Long Beach Municipal Code Ch. 2.63 Cultural Heritage Commission

Footnotes:

--- (13) ---

Editor's note— ORD-15-0038 § 1, adopted Dec. 1, 2015, amended Ch. 2.63 in its entirety to read as herein set out. Former Ch. 2.63 §§ 2.63.010—2.63.110, pertained to similar subject matter, and derived from: Ord. C-6961 § 1 (part), 1992; Ord. C-6971 § 1, 1992; Ord. C-7521 § 1, 1998; Ord. C-7760 § 1, 2001; Ord. C-7836 § 1, 2002; ORD-05-0026 § 1, 2005; and ORD-09-0003 § 1, 2009.

Note— Prior ordinance history: Ordinance C-6624.

It is declared that the recognition, preservation, protection and use of cultural resources are necessary to the health, property, social and cultural enrichment and general welfare of the people. The purpose of this Chapter is:

A. To protect, enhance and perpetuate districts, buildings, structures, natural features, works of art, signs and other similar objects that are reminders of past eras, events and persons important in local, State or national history, or that provide significant examples of architectural styles of the past, or that are unique and irreplaceable assets to the City and its neighborhoods, or that provide for this and future generations significant examples of the physical surroundings in which past generations lived;

B. To develop and maintain appropriate settings and environments for cultural resources;

C. To increase the economic and financial benefits to the City and its inhabitants by promoting the City's tourist trade and thereby stimulating local business and industry;

D. To enhance the visual character of the City through the preservation and rehabilitation of varied building types and styles that reflect the City's cultural, social, economic, political and architectural history;

E. To encourage the rehabilitation, restoration and adaptive reuse of cultural resources using the best practices in the field of historic preservation principles;

F. To promote public understanding and appreciation of the unique architectural and cultural heritage of the City through educational programs; and

G. To strengthen civic pride in the beauty and notable accomplishments of the City's past, and thereby encourage community involvement in the City's future.

(ORD-15-0038 § 1, 2015)

A. "Alteration" means physical change to a district, building, structure, natural feature, work of art, sign or similar object subject to the provisions of this Chapter.

B. "Applicant" means a person, persons, association, partnership, corporation, or other business entity who applies for a certificate of appropriateness in order to undertake any modification to property subject to this Chapter.

C. "Archaeology" or "archeology" means the scientific study of the remains of past people and cultures as may be evidenced by artifacts, sites, implements, inscriptions, relics, etc.

D. "Certificate of appropriateness" means a written authorization issued pursuant to this Chapter to accomplish any modification to a Landmark or property within a Landmark District.

E. "City" means the City of Long Beach.

F. "Contributing Property" means a property within a Landmark District that was present during the period of significance and retains its integrity.

G. "Cultural resource" means district, building, structure, natural feature, work of art, sign or other similar objects having a special historical, cultural, archaeological, architectural or aesthetic value.

H. "Days" means consecutive calendar days unless otherwise specified.

I. "Director of Development Services" means the Director of the Development Services Department or his or her designee.

J. "Façade Easement" means a voluntary legal agreement between a property owner and qualified organization to protect a significant cultural resource.

K. "Improvement" means any building, structure, work of art, sign or similar object constituting a physical addition to real property or any part of such addition.

L. "Integrity" means the ability of the cultural resource to convey its significance, defined by a combination of the following qualities: location, design, setting, materials, workmanship, feeling and association.

M. "Landmark" means any property or improvement, manmade or natural, that has special historical, cultural, archeological, architectural or aesthetic value as part of the heritage of the City, State, or United States and has been designated as a Landmark pursuant to the provisions of this Chapter.

N. "Landmark District" means any grouping of related properties that has a special historical, cultural, archeological, architectural or aesthetic value as part of the heritage of the City, State or United States and has been designated as a Landmark District pursuant to the provisions of this Chapter.

O. "Member" means any member of the Cultural Heritage Commission.

P. "Mills Act" means the program implemented by the City of Long Beach to provide a financial incentive for property owners to undertake restoration, rehabilitation, or maintenance of a Landmark property.

Q. "Modification" means any alteration, demolition, removal, construction, exterior painting, or window replacement, of any improvement or natural feature subject to the provisions of this Chapter.

R. "Natural feature" means any tree, plant life or geological element subject to provisions of this Chapter.

S. "Ordinary repairs and maintenance" means any work done on any improvements or replacement of any part of an improvement for which a building permit is not required by law and where the purpose and effect of such work or replacement is to correct any deterioration, decay or damage to such improvement in order to restore it to original condition prior to the occurrence of such deterioration, decay or damage.

T. "Owner" means the person, persons, association, partnership, corporation or other business entity appearing as the owner of such improvement, natural feature or property on the last equalized assessment roll of the County.

U. "Period of Significance" means the period of time in which the resource achieved significance.

V. "Person" means any individual, association, partnership, firm, corporation, public agency or political division.

W. "Relocation" means moving a building, structure, work of art, sign or similar object from one site to another.

(ORD-15-0038 § 1, 2015)

A. A Cultural Heritage Commission is created by this Chapter whose purpose shall be to recognize, protect and promote the retention, maintenance and use of Landmarks and Landmark Districts in the City in accordance with this Chapter. Said Commission shall consist of seven (7) members who are residents of the City who have manifested a knowledge and interest in the preservation of the City's cultural heritage.

B. Commission members shall be appointed from the disciplines of architecture, urban design, history, architectural history, urban planning, archeology or other historic preservation related disciplines, such as American studies, American civilization, cultural geography or cultural anthropology, to the extent that such professionals are available in the community. Commission membership shall also include lay members who have special interest or concern in, or who have demonstrated competence, experience or knowledge in historic preservation or related disciplines.

C. The term of office and the number of terms of office of the members of the Commission shall be in accordance with and pursuant to the provisions of Chapter 2.18, as the provisions of Chapter 2.18 are presently worded or hereafter amended.

(ORD-20-0021 § 3, 2020; ORD-15-0038 § 1, 2015)

The Cultural Heritage Commission shall have the following powers and duties:

A. To recommend to the City Council that specific districts, buildings, structures, natural features, works of art, signs or similar objects having a special historical, cultural, archaeological, architectural, or aesthetic value as part of the heritage of the City, be designated as a Landmark or Landmark District;

B. To review any proposed modifications to Landmarks or to a contributing building or structure within a Landmark District, and to issue or deny a certificate of appropriateness thereon;

C. To encourage public interest in the preservation of cultural resources in the City;

D. To compile, maintain and update a local register of Landmarks and Landmark Districts and to publicize and periodically update the City's cultural resource survey;

E. To review and comment for advisory purposes only upon the conduct of land use, housing, redevelopment, public works and other types of planning and programs undertaken by any agency or department of the City, County, State or nation, as they relate to the cultural heritage of the City;

F. Upon authorization of the City Council, coordinate and cooperate with local, County, State and federal governments in pursuit of the Commission's purposes;

G. Subject to the consent of the City Council, recommend acceptance of gifts, grants and facade easement donations consistent with the purposes for which the Commission was established;

H. To make and adopt, and from time to time amend, rules and procedures governing the conduct of its business and provide for the administration of this Chapter consistent with Chapter 2.18 of this Code;

I. To assume whatever responsibilities and duties may be assigned to it by the State under certified local government provisions of the National Historic Preservation Act of 1966, as amended; and

J. To perform any other functions consistent with the purposes herein that may be directed by the City Council.

(ORD-15-0038 § 1, 2015)

Landmarks. A cultural resource qualifies for designation as a Landmark if it retains integrity and manifests one (1) or more of the following criteria:

A. It is associated with events that have made a significant contribution to the broad patterns of the City's history; or

B. It is associated with the lives of persons significant in the City's past; or

C. It embodies the distinctive characteristics of a type, period or method of construction, or it represents the work of a master or it possesses high artistic values; or

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

Landmark Districts. A group of cultural resources qualify for designation as a Landmark District if it retains integrity as a whole and meets the following criteria:

A. The grouping represents a significant and distinguishable entity that is significant within a historic context.

B. A minimum of sixty percent (60%) of the properties within the boundaries of the proposedlandmark district qualify as a contributing property.

(ORD-15-0038 § 1, 2015)

The Cultural Heritage Commission may recommend the designation of a Landmark either upon its own nomination or upon nomination by any interested group or individual including the owner or occupant of the property proposed for such designation.

A. Nomination for the designation of a Landmark. Nomination of a resource for Landmark designation shall be submitted to the Development Services Department for review in the manner prescribed in this Section.

1. Nomination application. A nomination shall be filed by submitting a completed application on a form provided by the Development Services Department.

2. Application Fee. A filing fee shall accompany each application in the amount set forth in the fee schedule adopted by the City Council by resolution.

3. Application review. Staff reviews the application for completeness:

a. If the application is deemed incomplete, Staff contacts the applicant for additional information.

b. If the application is deemed complete, Staff:

i. Schedules the nomination for a public hearing on the next available agenda of the Cultural Heritage Commission, but no more than sixty (60) days after the application is deemed complete;

ii. Notifies the affected property owner and the occupants of the property consistent with the City noticing requirements;

iii. Prepares a recommendation report for final action. The report shall include a discussion of the relationship of the proposed Landmark to the General Plan, its effect on the surrounding neighborhood and any other planning or historic preservation considerations that may be relevant to the proposed designation; and

iv. At least thirty (30) days before the date set for a hearing to consider a landmark nomination before the Cultural Heritage Commission, the Director of Development Services shall mail, by certified mail, postage prepaid, notice of the hearing to the affected property owner(s). Such mailing shall include a summary statement of the anticipated impacts and effects of a landmark designation as it relates to the future property and development rights, benefits, and constraints incumbent with a landmark designation. The notice shall also provide the owner the opportunity to meet with staff for further information regarding the designation process. The failure to mail the notice to the property owner or the failure of the property owner to receive the notice shall not affect the validity of any proceedings taken under this Chapter.

B. Review of the Landmark nomination.

1. The Cultural Heritage Commission shall review the nomination at a duly noticed public hearing and make a recommendation to the City Council based upon findings of fact pertaining to the designation criteria in this Chapter.

2. Final action recommending approval or disapproval of a nominated Landmark shall be by a majority vote of the Commission.

3. The City Council shall consider the nomination as soon as practical after receiving the Cultural Heritage Commission's recommendation, and shall approve by ordinance (in whole or in part) or disapprove the nomination. The ordinance designating a Landmark shall include a description of the particular characteristics that justify the designation; set forth the reasons relative to the designation criteria; and delineate the location and boundaries of the Landmark.

4. Notice of the City Council's decision shall be sent to the Cultural Heritage Commission, the applicant, and the owner of the subject property.

C. Declaration of a Landmark designation.

1. A certified copy of such ordinance shall be recorded in the Office of the County Recorder by the City Clerk immediately following its effective date. The ordinance to be recorded shall contain a legal description of the property, the date and substance of the designation, a statement explaining that the demolition, alteration or relocation of the property is restricted, and a reference to this Section authorizing the recordation.

2. The property included in the designation ordinance shall upon designation be subject to the controls and standards set forth in this Chapter.

D. Interim protection for properties while nomination is under review. Once a nomination has been deemed complete, and while the Cultural Heritage Commission's public hearing and the decision by the City Council on their recommendation is pending, no permits for the alteration, demolition or removal of improvements on the property nominated for Landmark status may be issued, provided that the prohibitions shall terminate on the one hundred eighty first day following the application being deemed complete, and provided that, notwithstanding the provisions of this Subsection D, requests for building permits which the Director of Development Services determines will have no adverse effect on the architectural character of the nominated property, and which meets the criteria for approval of certificates of appropriateness and the procedure set forth in Section 2.63.080, may be approved during the pendency of review of the subject nomination.

E. Rescinding or amending a Landmark designation.

1. The procedures for rescinding or amending the designation of a Landmark shall comply with the provisions of Subsections 2.63.060.A through E to designate a Landmark.

2. In rescinding or amending the designation of a Landmark, the Cultural Heritage Commission shall determine if one or more provisions of Subsections 2.a through 2.d, inclusive, of this Section are applicable to the designated Landmark.

a. The information in the Landmark nomination was erroneous and the property is not significant or does not retain its integrity.

b. New information contradicts the information in the Landmark nomination and the property is not significant or does not retain its integrity.

c. The Landmark has been altered since it was designated and no longer retains its integrity.

d. The Landmark has been demolished.

3. Notice of the rescission of or amendment to a designation shall be mailed to the owner of record of the subject property. The City Clerk shall file for removal of the recordation with the Office of the County Recorder.

(ORD-15-0038 § 1, 2015)

The Cultural Heritage Commission may recommend the designation of a Landmark District either upon nomination by a neighborhood group or owner of property in the proposed historic district. Nominations for Landmark Districts are processed as set forth in Subsections A through C of this Section.

A. Nomination for the designation of a Landmark District. Nomination of a resource for Landmark District designation shall be submitted to the Development Services Department for processing as prescribed below.

1. Nomination application. The nomination for a Landmark District shall be filed with the Development Services Department on an application form provided by the Department. The application shall include:

a. A petition that a simple majority of the property owners within the boundaries of the proposed Landmark District support the designation.

b. A map with the boundaries of the proposed Landmark District.

c. Evidence that the proposed Landmark District meets the designation criteria.

2. Application Fee. A filing fee shall accompany each application in the amount set forth in the fee schedule adopted by the City Council by resolution.

3. Application review. Staff reviews the application for completeness.

a. If the application is deemed incomplete, the Staff contacts the applicant for additional information.

b. If the application is deemed complete, the Staff:

i. Conducts a workshop for the affected property owners and the occupants of the properties on Landmark District designation;

ii. Makes a preliminary determination regarding the eligibility of the proposed Landmark District;

iii. If the proposed Landmark District appears to meet the designation criteria in this Chapter, the Director of Development Services authorizes the Staff to prepare a historic resources survey. The survey shall be conducted according to the methodology established by the State Office of Historic Preservation;

iv. Schedules the nomination, including the historic resources survey, for a public hearing on the next available agenda of the Cultural Heritage Commission, but no more than 60 days after the application is deemed complete;

v. Notifies the affected property owners and occupants of the public hearing consistent with City noticing requirements;

vi. Prepares a recommendation report for final action. The report shall include a discussion of the relationship of the proposed Landmark District to the General Plan, its effect on the surrounding neighborhood and any other planning or historic preservation considerations that may be relevant to the proposed designation.

B. Review of Landmark District nomination.

1. Upon completion of the historic resources survey, the Cultural Heritage Commission shall conduct a public hearing to review the nomination and make a recommendation to the City Council based upon findings of fact pertaining to the designation criteria in this Chapter.

2. Final action recommending approval or disapproval of a nominated Landmark District shall be by a majority vote of the Cultural Heritage Commission.

3. Within sixty (60) days of receipt of the Cultural Heritage Commission's recommendation, the City Council shall consider the recommendation at a public hearing, and by ordinance approve (in whole or in part) or disapprove the nomination. The ordinance designating a Landmark District shall include a description of the unifying characteristics that justify the designation; set forth the reasons for the designation relative to the designation criteria; establish the period of significance; delineate the boundaries of the District; and identify the contributing and noncontributing properties.

4. Notice of the City Council's decision shall be sent to the Cultural Heritage Commission, the applicant, and the owners of the properties within the Landmark District.

C. Declaration of Landmark District designation.

1. A certified copy of the ordinance shall be recorded in the Office of the County Recorder by the City Clerk immediately following its effective date. The ordinance to be recorded shall contain a legal description of the subject properties, the date and substance of the designation, a statement explaining that the demolition, alteration or relocation of cultural resources within the Landmark District is restricted, and a reference to this Section authorizing the recordation.

2. The properties included in the designation ordinance shall upon designation be subject to the controls and standards set forth in this Chapter.

D. Interim protection for properties while a nomination is under review. Once a nomination has been deemed complete, and while the Cultural Heritage Commission's public hearing and the decision by the City Council on their recommendation is pending, no permits for the alteration, demolition or removal of improvements on the property nominated for Landmark status may be issued, provided that the prohibitions shall terminate on the one hundred eighty-first day following the application being deemed complete, and provided that, notwithstanding the provisions of this Subsection D, requests for building permits which the Director of Development Services determines will have no adverse effect on the architectural character of the nominated property, and which meets the criteria for approval of certificates of appropriateness and the procedure set forth in Section 2.63.080, may be approved during the pendency of review of the subject nomination.

E. Rescinding or amending a Landmark District designation.

1. The procedures for rescinding or amending the designation of a Landmark District shall comply with Subsections 2.63.070.A through E.

2. In rescinding or amending the designation of a Landmark District, the Cultural Heritage Commission shall determine if one or more of the provisions of Subsections 2.a through 2.g, inclusive of this Section are applicable:

a. The information in the historic resource survey of the Landmark District was erroneous or the area is not significant and does not retain its integrity.

b. New information contradicts the information in the Landmark District nomination or the area is not significant and does not retain its integrity.

c. The boundaries of the Landmark District should be changed so that a minimum of 60 percent (60%) of the properties within the boundaries qualify as contributing properties.

d. The period of significance of the Landmark District should be changed to accurately reflect the reasons that justified its designation.

e. A property has been altered since it was designated and no longer retains its integrity. Therefore the status of the property should be changed from contributing to noncontributing.

f. The historic character of a property has been restored since it was designated. Therefore the status should be changed from noncontributing to contributing.

g. A contributing property has been demolished. Therefore the status of that structure should be changed to noncontributing.

3. Notice of the rescission of or amendment to a designation shall be mailed to the owner of record of the subject property. The City Clerk shall file for the revision of the ordinance recorded with the Office of the County Recorder.

(ORD-15-0038 § 1, 2015)

A. No person owning, renting or occupying property that has been designated a Landmark or situated in a Landmark District, shall make any modification to such property unless a certificate of appropriateness has been issued authorizing such modification. All modifications made to Landmarks or properties within Landmark Districts require a certificate of appropriateness whether or not the alteration, demolition, removal or construction of such property requires a City permit.

B. The Cultural Heritage Commission shall be responsible for considering and issuing certificates of appropriateness for substantial alterations made to City designated Landmarks or to contributing structures, buildings or sites within a Landmark District. For the purpose of this Section, "substantial alterations" shall mean an alteration that jeopardizes a structure's individual eligibility as a City designated landmark or as a contributing structure on the National Register of Historic Places, or its status as a contributing structure within a Landmark District, or the California Register of Historical Resources, such as, but not limited to:

1. The addition, removal, alteration or substitution of defining architectural features, such that the building or structure is incapable of yielding important historical information about its period, including changes to the exterior siding (unless siding is replaced with siding of similar size and appearance), roof pitch, fenestration and the compatibility of additions in terms of general scale, massing, and materials.

2. Isolation of a property or alteration of its setting such that the historic character and integrity are no longer reflected in the site. Examples may include the introduction of parking lots, removal of subsidiary buildings, or relocation of a structure from its original site.

3. Use of surface cleaning or maintenance methods which endanger the building, structure, or object's historic building materials, such as sandblasting and improper masonry repointing.

The Director of Development Services shall be responsible for considering and issuing certificates of appropriateness within Landmark Districts in all other instances, including, but not limited to, the replacement of windows and doors (including screen doors) with like materials (e.g., wood window changed with wood or wood-clad window of similar aesthetics); replacement or repair of siding similar in size and appearance; replacement or repair of a porch or primary entry to the building or structure; replacement or repair of garage doors that are visible from the public right-of-way; or installation or repair of rain gutters.

C. An applicant for a certificate of appropriateness shall file an application with the Cultural Heritage Commission or Director of Development Services, as appropriate. The application shall contain all facts and information necessary to properly consider the matter. The applicant shall also pay such fee as is established by resolution of the City Council.

D. The Cultural Heritage Commission or, as appropriate, the Director of Development Services, shall only issue a certificate of appropriateness if it is determined that the proposed modification:

1. Will not adversely affect any significant historical, cultural, architectural or aesthetic feature of the Landmark or subject property within the Landmark District and that issuance of the certificate of appropriateness is consistent with the spirit and intent of this Chapter.

2. Will remedy any condition determined to be imminently dangerous or unsafe by the Fire Marshal and/or Building Official.

3. Will comply with the Secretary of the Interior's Standards for the Treatment of Historic Properties and Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings.

4. Will comply with the Design Guidelines for Landmark Districts, for a property located within a Landmark District.

E. If the Cultural Heritage Commission or, if authorized, the Director of Development Services determines that the proposed modification will adversely affect any significant historical, cultural, architectural or aesthetic feature of the Landmark or concerned property within a Landmark District, the certificate of appropriateness shall be denied. If the Commission or the Director of Development Services finds that the adverse effects can be overcome by minor modifications to the application, a certificate of appropriateness with conditions may be issued.

F. Once a certificate of appropriateness is issued, the applicant may proceed with the proposed modification, provided all other requirements of the City are met.

G. The California State Historical Building Code, which is set forth in Sections 18950 to 18961, incusive, of Division 13, Part 2.7 of the Health and Safety Code, shall be used for any Landmark or contributing property within a Landmark District through the City's building permit procedure.

H. The provisions of this Section shall not be construed so as to prevent the ordinary maintenance and repair of any exterior feature of a Landmark or property within a Landmark District; or to prevent the construction, reconstruction, alteration, restoration or demolition of any feature which is necessary to remedy an immediately unsafe or dangerous condition as determined by the Fire Department and/or Building Official excluding orders issued pursuant to Chapter 18.68 of this Code. In such cases, the work must be approved by the Director of Development Services, and no certificate of appropriateness shall be required.

The Director of Development Services shall determine whether or not the proposed work, alteration, construction or improvement constitutes ordinary maintenance and repair and is therefore exempt from the certificate of appropriateness requirement established by this Chapter.

I. Notwithstanding any other provision of this Chapter, a certificate of appropriateness shall become void unless construction relating to the approved modification is commenced within thirty-six (36) months of the date of issuance. Certificates of appropriateness may be renewed for an additional twelve (12) month period by applying to the Cultural Heritage Commission staff or to the Director of Development Services.

If the approved modification is not completed within twelve (12) months after the expiration of the last building permit, a new certificate of appropriateness shall be required.

J. Any Certificate of Appropriateness approved between January 1, 2019 and the effective date of this ordinance shall be effective for a period of thirty-six (36) months from the date of issuance, at which time it will expire and be of no force or effect.

(ORD-20-0022 §§ 1, 3, 2020; ORD-15-0038 § 1, 2015)

All hearings conducted by the Cultural Heritage Commission and determinations by the Director of Development Services shall be conducted in accordance with the provisions of this Chapter and in the following manner:

A. For public hearings to be conducted by the Cultural Heritage Commission, notice shall be consistent with current City noticing requirements set forth in Section 21.21.302.

B. The Director of Development Services shall consider all applications for certificates of appropriateness within his/her jurisdiction as set forth in Section 2.63.080. Determinations shall be made within forty-five (45) days after the applicant has submitted an application and the Director determines it to be complete. The Director has authority to approve, conditionally approve or deny an application. Determinations made pursuant to this Subsection shall not require a formal hearing or notice. In making his/her determination the Director shall make written findings in accordance with the criteria set forth in Subsections 2.63.080.D and E. Determinations made by the Director of Development Services may be appealed by the Applicant to the Cultural Heritage Commission. In the case of such appeal, the procedures set forth in Section 2.63.100 ("Appeals") shall apply. Rather than act on an application for a certificate of appropriateness within his/her jurisdiction, the Director of Development Services may, in his/her sole discretion, refer the application to the Cultural Heritage Commission for its determination. In such case the procedures set forth in Subsection 2.63.090.A shall apply.

C. After considering all of the testimony and evidence submitted, the Cultural Heritage Commission shall render its decision. The decision shall be in writing and shall include findings of fact, a summary of the relevant evidence and a statement of issues. A copy of the decision shall be provided to the applicant and to any other person who has requested it. All hearings shall be conducted and decisions rendered no later than ninety (90) days from the date that an application has been deemed complete by the Director of Development Services.

(ORD-15-0038 § 1, 2015)

Any person aggrieved by the denial or approval of a certificate of appropriateness may appeal such denial or approval in the following manner:

A. The appellant may file a notice of appeal, in writing, with the Department of Development Services within ten (10) calendar days after issuance of the written decision to deny or approve the application for a certificate of appropriateness. The appeal shall be filed on a form prescribed by the Development Services Department and accompanied by payment of the appeal fee as established by resolution of the City Council. The appeal shall, in the case of a decision of the Cultural Heritage Commission, be heard by the Planning Commission, or in the case of a determination by the Director of Development Services, by the Cultural Heritage Commission. The appeal hearing shall be conducted no later than forty-five (45) days after the notice of appeal has been filed and deemed complete. Notice of the appeal hearing shall be provided to the appellant, the applicant, and to any person who has requested in writing that such notice be provided. Notice of the appeal hearing shall also be posted at the subject site at least fourteen (14) days prior to the hearing in a form and manner deemed appropriate by the Director of Development Services.

B. The appeal body may affirm, reverse or modify the action of the Cultural Heritage Commission or the Director of Development Services and may affix whatever conditions of approval as it deems reasonably necessary.

C. The decision of the Cultural Heritage Commission or the Planning Commission on appeal shall be final. Pursuant to California Code of Civil Procedure Section 1094.6, the time within which to seek judicial review of the final decision is ninety (90) days after the date the decision becomes final. The decision becomes final as of the date the appeal hearing is conducted and a decision is rendered.

(ORD-15-0038 § 1, 2015)

This Chapter shall empower the City to acquire facade easements or development rights to Landmarks or contributing properties within a Landmark District, through purchase, donation or condemnation. The easement or development rights shall be designed to run with the land in order to preserve or maintain the significant features of the subject property.

(ORD-15-0038 § 1, 2015)

A. Any person who knowingly violates a requirement of this Chapter or who knowingly fails to obey a lawful order issued by the Cultural Heritage Commission or the Director of Development Services, or to comply with a condition of approval of any certificate or permit issued under this Chapter shall be guilty of a misdemeanor and be subject to provisions of Section 1.32.010 of this Code.

B. Any person who constructs, alters, removes or demolishes a designated Landmark or contributing property within a designated Landmark District in violation of this Chapter shall be required to restore the building, object, site or structure to its appearance or setting prior to the violation. Any action to enforce this provision may be brought by the City or any other interested party. The civil remedy may be in addition to, and not in lieu of, any criminal prosecution and or administrative penalty or other remedy provided by law.

C. Any person who constructs, alters, removes or demolishes a designated Landmark or contributing property within a designated Landmark District in violation of this Chapter may be subject to an administrative citation for each violation in accordance with Chapter 9.65 of this Code. As part of any enforcement proceeding, violators may be required to restore the building, object, site or structure to its appearance or setting prior to the violation.

D. Every Landmark or contributing property within a Landmark District shall be maintained in good repair by the owner or person who is legally responsible for the property in order to prevent its deterioration or decay.

(ORD-15-0038 § 1, 2015)

Preservation incentives shall be made available to owners of properties that are Landmarks or contributing to a Landmark District, as appropriate, through:

A. Variances for height or setbacks consistent with existing structures.

B. Waivers from requirements for covered parking or parking spaces.

C. Mills Act Historic Property Contracts.

D. Adaptive Reuse Ordinance.

E. Building permits issued under the California State Historical Building Code.

(ORD-15-0038 § 1, 2015)