subcommittee.

Any decision by the Commission to approve or disapprove a designation of a landmark or historic district, or to approve or disapprove a Certificate of Appropriateness, or to remove or not remove a property from the potential historic resource list pursuant to § 10-4.311, shall be final and conclusive unless, by 5:00 p.m. of the tenth (10th) day following such decision (or of the next working day if the tenth (10th) day falls on a weekend or holiday):

Notice of public hearing before the City Council to consider an appeal of the decision of the Preservation Commission shall be given in the same manner as set forth for the original application.

The decision of the City Council on all applications shall be final and conclusive.

Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior improvement or exterior architectural feature that does not involve a change in design, material or external appearance thereof, nor does this chapter prevent the alteration, restoration, demolition, removal, or relocation of any such improvement or architectural feature when the Chief Building Official certifies to the Commission that such action is required for the public safety due to an unsafe or dangerous condition and cannot be accomplished under the California Historical Building Code.

The owner, occupant or other person in actual charge of a landmark or a building, structure, or improvement that is located within an historic district shall keep in good repair the exterior portions of all such buildings, structures, or improvements, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior improvement or exterior architectural feature.