Chapter 23.23 — HISTORIC PRESERVATION

The Alhambra City Council acknowledges that the recognition, preservation, protection, and reuse of historic resources are required in the interests of the health, prosperity, safety, social and cultural enrichment, general welfare, and economic well-being of the people of Alhambra. Moreover, Cal. Gov’t Code § 37361 enables city legislative bodies to "provide for places, buildings, structures, works of art, and other objects, having a special character or special historical or aesthetic interest or value, special conditions or regulations for their protection, enhancement, perpetuation or use, which may include appropriate and reasonable control of the use or appearance of neighboring private property within public view, or both." The designation and preservation of historic resources, and the regulation of alterations, additions, repairs, removal, relocation, demolition, or new construction to perpetuate the historic character of historic resources, is declared to be a public purpose of the city. Therefore, the purposes of this chapter include the following:

(A) Encourage public knowledge, understanding, and appreciation of the built environment as a tangible link to Alhambra's history;

(B) Promote the use of historic resources, especially for the education, appreciation, and general welfare of the people of Alhambra;

(C) Enable informed planning decisions regarding the treatment of properties that contribute to the city's character or reflect its historical, cultural, and/or architectural development;

(D) Provide recommendations to City Council regarding priorities for preservation, restoration, and rehabilitation efforts within the city;

(E) Safeguard Alhambra's heritage by protecting resources that reflect elements of the city's cultural, social, architectural, and/or archaeological history;

(F) Deter demolition, misuse, or neglect of historic resources which represent important links to Alhambra's, the state's, or the nation's past;

(G) Promote the economic benefits of historic preservation to the city and its residents.

(Ord. 4848, passed 9-8-25)

The provisions of this chapter shall apply to all designated, eligible, or potentially eligible historic resources— including buildings, structures, objects, sites, and historic districts—within the city. Notwithstanding the provisions of this chapter, to the extent that applicable state law supersedes the requirements herein the city understands that state law will be controlling.

(Ord. 4848, passed 9-8-25)

The following terms when used in this chapter shall have the meaning set forth in this section unless a different meaning clearly appears from the context.

ALHAMBRA INVENTORY OF HISTORIC RESOURCES. The list of historic resources created and maintained by the city, which includes potentially eligible historic resources identified through a historic resources survey;

eligible historic resources evaluated through a historic resource assessment; and those listed in the Alhambra Register of Historic Resources, California Register of Historical Resources, and/or the National Register of Historic Places. ALHAMBRA REGISTER OF HISTORIC RESOURCES ("ALHAMBRA REGISTER"). The official list of designated historic resources created and maintained by the city. This includes historic resources that have been designated under this chapter as well as those listed in the California Register of Historical Resources and/or National Register of Historic Places.

ARCHAEOLOGICAL RESOURCE. Any material remains of past human life, activities, or habitation which are of historic or prehistoric significance and/or may provide information important to the understanding of past human behavior. Such materials include, but are not limited to, artifacts, human-modified ecofacts, features, structures or portions/remnants of structures, sites, districts, graves, human remains, or any piece of the foregoing items. CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA) . The statute and regulations applying to public agencies in California as codified in the Cal. Public Resources Code §§ 21000 through 21178, and Title 14 CCR § 753, and Chapter 3 § 15000 through 15387. CEQA applies to all discretionary work proposed to be conducted or approved by a California public agency, including private projects requiring discretionary approval.

CALIFORNIA HISTORICAL BUILDING CODE ("CHBC"). Applies to all qualified historic resources designated or included in an adopted inventory per federal, state, and local authority. The CHBC provides alternative, performance-based building and zoning regulations to allow for upgrades, changes to, and ongoing use of historically significant properties that preserve their historic integrity (CCR Title 24, Part 8).

CALIFORNIA REGISTER OF HISTORICAL RESOURCES ("CALIFORNIA REGISTER). The authoritative

guide to the state's significant historical and archaeological resources. In 1992, the California legislature established the California Register to be used by state and local agencies, private groups, and citizens to identify the state's historical resources and to indicate what properties are to be protected, to the extent prudent and feasible, from substantial adverse change to their significance (CPR § 5023.1(a)).

CERTIFICATE OF APPROPRIATENESS ("C OF A"). The required review prior to issuance of an alteration permit to ensure alterations to a designated historic resource, eligible historic resource, or potentially eligible historic resource are in compliance with this chapter.

CERTIFICATE OF ECONOMIC HARDSHIP. Allows a property owner to carry out work that may adversely affect the significance of a historic resource on the basis of extreme financial hardship or adversity. It refers to the required review prior to approval of a certificate of appropriateness or certificate of demolition for a project that does not comply with the Secretary of the Interior's Standards for the Treatment of Historic Properties.

CERTIFICATE OF DEMOLITION ("C OF D"). The required review prior to approval of a demolition request to ensure demolition of a designated historic resource, eligible historic resource, or potentially eligible historic resource is in compliance with this chapter.

CERTIFIED LOCAL GOVERNMENT ("CLG"). A national program designed to encourage the direct participation of a local government in the identification, registration, and preservation of historic properties located within the jurisdiction of the local government. A local government may become a CLG by developing and implementing a local historic preservation program based on federal and state standards. In California, the CLG program is administered by the State Office of Historic Preservation (OHP).

CHARACTER-DEFINING FEATURES. The visual and physical features that give a historic resource its identity and distinctive character. They may include its overall form, massing, materials, craftsmanship, decorative details, interior spaces and features, and aspects of its site and environment.

CONTRIBUTING RESOURCE ("CONTRIBUTOR"). Any building, structure, object, site, planning feature, sign, area, place, landscape, or natural feature within a historic district that contributes to the district's historic, cultural, or architectural significance.

DESIGNATION. The act of recognizing, labeling, and listing a historic resource in the Alhambra Register of Historic Resources by City Council. A designation formally establishes that a historic resource has historic significance and retains historic integrity.

ELIGIBLE. A historic resource that has been formally evaluated as eligible for local designation and/or listing in the California Register of Historical Resources or National Register of Historic Places, such as through the completion of a historic resource assessment.

HISTORIC CONTEXT. The broad patterns of historical development of a community or region that are represented by the physical development and character of the built environment. Historic contexts typically are based on one or more themes, a geographical area, and periods of significance. They also identify important associated property types and establish eligibility criteria and integrity thresholds.

HISTORIC DISTRICT. A type of historic resource that is a geographic area comprising a significant concentration, linkage, or continuity of buildings, structures, objects, planning features, sites, natural/landscape features and any other features united historically or aesthetically by plan or physical development.

HISTORIC LANDMARK. A type of historic resource that meets the eligibility criteria established in § 23.23.060, retains historic integrity, and has been formally designated by the city.

HISTORIC PRESERVATION COMMISSION. The City of Alhambra Historic Preservation Commission established pursuant to the provisions of § 2.41.010 of the Alhambra Municipal Code.

HISTORIC RESOURCE. The broad category of all historic resource types that are significant in the history or prehistory of the city, region, state, or nation. HISTORIC RESOURCES include resources listed in or found eligible for listing in the Alhambra Register of Historic Resources, California Register of Historical Resources, or National Register of Historic Places. HISTORIC RESOURCES can include buildings, structures, objects, sites, and historic districts.

HISTORIC RESOURCE ASSESSMENT ("HISTORIC RESOURCE EVALUATION"). A detailed study of a property to determine its eligibility for national, state, or local listing or designation. A historic resource assessment generally results in a report including in-depth, property-specific information about the resource. This information typically includes an ownership/occupant history; historic contexts and themes of significance; construction dates; a physical description, including architectural style, materials, and setting; approximate dates of exterior alterations; character-defining features; and a historic integrity analysis.

HISTORIC RESOURCES SURVEY. A neighborhood or citywide survey to identify potentially eligible historic resources, including buildings, structures, objects, sites, and historic districts. A historic resources survey generally results in a list of properties that have been evaluated as potentially eligible for national, state, or local listing or designation.

INTEGRITY. The ability of a property to convey its significance. A resource's integrity is conveyed through the authenticity of its physical identity as evidenced by the survival of characteristics that existed during the time period within which the resource attained significance. An assessment of integrity is grounded in an understanding of the resource's physical features and how they relate to its historic context. The National Register of Historic Places establishes seven aspects of integrity: location, setting, design, materials, workmanship, feeling, and association. For the definitions of these aspects and guidance on how to apply them, refer to National Register Bulletin 15: How to Apply the National Register Criteria for Evaluation (U.S. Department of the Interior, National Park Service, rev. 1997).

MAJOR ADDITION. A residential enlargement larger than 500 square feet or 25% of the existing gross floor area before the addition, and a non-residential enlargement equal to or exceeding 25% of the existing gross floor area before the addition.

MAJOR ALTERATIONS.

(1) Any demolition or relocation of a designated historic landmark, eligible individual historic resource, or contributing resource in a designated historic district.

(2) Any undertaking that significantly alters or changes the street-facing primary façade or publicly visible secondary façades of a designated historic landmark, eligible individual historic resource, or contributing resource in a designated historic district, including major changes to, additions of, or removal/infill of fenestration openings; the replacement of exterior wall cladding which changes the appearance, design, or texture of a property; and the addition or removal of any other architectural features of the building exterior.

(3) Any undertaking that results in the replacement of a significant feature of a designated historic landmark or eligible individual historic resource, or that may adversely affect the significance of a historic resource, including windows and doors in existing openings or resurfacing exterior finishes (i.e. painting unpainted exterior surfaces, replacing stucco in a noticeably different texture) on street-facing façades.

(4) Any major addition of square footage to a designated historic landmark, eligible individual historic resource, contributing resource in a designated historic district, or non-contributing resource in a designated historic district that is visible from the public right-of-way.

• (5) New construction in a designated historic district.

(6) Demolition of, or a major addition to, a non-contributing resource in a designated historic district.

(7) Any other undertaking determined to be a major alteration by the city, including, where appropriate, multiple minor alterations.

MILLS ACT HISTORIC PROPERTY CONTRACT (“MILLS ACT CONTRACT”). The historic property contract between the city and the property owner that provides the potential for reduced property taxes in return for the rehabilitation, restoration, and preservation of a historic resource, pursuant to Cal. Gov’t Code §§ 50280 through 50289, Chapter 1, Part 1, Title 5.

MINOR ALTERATIONS.

(1) Any removal of insignificant exterior features of a designated historic landmark, eligible individual historic resource, or contributing resource in a designated historic district, including additions (excepting those meeting the definition of demolition as defined in § 23.44.040), doors, windows, and exterior siding material that are non-original, lack historic integrity, or are otherwise non-contributing to the significance of the resource.

(2) Any undertaking requiring a permit that does not change substantially the exterior character-defining features of a designated historic landmark, eligible individual historic resource, or contributing resource in a designated historic district, including minor additions on secondary façades that are not publicly visible.

(3) Any undertaking that results in the replacement of a significant feature of a contributing resource in a designated historic district, or that may adversely affect the significance of a historic resource, including windows and doors in existing openings or resurfacing exterior finishes (i.e. painting unpainted exterior surfaces, replacing stucco in a noticeably different texture) on street-facing façades.

taking that results in the replacement of a significant feature of a contributing resource in a designated historic district, or that may adversely affect the significance of a historic resource, including windows and doors in existing openings or resurfacing exterior finishes (i.e. painting unpainted exterior surfaces, replacing stucco in a noticeably different texture) on street-facing façades.

(4) Any undertaking to the environmental setting or landscape of a designated historic landmark, eligible individual historic resource, or property within a designated historic district, if the setting is significant to the historic resource and has been identified as character-defining in the nomination or evaluation of the resource.

(5) Any undertaking to interior features, if the interior features are significant to the historic resource and have been identified as character-defining features in a historic landmark nomination adopted by the city.

(6) In designated historic districts, demolition or alteration of garages and other ancillary structures built within the period of significance on both contributing and non-contributing properties, and new construction of such structures on any property shared with a designated historic landmark, eligible individual historic resource, or contributing resource in a designated historic district.

(7) Any other undertaking determined to be a MINOR ALTERATION by the city.

NATIONAL REGISTER OF HISTORIC PLACES ("NATIONAL REGISTER"). An authoritative guide to be

used by federal, state, and local governments, private groups and citizens to identify the nation's historic resources and to indicate what properties should be considered for protection from destruction or impairment. The National Register program is administered by the National Park Service. To be eligible for listing and/or listed in the National Register of Historic Places, a resource must possess significance in American history and culture, architecture, or archaeology (36 CFR Part 60 § 60.2).

NEGLIGIBLE ALTERATIONS.

(1) All work that is entirely interior and does not affect the exterior of a historic resource, except for interior features that are identified as character-defining features in a historic landmark nomination adopted by the city.

• (2) Installation of rooftop equipment not visible from the public right-of-way, except for solar panels, which are exempt from the provisions of this chapter pursuant to Cal. Gov’t Code § 65850.5.

• (3) Re-roofing in a different material that replicates the appearance of the existing or original roofing.

• (4) Window and door repair to correct deterioration, decay, or damage to existing original windows or doors.

• (5) If original windows and doors are beyond repair, in-kind replacement windows and doors matching the original windows and doors in design, texture and, where possible, materials.

• (6) Repair of existing historic ornament (including, but not limited to, porches, cornices, plaster work, and eaves).

• (7) Any additional ordinary maintenance and repair to correct deterioration, decay, and/or damage to existing historic material.

(8) Replacement of a non-historic garage door with one that is compatible in terms of design and minimizes its visual impacts on the character-defining features of the historic resource.

• (9) Seismic upgrades that do not alter the character-defining features of a historic resource.

• (10) Changing the paint color of a painted exterior surface.

• (11) Any other undertaking determined to be a negligible alteration by the city.

NOMINATION. An application for local designation of a property as a historic landmark, or a grouping of resources as a historic district, and inclusion in the Alhambra Register of Historic Resources pursuant to this chapter.

NON-CONTRIBUTING RESOURCE ("NON-CONTRIBUTOR"). Any building, structure, object, site, planning

feature, sign, area, place, landscape, or natural feature within a historic district that does not contribute to the district's historic, cultural, or architectural significance, and therefore is not a historic resource for the purposes of this chapter. PERIOD OF SIGNIFICANCE. The length of time when a property was associated with important events, activities or persons, or attained the characteristics which qualify it for listing in the Alhambra Register of Historic Resources, California Register of Historical Resources, or National Register of Historic Places. A period of significance can be as brief as a single year or span many years. It is based on specific events directly related to the significance of the property, for example the date of construction, years of ownership, or length of operation as a particular entity. POTENTIALLY ELIGIBLE. A resource that has been evaluated as appearing eligible for listing in the Alhambra Register of Historic Resources, California Register of Historical Resources, or National Register of Historic Places, such as through a historic resources survey.

QUALIFIED PROFESSIONAL(S). Any of the following professions/occupations:

(1) ARCHAEOLOGIST. Shall refer to an archaeologist who meets and/or exceeds the Secretary of the Interior's Professional Qualifications Standards in archaeology, as defined by the National Park Service (36 CFR Part 61).

(2) ARCHITECT. Shall refer to a licensed architect who meets and/or exceeds the Secretary of the Interior's Professional Qualifications Standards in architecture, as defined by the National Park Service (36 CFR Part 61).

(3) ARCHITECTURAL HISTORIAN. Shall refer to an architectural historian who meets and/or exceeds the Secretary of the Interior's Professional Qualifications Standards in architectural history, as defined by the National Park Service (36 CFR Part 61).

(4) HISTORIAN. Shall refer to a historian who meets and/or exceeds the Secretary of the Interior's Professional Qualifications Standards in history, as defined by the National Park Service (36 CFR Part 61).

(5) HISTORIC ARCHITECT. Shall refer to a licensed architect who meets and/or exceeds the Secretary of the Interior's Professional Qualifications Standards in historic architecture, as defined by the National Park Service (36 CFR Part 61).

RELOCATION. The process of physically transporting a building, structure, or object from one location to another. SECRETARY OF THE INTERIOR'S STANDARDS FOR THE TREATMENT OF HISTORIC PROPERTIES (“SECRETARY OF THE INTERIOR'S STANDARDS”). The Standards and Guidelines developed by the United States Department of the Interior, National Park Service for the preservation, rehabilitation, restoration, and reconstruction of historic resources.

(Ord. 4848, passed 9-8-25)

Title 2 of the Alhambra Municipal Code establishes the Historic Preservation Commission. (Ord. 4848, passed 9-8-25)

(A) Intent. This section establishes the process for creating and managing the Alhambra Inventory of Historic Resources, which is the list of historic resources maintained by the city, and includes potentially eligible historic resources identified through a historic resources survey; eligible historic resources evaluated through a historic resource assessment; locally designated historic resources listed in the Alhambra Register; and historic resources listed in the California and/or National Registers.

(B) Establishment. The city shall create and maintain an official list of properties known as the Alhambra Inventory of Historic Resources ("Inventory"). The Inventory shall include potentially eligible historic resources, initially identified through the City of Alhambra Historic Resources Survey Report (Historic Resources Group, November 23, 2023) and subsequently updated as additional studies are conducted. The Inventory shall include the current historic status for each property (potentially eligible, eligible, locally designated/listed in the Alhambra Register, listed in the California Register, listed in the National Register).

(C) Updates. As properties continue to be evaluated and re-evaluated (i.e. through environmental review, the nomination process, survey updates), their historic status may change over time. Therefore, the Inventory shall be maintained and updated by the city on an ongoing basis to ensure that it reflects the current historic status of properties on the list.

(D) Inventory use and implementation. Inclusion of a potentially eligible property on the Inventory does not constitute a finding of eligibility as a historic resource for the purposes of project review in accordance with this chapter. If project review is triggered, a historic resource assessment is required for a potentially eligible property in order to provide a finding of eligibility or ineligibility as a historic resource. Properties that are on the Inventory as locally eligible or designated, or listed in the California or National Registers, are automatically considered historic resources and subject to project review. Refer to § 23.23.090, for project review and approvals process. If a property is determined eligible through a historic resource assessment, the property is considered a historical resource for the purposes of CEQA.

(Ord. 4848, passed 9-8-25)

• (A) Significance and integrity.

(1) In order for a resource to be eligible for designation as a historic landmark or historic district, it must be determined significant under one or more of the criteria for designation described in division (B) below, and it must retain sufficient integrity to convey its historic significance. Only after significance has been established can the issue of integrity be addressed.

(2) Once historic significance has been established, the property's integrity must be assessed to determine that it retains sufficient integrity to convey its significance. The National Register of Historic Places has established the seven aspects of integrity as:

• (a) Location;

• (b) Setting;

• (c) Design;

• (d) Materials;

• (e) Workmanship;

• (f) Feeling; and

• (g) Association.

(3) Since significance thresholds associated with local designation are generally less rigid than those associated with listing at the state or federal levels, a greater degree of flexibility shall be provided when evaluating the integrity of a locally eligible historic resource, as opposed to one eligible for listing in the California or National Registers. For this reason, it is possible that a historic resource may not retain sufficient integrity to be eligible for listing in the California or National Registers, but may still be eligible for local designation and listing in the Alhambra Register.

(B) Criteria for designation.

(1) Historic landmark. On the recommendation of the Historic Preservation Commission, City Council may designate an individual resource (building, structure, object, or site) as a historic landmark if it meets one or more of the following designation criteria and retains integrity:

(a) It is associated with events that have made a significant contribution to the broad patterns of Alhambra's, California's, or the nation's history;

• (b) It is associated with the lives of persons important to local, state, or national history;

• (c) It embodies the distinctive characteristics of an architectural style, type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values; or

(d) It has yielded, or has the potential to yield, information important to the prehistory or history of the city, state, or nation.

(2) Historic district. On the recommendation of the Historic Preservation Commission, City Council may designate a grouping of resources as a historic district if it meets one or more of the four criteria for designation and meets all three of the following criteria:

(a) It possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development;

(b) A minimum of 50% + 1 of the properties within the proposed historic district contribute to the historic significance of the district overall, thus demonstrating that the district retains integrity; and

(c) A minimum of 50% + 1 of property owners within the proposed historic district are in favor of pursuing designation.

(C) Automatic local designation. Any resource listed in the California or National Registers shall be automatically designated as a local historic resource (historic landmark or historic district), listed in the Alhambra Register of Historic Resources, and subject to the provisions in this chapter.

(Ord. 4848, passed 9-8-25)

(A) Application for designation.

• (1) Any person, or group, including the city, may request the designation of a historic resource as a historic landmark or historic district by submitting an application to the Community Development Department.

• (2) Anyone may prepare an application for designation.

• (3) Owner consent for submission of an application shall not be required.

• (4) All applications shall be completed using a form provided by the city and shall contain all required information, including the following:

• (a) The Assessor Parcel Number and site address.

• (b) A brief statement describing the property or properties, and identifying the designation criteria it meets.

• (c) A detailed architectural description of the property or properties, including identification of its characterdefining features.

• (d) Construction chronology of the property or properties, including a detailed history of major alterations/additions.

• (e) An evaluation of significance against the criteria for designation enumerated in § 23.23.060.

• (f) An assessment of integrity as described in § 23.23.060.

• (g) Current photographs.

• (h) Current map identifying the location and boundaries of the property or properties.

• (i) Historic photographs, maps, sketches, drawings, or other descriptive materials, as available, to support the application.

• (j) Any application fees as determined by the city.

(k) For a historic district nomination, the application package shall include a historic resources survey report. The survey report shall include a clear description of the historic district boundaries; an itemization of all contributing and non-contributing properties and features within those boundaries; a statement of the historic significance of the district according to the themes outlined in the citywide historic context statement; a statement of how the historic district satisfies the criteria for designation outlined in § 23.23.060; and recommendations for a preservation plan and design guidelines for the district.

• (l) In order to establish a historic district, a minimum of 50% + 1 of property owners within the district must file their support in writing concurrent with the application package.

The percentage shall be based on the total number of properties within the district boundary, with each property getting one vote.

• (m) Any other information the city reasonably determines to be necessary for review of the application. (B) Review process.

• (1) Initial completeness review. The initial completeness review of the application will be carried out in accordance with § 23.31.030.

(2) Owner notification of historic landmark application. City staff shall notify the owner(s) of record by letter that a historic landmark application has been submitted for their property within ten days of accepting the application as complete. A property owner shall have the right to object to the designation of their property before the Historic Preservation Commission and City Council. Formal objection to the application shall be in writing to city staff, who will then share with the Historic Preservation Commission and/or City Council.

(3) Permit moratorium during application process. No major or minor alteration permits for an eligible individual historic resource or contributor to an eligible historic district shall be issued after an application for designation is submitted. The moratorium on permits shall continue through the process of historic landmark or historic district designation, until a final decision to adopt (or not adopt) the designation has been made by City

Council, or until the submitted application has been withdrawn or expired pursuant to § 23.31.030. Negligible alterations and those changes related to life safety repairs are exempt from the moratorium.

(C) Review authority.

(1) Historic Preservation Commission. Applications for historic landmark and historic district designation shall be reviewed by the Historic Preservation Commission. The Historic Preservation Commission shall hold a public hearing to determine if the property meets one or more of the criteria for designation established in § 23.23.060. The public hearing shall be noticed in accordance with § 23.31.050 and conducted in accordance with § 23.31.060. After a determination is made regarding the proposed designation, the Historic Preservation Commission shall submit a report with a recommendation to City Council that the historic designation be adopted, adopted with modifications, or denied. Within ten days of the public hearing, city staff shall notify the applicant and owner(s) of record by letter of the Historic Preservation Commission's determination.

(2) City Council. City Council has the sole authority to designate a historic resource as a historic landmark, or a grouping of resources as a historic district. The Historic Preservation Commission's recommendation on a nomination shall be reviewed by City Council at a public hearing. The hearing shall be noticed in accordance with § 23.31.050 and conducted in accordance with § 23.31.060. At the hearing, City Council shall adopt, adopt with modifications, or deny historic designation. Within ten days of the hearing, city staff shall notify the applicant and owner(s) of record by letter of the City Council's determination. A resource that is formally designated by City Council shall be listed in the Alhambra Register of Historic Resources and a deed restriction declaring the formal designation shall be recorded with the County of Los Angeles within 60 days. The deed restriction shall be binding on all future owners of the parcel.

fy the applicant and owner(s) of record by letter of the City Council's determination. A resource that is formally designated by City Council shall be listed in the Alhambra Register of Historic Resources and a deed restriction declaring the formal designation shall be recorded with the County of Los Angeles within 60 days. The deed restriction shall be binding on all future owners of the parcel.

(a) City Council supersedes owner's objection to designation. City Council shall have the power to override an owner's objection to historic landmark or historic district designation by a supermajority vote (minimum of 4-1), and only if City Council determines that the public benefit of designation outweighs private burden. (Ord. 4848, passed 9-8-25)

(A) Rescinding or amending a designation. Rescission of, or amendment to, the designation of a historic resource shall follow the same procedures as outlined in § 23.23.070.

(B) Required findings for recission. Based upon new information presented to the city, the Historic Preservation Commission and City Council shall determine that the historic resource is no longer eligible for designation due to findings of fact that:

(1) The resource is not historically significant for the reason(s) provided in the original nomination and therefore does not meet the designation criteria;

(2) The resource has been demolished, relocated, or altered to the extent that it no longer retains sufficient integrity to convey its significance; and/or

(3) The resource has been destroyed through a catastrophic event that has rendered the resource a hazard to the public health, safety, or welfare.

(C) Loss of designation status. A resource cannot lose its designation status merely due to degradation by neglect or unpermitted alterations.

(Ord. 4848, passed 9-8-25)

(A) Application for alterations.

(1) Certificate of appropriateness (“C of A”). If a C of A is required in accordance with this section, a C of A application shall be filed with the city. An application shall include the following:

• (a) A report by a qualified professional detailing the project's compliance with, and potential deviation from, the Secretary of the Interior's Standards for the Treatment of Historic Properties (Standards compliance report);

• (b) For new construction, additions and relocations, plans and specifications showing the historic resource's existing and proposed exterior appearance;

• (c) For relocation, a site plan of the proposed receiver site;

(d) Photographs (including views of all façades) of the historic resource(s) to be affected by the proposed work. Photographs shall be in color and include detailed views of any specific elements under consideration (i.e. windows or doors if alterations are proposed) and views of surrounding properties;

• (e) For relocation, photographs of the proposed receiver site. Photographs shall be in color and include views of surrounding properties;

• (f) If in a designated historic district, relationship of the proposed work to the surrounding environment;

• (g) For new construction in a designated historic district, relationship of the proposed work to the existing

scale, massing, architectural style, site and streetscape, landscaping, and signage of the historic district;

• (h) For relocation, documentation of an agreement between the owner of the historic resource(s) and the owner of the proposed receiver site;

• (i) Property owner authorization;

• (j) Any application fees as determined by the city; and

• (k) Any other information the city reasonably determines to be necessary for review of the application.

• (2) Certificate of demolition ("C of D"). If a C of D is required in accordance with this section, a C of D application shall be filed with the city. Applications shall include the following:

• (a) Current photographs of the historic resource(s) for which the C of D is being requested;

• (b) A site plan identifying the historic resource(s) proposed for demolition, and any other buildings, structures, or site features on the property;

• (c) One of the following:

1. Evidence demonstrating that the historic resource has been destroyed through a catastrophic event that has rendered the resource a hazard to the public health, safety, or welfare;

2. A re-evaluation in the form of a historic resource assessment demonstrating that the historic resource is no longer eligible because it does not meet the criteria or integrity thresholds for local designation as an Alhambra Historic Landmark or listing in the California or National Registers; and/or

3. An approved certificate of economic hardship pursuant to § 23.23.100.

• (d) Property owner authorization;

• (e) Any application fees as determined by the city; and

• (f) Any other information the city reasonably determines to be necessary for review of the proposed demolition.

• (B) Review process.

• (1) Initial completeness review. The initial completeness review of the application will be carried out in accordance with § 23.31.030.

• (2) Permit moratorium during certificate of demolition review process. For any historic resource not deemed an

imminent hazard, the Historic Preservation Commission may delay demolition for a period of up to but not exceeding 180 days. During this period, the Historic Preservation Commission and city staff shall work with the property owner to explore alternatives to demolition, including but not limited to the following:

(a) Rehabilitation in compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties;

• (b) Application of the California Historical Building Code;

• (c) Use of financial incentives such as the Mills Act Property Tax Abatement Program;

• (d) Relocation;

• (e) Resale; and

• (f) Other alternatives as appropriate.

(C) Levels of review. The type of alteration being proposed and the type of resource affected by the alteration will determine the level of review required. Unless the alteration is exempt from review and issued a waiver, a C of A or C of D is required for approval by the Director, the Historic Preservation Commission, or City Council, as specified below and in Table 23.23.090. A project requiring multiple separate applications under this chapter will have each application reviewed by the specified review authority; however, an application processed with concurrent applications under this title or Title 22 shall go to the highest review authority as set forth in § 23.30.070. All alterations are subject to all other provisions of this title, including Chapter 23.33, unless specifically exempted.

• (1) Designated historic landmarks.

• (a) Major alterations, other than demolition, require a C of A and review by the Historic Preservation Commission.

• (b) Demolition requires a C of D, advisory review by the Historic Preservation Commission, and final review by City Council.

• (c) Minor alterations require a C of A and review by the Director.

• (d) Negligible alterations are exempt from review.

• (2) Eligible individual historic resources:

• (a) Major alterations, other than demolition, require a C of A and review by the Historic Preservation Commission.

• (b) Demolition requires a C of D and review by the Historic Preservation Commission.

• (c) Minor alterations and negligible alterations are exempt from review.

• (3) Potentially eligible individual historic resources.

• (a) Major alterations, including demolition, require a historic resource assessment prepared by a qualified

professional as outlined in § 23.23.030. If the historic resource assessment determines that the resource meets designation criteria as an Alhambra Historic Landmark and/or for listing in the California or National Registers, and that it meets the integrity thresholds, the property is considered an eligible historic resource and is subject to the review process for eligible individual historic resources in accordance with this section. If the historic resource

assessment determines that the resource meets designation criteria as an Alhambra Historic Landmark and/or for listing in the California or National Registers, and that it meets the integrity thresholds, the property is considered an eligible historic resource and is subject to the review process for eligible individual historic resources in accordance with this section. If the historic resource

assessment determines that the property is not eligible, the property is not subject to the review process outlined in this section.

• (4) Designated historic districts.

• (a) Contributing resources.

1. Major alterations, including demolition or new construction of an ancillary structure, require a C of A and review by the Historic Preservation Commission.

2. Minor alterations require a C of A and review by the Director.

3. Negligible alterations are exempt from review.

• (b) Non-contributing resources.

1. Major alterations, including demolition or new construction of an ancillary structure, require a C of A and review by the Director.

2. Minor alterations and negligible alterations are exempt from review.

• (c) New construction of a primary building.

1. New construction of a primary building on a property in a designated historic district requires a C of A and review by the Director.

• (5) Potentially eligible and eligible historic districts.

(a) All contributing and non-contributing resources in potentially eligible and eligible historic districts are exempt from review, except for designated historic landmarks, eligible individual historic resources, or potentially eligible individual historic resources, which shall be subject to the applicable review requirements as outlined in the divisions above.

Notes:

1. Properties listed in the California Register or National Register are considered designated properties and are therefore exempt from Chapter 23.33, Design Review. See Section 23.23.110, Incentives for Historic Preservation. 2. All contributing and noncontributing resources in potentially eligible and eligible Historic Districts are exempt from review, except for designated historic landmarks, eligible individual historic resources, or potentially eligible individual historic resources, which shall be subject to the applicable review requirements as outlined in § 23.23.090(C).

(D) Review authority.

(1) Director. C of A applications requiring administrative approval will be reviewed by the Director. No public hearing shall be required for applications reviewed by the Director. The Director may approve, or approve with conditions, the application. Decisions of the Director regarding the application are subject to appeal per § 23.31.120. (2) Historic Preservation Commission. C of A and C of D applications requiring approval or a recommendation by the Historic Preservation Commission shall be reviewed by the Historic Preservation Commission at a public hearing. The public hearing shall be noticed in accordance with § 23.31.050 and conducted in accordance with § 23.31.060. At the hearing, the Historic Preservation Commission shall adopt a resolution either making a recommendation to City Council, or approving, conditionally approving, or denying the application. Within ten days of the public hearing, city staff shall notify the applicant by letter of the Historic Preservation Commission's determination. Decisions of the Historic Preservation Commission regarding the application are subject to appeal per § 23.23.120.

(3) City Council. The Historic Preservation Commission's recommendation on a C of D application requiring final review and approval by City Council, shall be reviewed by City Council at a public hearing. The hearing shall be noticed in accordance with § 23.31.050 and conducted in accordance with § 23.31.060. At the hearing, City Council shall approve, conditionally approve, or deny the C of D application. Within ten days of the hearing, city staff shall notify the applicant and owner(s) of record by letter of the City Council's determination.

(E) Required findings.

(1) Certificate of appropriateness findings. In evaluating a C of A application, the Director, the Historic Preservation Commission, and/or City Council, upon appeal, shall consider the scale, massing, design, architectural features, materials, and any other relevant physical features associated with the historic resource proposed for alteration. Applications shall not be approved unless the overall weight of the evidence supports one or more findings below, as appropriate:

(a) For a designated historic landmark or eligible individual historic resource, the proposed work will neither adversely affect the exterior architectural characteristics or other features of the resource nor adversely affect the character of historical, architectural, or aesthetic interest or value of the resource and its site.

(b) For a property within a designated historic district, the proposed work will be compatible with its surroundings, including neighboring properties, and will not adversely affect existing spatial relationships, nor the historical, architectural, or aesthetic character of the district.

(c) The proposed work complies with the Secretary of the Interior's Standards for the Treatment of Historic Properties and any other applicable design guidelines adopted by the city.

(d) For relocation, moving of the historic resource to another site is necessary to correct an unsafe or dangerous condition at the current site and no other measures for correcting the condition have been determined feasible, or moving of the historic resource is necessary for its preservation and no other options for preserving the historic resource at the current site have been determined feasible.

(e) For property owners proposing to carry out work that may adversely affect the significance of a historic resource and would potentially face undue financial burden from having to meet the requirements of a C of A, the owner may apply for a certificate of economic hardship following the process outlined in § 23.23.100, in lieu of obtaining a C of A.

(2) Certificate of demolition findings. In evaluating a C of D application, the Historic Preservation Commission or City Council, as appropriate, shall make a determination based on the overall weight of the evidence supporting one or more of the following findings:

(a) The potential negative effects of demolition are outweighed by the benefits of the associated replacement project, as applicable; or

(b) There is sufficient evidence, including evidence provided by the applicant, that relocation of the historic resource is not feasible; or

(c) Demolition of the historic resource is necessary to protect or promote the health, safety, or welfare of the residents of the city, including the need to eliminate blight or nuisance, or correct an unsafe or dangerous condition at the site; or

(d) The historic resource is no longer eligible based on a re-evaluation of the resource in the form of a historic resource assessment; or

(e) If the property owner has demonstrated undue financial burden and has obtained a certificate of economic hardship following the process outlined in § 23.23.100.

(F) Conditions of approval. In approving a C of A or C of D, the review authority shall impose reasonable conditions or restrictions deemed necessary to ensure compliance with the findings required in division (E) above, and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with. The city reserves the right to have conditions modified or added to address impacts greater than originally anticipated or new impacts not previously contemplated at the time of approval.

(Ord. 4848, passed 9-8-25)

(A) Purpose. This section establishes the process for approving a certificate of economic hardship to allow a property owner to carry out work that may adversely affect the significance of a historic resource on the basis of extreme financial hardship or adversity.

(B) Applicability. A certificate of economic hardship may be obtained for alterations to a designated historic landmark, eligible individual historic resource, or contributing resource in a designated historic district, when the proposed alterations do not comply with the Secretary of the Interior's Standards for the Treatment of Historic Properties. If requested, a certificate of economic hardship shall be reviewed and approved prior to the required approval of a C of D or in lieu of a C of A.

(C) Criteria for establishing economic hardship.

(1) Income-producing properties. In order to establish economic hardship for an income-producing property, it must be demonstrated that, without approval of the economic hardship application, the property owner would be deprived of any reasonable economic return of the property, taking into account the required findings outlined in division (F) below.

(2) Non-income-producing properties. In order to establish economic hardship for a non-income-producing property, it must be demonstrated that, without approval of the economic hardship application, the property owner would be deprived of all reasonable use of or return on the property, taking into account the required findings outlined in division (F) below.

(D) Application for certificate of economic hardship. Certificate of economic hardship applications shall be submitted on a form provided by the city and shall contain all required information, including any applications fees as determined by the city and property owner authorization. The city may require the owner to furnish additional material evidence supporting the request for a certificate of economic hardship. The initial completeness review of the application will be carried out in accordance with § 23.31.030.

(E) Historic Preservation Commission review. Applications for certificates of economic hardship shall be reviewed by the Historic Preservation Commission at a public hearing. The public hearing shall be noticed in accordance with § 23.31.050 and conducted in accordance with § 23.31.060. At the hearing, the Historic Preservation Commission shall adopt a resolution approving, conditionally approving, or denying the application. Within ten days of the public

hearing, city staff shall notify the applicant by letter of the Historic Preservation Commission's determination. Decisions of the Historic Preservation Commission regarding the application are subject to appeal per § 23.23.120.

(F) Required findings. The Historic Preservation Commission shall approve the certificate of economic hardship only if there is sufficient evidence that the historic resource retains no reasonable economic use and/or that retention of the historic resource would cause undue economic hardship, taking into account the historic resource's condition, location, the current market value, and the cost of rehabilitation to meet the requirements of the Building Code, including the California Historical Building Code, or other city, state, or federal law. In approving a certificate of economic hardship, the Historic Preservation Commission must make at least one of the following findings:

(1) Denial of the application would decrease the value of the subject property so as to deprive the owner of any reasonable economic return on the property;

(2) Denial of the application would cause an immediate hardship because of conditions unique to the specific property involved;

(3) Sale or rental of the property is not financially feasible, when considering the cost of holding such property for uses permitted in the zone;

• (4) Rental at a reasonable rate of return is not feasible; or

(5) Denial of the application would damage the property owner unreasonably in comparison to the benefit conferred to the community.

(G) Conditions of approval. In approving a certificate of economic hardship, the Historic Preservation Commission shall impose reasonable conditions or restrictions deemed necessary to ensure compliance with the findings required in division (F) above, and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with. The city reserves the right to have conditions modified or added to address impacts greater than originally anticipated or new impacts not previously contemplated at the time of approval. (Ord. 4848, passed 9-8-25)

(A) Mills Act Property Tax Abatement Program. The Mills Act Property Tax Abatement Program (Mills Act) was enacted in 1972 by the State of California and grants participating local governments authority to enter into contracts with owners of qualified historic properties who actively participate in the repair, rehabilitation, restoration, and maintenance of their properties to receive property tax relief.

(1) Applicability. All locally designated historic landmarks, contributing resources in designated historic districts, and properties that are listed in the California or National Registers are qualified historic properties eligible for Mills Act Contracts, pursuant to the provisions of Cal. Gov’t Code §§ 50280 through 50289, Article 12, Chapter 1, Part 1, Title 5.

(2) General requirements. The City Attorney shall prepare and maintain a current Mills Act contract with all required provisions specified by state law and this section. All Mills Act contracts shall comply with Cal. Gov’t Code § 50281, which include, but are not limited to, the following provisions:

• (a) The term of the contract shall be for a minimum of ten years.

(b) The applicant and property owner shall be required to comply during the term of the contract with the Secretary of the Interior's Standards for the Treatment of Historic Properties as well as the California Historical Building Code.

(c) The city shall be authorized to conduct periodic inspections of the qualified historic property to determine the applicant's and owner's compliance with the contract.

(d) The contract shall be binding upon all successors-in-interest of the owner.

(3) Application requirements. The city will accept Mills Act contract applications on an annual basis. The city may determine on an annual basis how many contracts it will accept and may set a financial cap on the program. All Mills Act contract applications shall be filed with the Community Development Department and include the following:

• (a) A description and photographs of the property;

• (b) A copy of the latest grant deed, deed of trust, or title report for the property;

• (c) A rehabilitation plan/maintenance list of the work to be completed within the ten-year contract period, including cost estimates and the year in which the work will be completed;

• (d) A financial analysis showing current property taxes and estimated taxes for the property under the contract;

• (e) Property owner authorization; and

• (f) Any application fees as determined by the city.

• (4) Initial completeness review. The initial completeness review of the Mills Act contract application will be carried out in accordance with § 23.31.030.

• (5) Review process.

(a) Historic Preservation Commission. Following the application submittal, the Historic Preservation Commission shall review all applications. Within 30 days from the beginning of review, the Historic Preservation Commission shall make recommendations to City Council on the merits of the proposed applications.

(b) City Council. City Council may in its sole and absolute discretion authorize the execution of all Mills Act contracts. Approval of contracts is procedural and shall not require a public hearing.

(6) Work plan amendments. The contract may provide that alterations to the approved work plan require review and approval by the Community Development Department.

(B) California Historical Building Code. The California Historical Building Code (CCR Title 24, Part 8) may guide upgrades and alterations to designated historic landmarks, contributors in designated historic districts, and properties that are listed in the California or National Registers, where applicable.

(C) Other incentives. The following incentives shall apply to designated historic landmarks, contributing resources in designated historic districts, and properties that are listed in the California or National Registers.

(1) Exemption from design review. Properties subject to project review under this chapter shall be exempt from review under Chapter 23.33.

(2) Reduction of building permit fees. Properties subject to project review under this chapter are eligible for a reduction in building permit fees. Permit fee reductions will be determined by City Council.

(3) Waiver of parking requirements for residential uses. Existing parking is not required to be maintained, if removal of the parking spaces would facilitate or accommodate preservation of a historic resource. Where additional dwelling units are created through the alteration of an existing building or construction of an additional structure or structures, no additional parking shall be required for the additional dwelling units. (Ord. 4848, passed 9-8-25)

(A) Appeals. The owner of a property subject to project review, or the applicant, if different than the owner, may appeal any decision by the Director or the Historic Preservation Commission under this chapter as provided for in § 23.31.120.

(B) Expiration, extensions, and revisions. Approvals for certificates of appropriateness, certificates of demolition, and certificates of economic hardship may only be expired, extended, or modified as provided for in Chapter 23.31. Approvals for designation may be amended pursuant to § 23.23.080.

(C) Revocation. Approval of certificates of appropriateness may be revoked pursuant to § 23.31.120, if any of the conditions of terms of the approval are violated or if any law or ordinance is violated. Approval of designation may be rescinded pursuant to § 23.23.080.

(Ord. 4848, passed 9-8-25)

(A) Purpose. The intent of this section is to ensure Alhambra's historic resources are maintained and repaired in a manner that will protect the historic integrity of both the historic resource and the surrounding area from deliberate or inadvertent neglect. The owner of a designated historic resource has a duty to maintain in good repair all structural and exterior features and to comply with all applicable codes, laws, and regulations governing the maintenance of the resource.

(B) General requirements. Designated historic resources shall be protected against decay and be kept free from structural defects through the prompt repair of any of the following:

(1) Deteriorated exterior walls, foundations, or other vertical supports that age, split, or buckle;

(2) Deteriorated ceilings, roofs, roof supports, flooring, floor supports, or other horizontal members that age, split, or buckle;

• (3) Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration;

• (4) Deteriorated, crumbling, or loose exterior plaster;

(5) Defective or insufficient weather protection for exterior walls, including lack of paint or other protective coating;

(6) Any fault or defect in the building that renders it susceptible to water intrusion or otherwise structurally unsafe; and

(7) Landscape, if it has been identified as a character-defining feature of a designated historic resource.

(C) Required findings and city action. If the city finds that a designated historic resource has fallen into a state of being beyond repair and/or is in danger of collapse, the city shall affirmatively require appropriate interventions to arrest the ongoing decay and/or prevent the historic resource from being torn down-so-called "demolition by neglect". (Ord. 4848, passed 9-8-25)

Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior feature, or alterations related to life safety repairs, in or on any property covered by this chapter that does not involve a change in design, material, or appearance thereof.

(Ord. 4848, passed 9-8-25)

(A) Nothing in this chapter shall prohibit the construction, alteration, rehabilitation, restoration, demolition, or relocation of any historic resource, when such action is required for public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California Historical Building Code.

(B) If work is immediately necessary to correct an unsafe or dangerous condition, the work shall be reviewed and approved by the Director.

(Ord. 4848, passed 9-8-25)

(A) Any person who violates a requirement of this chapter or fails to obey an order issued by the Director, the Historic Preservation Commission, or City Council, or fails to comply with a condition of approval of any certificate or permit issued under this chapter, shall be subject to the provisions set forth in § 23.31.150.

(B) Alteration or demolition of a historic resource in violation of this chapter is expressly declared to be a nuisance and shall be abated as deemed appropriate by the city.

(C) Alteration or demolition of a historic resource in violation of this chapter shall authorize the city to issue a temporary moratorium on development of the subject property for a period of up to but not exceeding 60 months (five years) from the date the city becomes aware of the alteration or demolition. The purpose of the moratorium is to provide the city with sufficient time to study and determine appropriate mitigation for the alteration or removal of the historic resource. Mitigation as determined by City Council shall be imposed as conditions of any subsequent permit for development of the subject property.

(D) Alteration or demolition of a historic resource in violation of this chapter shall be subject to a fine as determined by City Council.

(E) Following alteration or demolition of a historic resource in violation of this chapter, no future permits shall be issued by the city authorizing any new structure or combination of structures exceeding the original square footage of the historic resource.

(F) In addition to any other remedies available at law or in equity, the City Attorney may maintain an action for injunctive relief to restrain a violation, or cause, where possible, the complete or partial restoration, reconstruction, or replacement of a historic resource to its original condition in compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties.

(1) The property owner shall do such reconstruction, restoration, or replacement within one year of the City Attorney's action for an injunctive relief.

(2) If the property owner fails to carry out such work within this timeframe, the city may cause such work to be done at the cost of the owner.

(Ord. 4848, passed 9-8-25)