A.

This chapter shall be known as the historic preservation ordinance by the city of Sierra Madre.

B.

This chapter shall be voluntary and, notwithstanding any other provision of this chapter, shall be so interpreted so as not to impose any burden, limitation or restriction of property rights (or with regard to procedures with regard thereto) without prior consent of the respective property owners, provided that once a property has been designated by the city council, with the consent of the property owner, as a historical landmark then this chapter shall no longer be voluntary and all provisions shall apply.

(Ord. 1134 § 2 (part), 1997)

Whereas, the city council has determined:

A.

That the character and history of the city are reflected in its cultural, historical and architectural heritage;

B.

That these historic 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 the city's total number of public, commercial and residential structures is fewer than three thousand five hundred units, and that without diligent efforts to minimize the demolition and loss of the city's historical landmarks, the rich heritage of the city will be eroded over time;

D.

That pursuant to the provisions of the National Historic Preservation Act of 1966, as amended, the city of Sierra Madre, 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 and historical heritage;

E.

Therefore, the purpose of this chapter is the protection, appreciation and preservation of the historic landmarks of the city through a partnership between the planning commission and the property owners/residents, the business sector and the community at large to retain and protect those historic landmarks which preserve and enhance out small town atmosphere and:

1.

To safeguard the city's unique historic heritage as embodied and reflected in the city's diverse architectural and cultural history,

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 and use of historic resources,

4.

To promote the enjoyment, celebration and use of historic 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 contemporary design and construction and inspire a more livable 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 and visitors thereby stimulating commerce,

8.

To identify as early as possible and resolve conflicts between the preservation of historic landmarks and alternative land uses,

9.

To integrate the preservation of historic landmarks into public and private land use management and development processes,

10.

To conserve valuable material and energy resources by ongoing use and revitalization of the existing built environment,

11.

To stabilize neighborhoods through the preservation of historic landmarks,

12.

To encourage public awareness and participation in identifying and preserving historical and architectural landmarks, thereby increasing community pride in the city's historical heritage,

13.

To identify and make available the economic benefits of preservation of historic resources to the city and its inhabitants,

14.

To take all reasonable and necessary steps to safeguard the property rights of owners of properties which are subject to this chapter.

(Ord. 1134 § 2 (part), 1997)

(Ord. No. 1435, § 10, 10-27-20)

As used in this chapter:

"Alteration" means any change or modification through public or private action, to the exterior historical character defining or significant architectural features of properties affected by this chapter. This is in contrast to "ordinary repairs and maintenance," as defined below.

"Appeal" is a written request submitted to the city clerk by a person not satisfied with the decision or determination of the commission. Appeals will be heard before the city council at a public hearing.

"Bed and breakfast inn" is a hotel that: (i) if in a converted single-family dwelling, has up to six units for transients, or if in a converted multi-family property, has up to twelve units for transients; (ii) has one unit for resident innkeeper(s); and (iii) which may include food or drinking service as permitted by a conditional use permit. The terms "hotel" and "transient" in this definition have the same definitions as set forth in Chapter 5.50, "uniform transient occupancy tax."

"Certificate of appropriateness" is a certificate issued by the commission approving such plans, specifications, statements of work, or any other information which is reasonably required by the commission to make a decision on any proposed alteration, restoration, rehabilitation, construction, removal, relocation or demolition, in whole or in part, of or to a historic landmark.

"Certificate of economic hardship" is a certificate authorizing work described in the accompanying certificate of appropriateness granted by the commission because of extreme financial impact or adversity and in accordance with the procedures and findings of this chapter.

"Character defining feature" means an identifiable manmade or natural element, style, design arrangement, detail or material, or landscape arrangement, which embodies or contributes to the recognizable historic value, consistent with the designation criteria in this chapter.

"Demolition" means any act or process that destroys or damages in part or in whole, an historic landmark, or property identified as a potential historic resource.

"Designation statement" means a document prepared by the commission which contains a specific description of the designated historic landmark or historic district, containing the following information:

1.

Assessor's parcel number(s);

2.

Site address;

3.

Identification of the specific elements, improvements or natural features to be included in the designation and subject to the provisions of this chapter, per Section 17.82.040(B).

"Historic landmark" means any improvement or natural feature that meets the criteria listed in this ordinance and is designated by the city council pursuant to this ordinance or nominated to the National Register of Historic Places. Until the designation is finalized, the property shall be referred to as a "potential historical resource" as defined below.

"Improvement" means any manmade physical object or structure, or manmade alteration of terrain or plantings, constituting a physical feature of real property.

"Natural feature" means any geographical or geological site or feature subject to the provisions of this chapter.

"Ordinary maintenance and repair" means any work, for which a building permit is not required by law, where the purpose and effect of such work is upkeep, or correction of deterioration or damage to an historic resource or any part thereof, and to restore the same to its condition prior to the occurrence of such deterioration or damage. This is in contrast to "alteration," as defined above.

"Potential historic resource" means a property which has been identified on a survey conducted by the city and adopted by the city council which contains a list of properties and all relevant corresponding documentation indicating that the identified properties meet the criteria for "historic landmark" as defined herein.

"Preservation" means the identification, study, protection, restoration, rehabilitation or acquisition of historic landmarks.

"Register of historic landmark" means the list of properties located within the city that identifies the properties designated as historic landmarks.

"Rehabilitation" means 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 historic values.

"Restoration" means 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 removal of later additions to, by replacement of missing earlier portions of, and the correction of deteriorated conditions in, the improvement or natural feature.

"Secretary of the Interior Standards and Rehabilitation" means the guidelines prepared by the National Park Service for Rehabilitating Historic Buildings and the Standards for Historic Preservation Projects prepared by the Park Service with Guidelines for Applying the Standards.

"Substantial adverse change" means demolition, destruction, relocation or alteration such that the significance of an historical resource would be impaired.

"Survey" means a list of properties for which the city has obtained verifiable documentation that said properties meet the designation criteria contained in Section 17.82.070 herein, and, which the city council has (with the consent of the owners) adopted as the official survey of the city.

(Ord. 1134 § 2 (part), 1997)

(Ord. No. 1329, § 1, 5-22-12; Ord. No. 1396, § 2, 3-27-18)

A.

Historic landmarks shall be classified as potential historic resources or historic landmarks.

B.

Provisions of this chapter shall be applicable to exterior elements of properties affected by this chapter, and expressly do not apply to building interiors. As part of the designation statement, the commission shall identify the particular elements, improvements or natural features to be included in the designation, and which will be subject to the provisions of this chapter as having historical value.

C.

The ordinance codified in this chapter is adopted without designating any property as a historic landmark. Ordinance No. 1036 is repealed except for the list of properties designated as historic landmarks thereunder. Properties designated as historic landmarks under Ordinance 1036 shall remain as such until property designations thereunder are de-designated or de-listed by appropriate procedures according to law.

(Ord. 1134 § 2 (part), 1997)

For the purposes of this chapter, an improvement, natural feature, or site may be designated a historic landmark by the city council upon a recommendation by the commission if it meets at least one of the following criteria:

A.

Historic. It was the site of, or is associated with local, state or national cultural, social, economic, political or natural history, events or persons significant to the history of Sierra Madre, or it reflects significant geographical patterns, including those associated with different eras of settlement and growth, particular transportation modes, or distinctive examples of park or community planning.

B.

Architectural. It is representative of the work or is one of a few remaining examples 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 architectural achievement or innovation such as the use of indigenous materials or craftsmanship.

(Ord. 1134 § 2 (part), 1997)

A.

Conditions for Benefits.

1.

Benefits shall only be available for structures listed on the city's register of historic landmarks and subject to this chapter at time for which application for financial benefits is made.

2.

Historic landmarks must be maintained in reasonable condition in accordance with the Secretary of Interior's Standards for Rehabilitation.

3.

In order to qualify for benefits, owners of historic landmarks must submit plans for rehabilitation or restoration to the commission for review to ensure that the work is undertaken in accordance with the Secretary of the Interior's Standards for Rehabilitation. Ordinary repair and maintenance is exempted, per Section 17.82.130 of this chapter.

B.

The property owner of a historic landmark in compliance with the above conditions may receive benefits including the following and any others established as policy of the city council:

1.

Waiver of city building permit and plan check fees as established by resolution of the city council;

2.

Use of the State Historical Building Code (SHBC) as the governing building code. The SHBC provides alternative building regulations to facilitate rehabilitation, preservation, restoration or relocation.

C.

In addition to the benefits afforded to the property owner of a historic landmark provided in subsection B. of this section, the property owner of a historic landmark in compliance with the above conditions may receive one of the following benefits:

1.

Mills Act contracts approved by the city council; or

2.

Change of use, subject to a conditional use permit granted by the planning commission pursuant to Chapter 17.60, to facilitate adaptive reuse of historic landmarks in accordance with section 17.82.065.

(Ord. 1134 § 2 (part), 1997)

(Ord. No. 1329, § 2, 5-22-12; Ord. No. 1470, § 3, 7-9-24)

Notwithstanding any other provision of this code to the contrary, any historic landmark in a residential zone may be converted into a bed and breakfast inn, small entrepreneurial business, or service or professional office if a conditional use permit is issued in accordance with Chapter 17.60 and if all of the following additional findings are made:

A.

The proposed use will be consistent with the historic preservation objectives of the general plan;

B.

The proposed use will not be detrimental to the historic or architectural character of the historic landmark; and

C.

The proposed use is compatible with the neighborhood in which it is located.

(Ord. No. 1329, § 3, 5-22-12; Ord. No. 1396, § 3, 3-27-18)

Editor's note— Ord. No. 1396, § 3, adopted March 27, 2018, changed the title of § 17.82.065 from "Conversion of single family residences to bed and breakfast inns" to read as herein set out.

Historical landmarks shall be established by the city council in the following manner:

A.

Any person or group may request the designation of an improvement, natural feature or site as a historic landmark by submitting a nomination application for such designation to the commission. The nomination application shall contain sufficient documentation and information indicating how the nominated resource meets the criteria for designation as indicated in this chapter. The commission or city council may also initiate such proceedings on their own motion.

B.

Notification of the nomination shall be sent to the property owner(s) and occupant(s) of the property within thirty days of the receipt of the nomination. No application shall be accepted or processed unless accompanied by the written consent of the property owner.

C.

The commission shall schedule a public hearing, for the earliest possible meeting of the commission.

D.

No permits shall be issued by the city for demolition, alteration or building, while the public hearing or any appeal related thereto is pending.

E.

Notice of the public hearing, including its place, date, time and purpose, shall be given by first class mail, return receipt requested, at least thirty days prior to the date of the public hearing, and also shall be advertised at least once in a newspaper of general circulation. Mail notification shall be provided to the applicant and all other owners and occupants of properties with the proposed resource, using the name and address of such owners as shown on the latest equalized assessment rolls.

F.

At the conclusion of the public hearing, but in no event more than sixty days from the date set for the initial public hearing, the commission shall make a recommendation to the city council, which shall include findings of fact relating to the criteria for designation in Section 17.82.050 that constitute the basis for its decision and shall transmit its recommendation to the city council, the property owner, and the applicant. The recommendation can be as follows:

1.

Adoption of a designation statement, prepared pursuant to the public hearing, with approval in whole or in part;

2.

Disapproval in whole or in part, of the application.

G.

The city council, within thirty days of receipt of the recommendations of the commission, shall either adopt the designation statement by resolution or shall by motion disapprove it in its entirety.

H.

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 commission and council may also give such other notice as they may deem desirable and practicable.

I.

The city shall record such designation with the county recorder of Los Angeles County with the written consent of the owner.

J.

Designations hereunder shall not excuse such property from any other provisions of the municipal code.

(Ord. 1134 § 2 (part), 1997)

A.

The application shall set forth the factual basis for the request, including supporting materials, and shall be granted if the finding can be made that the information relied upon by the commission or the city council in making the designation is discovered to be false or substantially erroneous thus rendering the property without historic merit.

B.

The application shall be submitted to the commission, and a public hearing shall be set at the earliest commission meeting after the application is filed. The commission's recommendation shall be forwarded to the city council, which will render a final decision and determine compliance with the California Environmental Quality Act.

C.

Open Period of De-Listing. For a period of one hundred twenty days following the effective date of the ordinance codified in this chapter (or any later court validation thereof), the owner or owners of any property presently listed as an historic landmark under Ordinance 1036 or 1134 may petition the city council for declassification or de-listing from such classification. Application shall be made by written request, properly dated and signed; there shall be no charge for such application.

1.

Upon receipt of such petition, the property shall automatically thereafter be declassified from the effects of Ordinances 1036 and 1134 without any further action by the city or the city council.

2.

Such declassification or de-listing from the impact of Ordinances 1036 and 1134 shall not affect the application or demolition of the de-listed properties in the future.

(Ord. I-01-1 § 2, 2002; Ord. 1134 § 2 (part), 1997)

A.

All permits for alteration, restoration, rehabilitation, remodeling, addition, change of use, demolition or relocation of historic landmarks, which alter the exterior appearance as seen from public view shall require a certificate of appropriateness from the commission.

B.

No permits for work on a property in the process of being considered for designation shall be awarded until a certificate of appropriateness, if applicable, has been secured.

C.

All applications for certificates of appropriateness shall be submitted to the director of planning and community preservation for commission approval. The director shall forward the request to the commission within thirty days of receipt. The commission shall have sixty days to render a decision regarding the application. The applicant is encouraged to confer with the commission prior to submitting an application.

D.

The commission shall promulgate and publish such standards as are a necessary supplement to the provisions of this chapter to inform property owners and the general public of those standards of review by which applications for certificates of appropriateness are to be judged.

E.

In evaluating applications for certificates of appropriateness, the commission or the city council upon appeal shall consider the existing and proposed exterior architectural style, design, arrangement, texture, materials, and any other factors with regard to the original distinguishing architectural characteristics of the historic landmark. Using the Secretary of the Interior's Standards for Rehabilitation as a guide, the commission or city council upon appeal shall approve the issuance of a certificate of appropriateness for any proposed work if and only if it makes the following findings:

1.

With regard to a historic landmark, the proposed work will neither adversely affect the integrity of the significant architectural features, nor adversely affect the historic character or value of the historic landmark.

2.

In the case of construction of a new improvement, addition, building or structure upon a designated historic landmark site, the use and exterior of such improvements will not adversely affect and will be compatible with the use and exterior of the historic landmark.

F.

Any request for the demolition of a designated historic landmark shall be accompanied by application for certificate of appropriateness or a certificate of economic hardship as described in Section 17.82.100.

G.

Demolition of an historic landmark may be approved only in connection with an approval of a replacement project.

H.

Applications for certificates of appropriateness shall be filed with the city's department of planning and community preservation for processing. Applications shall include specific submittal requirements as determined by the commission and made available to the applicant. Where required by the commission, applications shall also show the relationship of the proposed work to the surrounding environs. The application shall be accompanied by any other information that the commission determines is required for them to make an informed judgment of the proposed work according to the standards of review in Section 17.82.090.

I.

After the permit has been issued, the building inspector shall inspect the work approved by the commission in order to assure compliance. If the work is not being performed in accordance with the certificate of appropriateness, a stop work order shall be issued and all work shall cease.

(Ord. 1134 § 2 (part), 1997)

(Ord. No. 1363, § 3, 3-24-15)

The owner of a historic landmark may apply for a certificate of economic hardship. This request shall be on an application form provided by the city manager.

A.

The owner shall have the burden of proof, by clear and convincing evidence, that the economic hardship caused by designation is disproportionate to the value of the property with the designation in place.

B.

The commission shall consider the cost of the stabilization of the historic elements of the property as it relates to the appraised value, and evidence of the economic return of maintaining the designation versus other proposed uses.

C.

The application shall be submitted to the commission, and a public hearing shall be set at the earliest commission meeting after the application is filed.

D.

After the public hearing, the commission shall recommend in writing that the city council either grant or deny the request. The recommendation shall be based on one or more of the following findings:

1.

Sale or lease of the property is impractical in comparison to holding the property;

2.

Denial of the request will diminish the value of the property so as to leave substantially no value, or damage the owner unreasonably in comparison to benefits conferred on the community;

3.

An adaptive reuse study has been satisfactorily conducted, and found that utilization of the property for other lawful uses is not feasible, or that it would not allow a reasonable rate of return to the owner;

4.

A rehabilitation study has been satisfactorily conducted, and that it would not allow a reasonable rate of return to the owner;

5.

All means have been explored to relieve possible economic disincentives to no avail, involving city-sponsored incentives as of rights, tax abatements, financial assistance, application of the SHBC, zoning variances, loans, grants or reimbursements;

6.

The owner has made every possible effort to find a willing buyer for the property who would agree to restore the historic landmark and has not been able to find a buyer who would offer a purchase price which afforded the owner a reasonable rate of return.

(Ord. 1134 § 2 (part), 1997)

Any substantial adverse change to an historic landmark shall be subject to the provisions of the Municipal Code governing demolitions.

(Ord. 1134 § 2 (part), 1997)

Any action by the commission may be appealed by any interested party to the city council including but not limited to the following:

A.

The commission's decision not to hold a public hearing on an application for designation;

B.

A determination made after a public hearing that a property(ies) is not determined to be a historic landmark, potential resource or on any survey list;

C.

The commission's decision to grant or to not grant a certificate of appropriateness or certificate of economic hardship.

Any interested party may appeal by filing a notice of appeal with the city council not later than fourteen days after the commission's written decision has been filed with the city clerk.

(Ord. 1134 § 2 (part), 1997)

A.

Owners shall not be prevented from undertaking ordinary maintenance and repair as defined in this chapter.

B.

For demolition, removal, repairs or alteration for any element covered by this chapter, when the building department certifies to the commission that such action is required for the public safety due to an unsafe or dangerous condition, a permit may be issued under one of the following conditions:

1.

The condition cannot be rectified through the use of the California State Historical Building Code;

2.

Temporary repairs are necessary on an emergency basis;

3.

When the element shall be replaced according to the Secretary of the Interior's Standards for Rehabilitation.

(Ord. 1134 § 2 (part), 1997)

If any section, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have passed the ordinance codified in this chapter and adopted this chapter, and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Ord. 1134 § 2 (part), 1997)