Los Angeles Zoning Code — LAMC Chapter 1A Div. 13B.8 Historic Preservation

A. Purpose

As a matter of public policy, the recognition, preservation, enhancement, and use of buildings, structures, landscaping, natural features, and areas within the city having historic, architectural, cultural or aesthetic significance are required in the interest of the health, economic prosperity, cultural enrichment and general welfare of the people. this Division (Historic Preservation) is designed to:

1. Protects and enhances the use of buildings, structures, natural features, and areas, which are reminders of the city’s history, or which are unique and irreplaceable assets to the city and its neighborhoods, or which are worthy examples of past architectural styles;

2. Develops and maintains the appropriate settings and environment to preserve these buildings, structures, landscaping, natural features, and areas;

3. enhances property values, stabilize neighborhoods and/or communities, render property eligible for financial benefits, and promote tourist trade and interest;

4. Fosters public appreciation of the beauty of the city, of the accomplishments of its past as reflected through its buildings, structures, landscaping, natural features, and areas;

5. Promotes education by preserving and encouraging interest in cultural, social, economic, political and architectural phases of its history;

6. Promotes the involvement of all aspects of the city’s diverse neighborhoods in the historic preservation process; and

7. ensures that all procedures comply with the california environmental Quality Act (ceQA).

B. Applicability

1. General

this Division (Historic Preservation) applies to any project within a Historic Preservation Overlay Zone (HPOZ).

2. Exemptions

this Division (Historic Preservation) does not apply to the following:

• a. the correction of emergency or Hazardous conditions where the Department of Building and Safety, the los Angeles Housing Department, or other enforcement agency has determined that emergency or hazardous conditions currently exist and the emergency or hazardous conditions must be corrected in the interest of the public health, safety and welfare. When feasible, the Department of Building and Safety, los Angeles Housing

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Department, or other enforcement agency should consult with the Director on how to correct the hazardous condition, consistent with the goals of the HPOZ. However, any other work shall comply with the provisions of this Division (Historic Preservation) .

• b. Department of Public Works improvements located, in whole or in part, within an HPOZ:

  • i. Where the Director finds:

    • a) that the certified Historic resources Survey for the HPOZ does not identify any contributing elements located within the right-of-way and/or where the right-ofway is not specifically addressed in the approved Preservation Plan for the HPOZ; and

• b) Where the Department of Public Works has completed the ceQA review of the proposed improvement, and the review has determined that the improvement is exempt from ceQA, or will have no potentially significant environmental impacts.

  • ii. the relevant Historic Preservation Board shall be notified of the project, given a description of the project, and an opportunity to comment.

• c. Work authorized by an approved Historical Property contract by the city council.

• d. Where a building, structure, landscaping, natural feature or lot has been designated as a city Historic-cultural Monument by the city council, unless proposed for demolition. However, those properties with federal or state historic designation which are not designated as city Historic-cultural Monuments or do not have a city Historical Property contract are not exempt from review under this Division (Historic Preservation) .

• e. Where work consists of repair to existing structural elements and foundations with no physical change to the exterior of a building.

• f. Where work consists of interior alterations that do not result in a change to an exterior feature.

• g. Where the type of work has been specifically deemed exempt from review as set forth in the approved Preservation Plan for a specific HPOZ.

3. Authority of Cultural Heritage Commission Not Affected

Nothing in this Division (Historic Preservation) supersedes or overrides the cultural Heritage commission’s authority as provided in Sec. 22.171, et seq. of the lAAc.

4. Publicly Owned Property

the provisions of this Division (Historic Preservation) shall apply to any building, structure, landscaping, natural feature or lot within an HPOZ, which is owned or leased by a public entity to the extent permitted by law.

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c. Definitions

the following definitions apply to this Division (Historic Preservation) :

Addition. An extension or increase in floor area or height of a building or structure.

Alteration. Any exterior change or modification of a building, structure, landscaping, Natural Feature or lot within a Historic Preservation Overlay Zone including but not limited to changing exterior paint color, removal of significant trees or landscaping, installation or removal of fencing, and similar projects, and including street features, furniture or fixtures.

• Building Coverage. the area of a parcel covered by buildings measured from the outside of the exterior perimeter of a building, including covered porches, patios, and any detached or attached accessory structures. Building coverage does not include uncovered areas such as paved parking, driveways, walkways, steps, terraces, decks, and porches; or roof overhangs and architectural projections not intended for shelter or occupancy.

• Certificate of Appropriateness. An approved certificate issued for the construction, Additions over established thresholds outlined in Sec. 13B.8.4. , Demolition, reconstruction, Alteration, removal, or relocation of any publicly or privately owned building, structure, landscaping, Natural Feature, or lot within a Historic Preservation Overlay Zone that is identified as a contributing element in the Historic resources Survey for the zone, including street features, furniture or fixtures.

• Certificate of Compatibility. An approved certificate issued for the construction of a new building or structure on a lot, Demolition, or building replacement of an element, identified as Noncontributing, or not listed, in the Historic resources Survey for the zone.

• Contributing Element. Any building, structure, landscaping, Natural Feature identified on the Historic resources Survey as contributing to the Historic significance of the Historic Preservation Overlay Zone, including a building or structure which has been altered, where the nature and extent of the Alterations are determined reversible by the Historic resources Survey.

• Cultural. Anything pertaining to the concepts, skills, habits, arts, instruments or institutions of a given people at any given point in time.

• Demolition. the removal of more than 50 percent of the perimeter wall framing, the removal of more than 50 percent of the roof framing, or the substantial removal of the exterior of a facade in the Street-visible Area.

• Historic. Any building, structure, landscaping, Natural Feature, or lot, including street features, furniture or fixtures, which depicts, represents or is associated with persons or phenomena which significantly affect or which have significantly affected the functional activities, heritage, growth or development of the city, State, or Nation.

• Historic Preservation Overlay Zone (HPOZ). Any area of the city containing buildings, structures, landscaping, Natural Features or lots having Historic, architectural, cultural or aesthetic significance and designated as a Historic Preservation Overlay Zone under the provisions of this Division.

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• Historical Property Contract. A contract between an Owner or Owners of a Historical-cultural Monument or a contributing element and the city, which meets all requirements of california Government code, Sec. 50281 and 50282 and Sec. 19.140 et seq. of the lAAc.

• Historic Resources Survey. A document, which identifies all contributing and non-contributing buildings, structures and all contributing landscaping, Natural Features and lots, individually or collectively, including street features, furniture or fixtures, and which is certified as to its accuracy and completeness by the cultural Heritage commission.

• Landscaping. the design and organization of landforms, hardscape, and softscape, including individual groupings of trees, shrubs, groundcovers, vines, pathways, arbors, etc.

• Maintenance & Repair. Any work done to correct the deterioration, decay of, or damage to a building, structure or lot, or any part thereof, including replacement in- kind where required, and which does not involve a change in the existing design, materials, or exterior paint color.

• Monument. Any building, structure, landscaping, Natural Feature, or lot designated as a city Historiccultural Monument.

• Natural Feature. Any significant tree, plant life, geographical or geological feature identified individually or collectively on the Historic resources Survey as contributing to the cultural or Historic significance of the Historic Preservation Overlay Zone.

• Non-Contributing Element. Any building, structure, Natural Feature, lot, or landscaping, that is identified in the Historic resources Survey as a Non-contributing element, or not listed in the Historic resources Survey.

• Owner. Any person, association, partnership, firm, corporation or public entity identified as the holder of title on any property as shown on the records of the city engineer or on the last assessment roll of the county of los Angeles, as applicable. For purposes of this Division , “Owner” also refers to an appointed representative of an association, partnership, firm, corporation, or public entity which is a recorded owner.

• Project. the Addition, Alteration, construction, Demolition, reconstruction, rehabilitation, relocation, removal, or restoration of the exterior of any building, structure, landscaping, Natural Feature, or lot, within an HPOZ, except as provided under Subsection B.2. (Applicability; Exemptions) of this Section . A Project may or may not require a building permit, and may include but not be limited to changing exterior paint color, removal of significant trees or landscaping, installation or removal of fencing, replacement of windows and/or doors which are character-defining features of architectural styles, removal of features that may or may not have a building permit, or changes to public spaces and similar activities.

• Reconstruction. the act or process of reproducing by new construction the exact form, features and details of a vanished building, portion of a building, structure, landscape, Natural Feature, or object as it appeared at a specific period of time, on its original or a substitute lot.

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Rehabilitation. the act or process of returning a property to a state of utility, through repair or Alteration, which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its Historical, architectural and cultural values.

• Renter. Any person, association, partnership, firm, corporation, or public entity which has rented or leased a dwelling unit or other structure within an HPOZ for a continuous time period of at least three years. For purposes of this Division , the “renter” also refers to an appointed representative of an association, partnership, firm, corporation, or public entity which is a renter.

Restoration. the act or process of accurately recovering the form, features and details of a property as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.

Right-of-Way. the dedicated area that includes roadways, medians, and/or sidewalks.

Street Visible Area. Any portion of the front, side, and rear facades that can be seen from any adjacent street, alley, or sidewalk, or that would be visible but are currently obstructed by landscaping, fencing, or freestanding walls. it also includes undeveloped portions of the lot where new construction would be visible from the adjacent street or sidewalk; facades that are generally visible from non-adjacent streets due to steep topography; or second stories visible over adjacent one story structures.

D. Historic Preservation Board Establishment and Duties

1. Establishment

A Historic Preservation Board is established by this Section for each HPOZ. A Historic Preservation Board may serve two or more HPOZs in joint name and administration. HPOZs may have separate individual Preservation Plans administered under one Historic Preservation Board. each Historic Preservation Board shall have, as part of its name, words linking it to its area(s) of administration and distinguishing it from all other boards.

2. Composition

A Historic Preservation Board shall be comprised of five members. Where a Historic Preservation Board serves two or more HPOZs, the Historic Preservation Board shall be comprised of seven members. At least three members shall be renters or Owners of property in the HPOZ(s), with a renter or property Owner representative from each HPOZ on the Historic Preservation Board. if an HPOZ is established for an area insufficient in size to provide for a Historic Preservation Board whose members meet the requirements of this Subsection , for appointment purposes only, the area may be expanded to include the community plan area in which the HPOZ is located. if a Historic Preservation Board still cannot be comprised of members who meet the requirements of this Subsection , the Director shall assume all the powers and duties otherwise assigned to the Historic Preservation Board for the HPOZ(s), until a Historic Preservation Board can be established.

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3. Term of Membership

Members of the Historic Preservation Board serve for a term of four years. Members of the Historic Preservation Board whose terms have expired may continue to serve on the Historic Preservation Board until their replacements are appointed.

4. Appointment of Members.

• a. All members shall have demonstrated a knowledge of, and interest in, the culture, buildings, structures, historic architecture, history and features of the area encompassed by the HPOZ and, to the extent feasible, shall have experience in historic preservation. the appointing authorities are encouraged to consider the cultural diversity of the HPOZ in making their appointments. Appointees serve at the pleasure of the appointing authority and the appointment may be rescinded at any time prior to the expiration of a member’s term. to the maximum extent practicable, members shall be appointed as follows:

• b. if a Historic Preservation Board serves two or more HPOZs in joint name and administration, a renter or property Owner representative shall be appointed for each HPOZ the Historic Preservation Board serves.

• c. if the HPOZ(s) is/are located in more than one council district, the appointment shall be made by the councilmember representing the greatest land area in the HPOZs.

• d. the Historic Preservation Board shall consider appointee suggestions from the certified Neighborhood council representing the district in which the HPOZ(s) is/are located. in cases where the HPOZ(s) is/ are located in an area represented by more than one Neighborhood council, the appointee suggestions shall be made by the Neighborhood council representing the greatest land area in the HPOZ(s). in those HPOZs containing no certified Neighborhood councils, or if, after notification of a vacancy by the Planning

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Department, the certified Neighborhood council fails to make suggestions within 45 days, or at least one certified Neighborhood council meeting has been held, whichever occurs first, the Historic Preservation Board may make its appointment without delay.

5. Vacancies

in the event of a vacancy occurring during the term of a member of the Historic Preservation Board, the same body or official, or their successors, who appointed the member shall make a new appointment. the new appointment shall serve a 4-year term beginning on the date of appointment. Where the member is required to have specified qualifications, the vacancy shall be filled with a person having these qualifications. if the appointing authority does not make an appointment within 60 days of the vacancy, the President of the city council shall make a temporary appointment to serve until the appointing authority makes an appointment to occupy the seat or for a period of no more than one year.

6. Expiration of Term

Upon expiration of a term for any member of the Historic Preservation Board, the appointment for the next succeeding term shall be made by the same body or official, or their successors, which made the previous appointment. No member of a Historic Preservation Board shall serve more than two consecutive 4-year terms.

7. Historic Preservation Board Member Performance

Historic Preservation Board members are expected to regularly attend scheduled Historic Preservation Board meetings and fully participate in the powers and duties of the Historic Preservation Board. Appointees serve at the pleasure of the appointing authority and the appointment may be rescinded at any time prior to the expiration of a member’s term. A board member with more than three consecutive unexcused absences or eight unexcused absences in a year period from regularly scheduled meetings may be removed by the appointing authority. excused absences may be granted by the Historic Preservation Board chair. if a board member accrues unexcused absences, the Historic Preservation Board shall notify the appointing authority.

8. Organization and Administration.

• a. each Historic Preservation Board shall schedule regular meetings at fixed times within the month with a minimum of two meetings a month. Meetings may be canceled if no deemed complete applications are received at least three working days prior to the next scheduled meeting.

• b. there shall be at least one meeting a year.

• c. the Historic Preservation Board shall establish rules, procedures and guidelines as it may deem necessary to properly exercise its function.

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• d. the Historic Preservation Board shall elect a chairperson and vice-chairperson who shall serve for a 1-year period. the Historic Preservation Board shall designate a Secretary who shall serve at the Historic Preservation Board’s pleasure.

• e. For a 5-member Historic Preservation Board, three members is a quorum. For a Sevenmember Historic Preservation Board, four members is a quorum. Decisions shall be determined by majority vote of the Historic Preservation Board.

• f. Public minutes and records shall be kept of all meetings and proceedings showing the attendance, resolutions, findings, determinations and decisions, including the vote of each member.

• g. to the extent possible, the staff of the Department of city Planning may assist the Historic Preservation Board in performing its duties and functions.

9. Power and Duties

When considering any matter under its jurisdiction, the Historic Preservation Board has the following power and duties:

• a. to evaluate any proposed changes to the boundaries of the HPOZ it administers and make recommendations to the city Planning commission, cultural Heritage commission and city council.

• b. to evaluate any Historic resources Survey, resurvey, partial resurvey, or modification undertaken within the HPOZ it administers and make recommendations to the city Planning commission, cultural Heritage commission and city council.

• c. to study, review and evaluate any proposals for the designation of Historic-cultural Monuments within the HPOZ it administers and make recommendations to the cultural Heritage commission and city council, and to request that other city departments develop procedures to provide notice to the Historic Preservation Boards of actions relating to Historic-cultural Monuments.

• d. to evaluate applications for certificates of Appropriateness or certificates of compatibility and make recommendations to the Director or the Area Planning commission.

• e. to encourage understanding of and participation in historic preservation by residents, visitors, private businesses, private organizations and governmental agencies.

• f. in pursuit of the purposes of this Division, to render guidance and advice to any Owner or occupant on construction, Demolition, Alteration, removal or relocation of any Monument or any building, structure, landscaping, Natural Feature or lot within the HPOZ it administers. this guidance and advice shall be consistent with approved procedures and guidelines, and the Preservation Plan, or in absence of a Plan, the guidance and advice shall be consistent with the Secretary of interior’s Standards for rehabilitation and Guidelines for rehabilitating Historic Buildings.

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• g. to tour the HPOZ it represents on a regular basis, to promote the purposes of this Division and to report to appropriate city agencies matters which may require enforcement action.

• h. to assist in the updating of the Historic resources Survey for the HPOZ using the criteria in Sec. 13B.8.2.B.3 (Historic Preservation Overlay Zone Designation; initiation; Historic Resources Survey) .

• i. to make recommendations to decision makers concerning facade easements, covenants, and the imposition of other conditions for the purposes of historic preservation.

• j. to make recommendations to the city council concerning the utilization of grants and budget appropriations to promote historic preservation.

• k. to assist in the preparation of a Preservation Plan, which clarifies and elaborates upon these regulations as they apply to the HPOZ, and which contains the elements listed in Sec. 13B.8.3.B.2. (Preservation Plan Adoption/Amendment; initiation; Elements) .

10. Conflict of Interest

No Historic Preservation Board member shall discuss with anyone the merits of any matter pending before the Historic Preservation Board other than during a duly called meeting of the Historic Preservation Board or subcommittee of the Historic Preservation Board. No member shall accept professional employment on a case that has been acted upon by the Historic Preservation Board in the previous 12 months or is reasonably expected to be acted upon by the Historic Preservation Board in the next 12 months.

e. Enforcement

1. Inspections and Violations

• a. the Department of Building and Safety, the Housing Department, or any successor agencies, whichever has jurisdiction, shall make all inspections of properties which are in violation of this Division when apprised that work has been done or is required to be done pursuant to a building permit.

• b. violations, the correction of which do not require a building permit, shall be investigated and resolved jointly by the Planning Department, the Department of Building and Safety, the los Angeles Housing Department, or any successor agencies, whichever has jurisdiction, and if a violation is found, the Planning Department may then request the Department of Building and Safety, the los Angeles Housing Department or any successor agencies to issue appropriate orders for compliance.

• c. Any person who fails to comply with the provisions of this Division is subject to the provisions of Sec. 11.00 (m) (Provisions Applicable to Code) of this code. the Owner of the property in violation shall be assessed a minimum inspection fee, as specified in Sec. 98.0412 (Inspection Fees) of this code for each site inspection. No building permit shall be cleared by the Planning Department while an outstanding violation exists, regardless of whether a building permit is required or not for the violation.

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2. Demolition of Buildings Without a Permit

if a contributing element or Non-contributing element, or a portion thereof, is Demolished or relocated without benefit of a building permit and certificate of Appropriateness or certificate of compatibility approvals pursuant to Sec. 13B.8.6.E. (Certificate of Appropriateness (Demolition, Removal, or Relocation); Standards for Review and Required Findings) and Sec. 13B.8.7.D.4. (Certificate of Compatibility for Non-Contributing Elements; Decision) , the matter shall be reviewed by the Director as provided in Subdivision 3.c. (Preliminary Evaluation of Demolition or Relocation Without Permit; Procedures) below.

3. Preliminary Evaluation of Demolition or Relocation Without Permit

a. Purpose

the purpose of this Subdivision is to require the documentation of the loss of historic features as a result of unpermitted construction or Demolition activities, relocation, neglectful ownership, or man-made disaster.

b. Prohibition

Where all or portions of a contributing element or Non-contributing element have been Demolished or relocated without the necessary approvals, the provisions of Sec. 13B.8.6.E. (Certificate of Appropriateness (Demolition, Removal, or Relocation); Standards for Review and Required Findings) or Sec. 13B.8.7.D.4. (Certificate of Compatibility for Non-Contributing Elements; Decision) , shall not apply. Upon completion of a Preliminary evaluation of Demolition or relocation without Permit, and Sec. 91.106.4.1(10) proceedings by the Department of Building and Safety, an application for certificate of Appropriateness or certificate of compatibility shall be reviewed in accordance with the provisions of Sec. 13B.8.5. (Certificate of Appropriateness (Construction, Addition, Alteration, or Reconstruction)) , Sec. 13B.8.6. (Certificate of Appropriateness (Demolition, Removal, or Relocation)) , and Sec. 13B.8.7. (Certificate of Compatibility for Non-Contributing Elements) , whichever is applicable.

c. Procedures

i. Evaluation

the Director or his or her designee can initiate review on the Demolition or relocation of a structure, in whole or in part, commenced prior to the issuance of a building permit. During the investigation, all work on the site shall cease and an order to comply shall be issued per Subsection E.1 (Enforcement; inspections and Violations) of this Section . review by the Director shall include, but is not limited to: documentation of the structure(s) as it(they) existed at the time of the Historic resources Survey, permit history research, site visits, documentation of the loss of building features, identification of salvageable features, and evaluation of the demolition’s impact on the historic resource.

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ii. Evaluation Fees

Fees for the preliminary evaluation will be assessed pursuant to Chapter I. (General Provisions and Zoning), Article 9 (Fees) for lots subject to chapter i., or Article 15. (Fees) of this Zoning code (chapter 1A) for lots subject to this chapter.

d. Notice

A copy of the evaluation shall be mailed to the Department of Building and Safety, the applicant, the Historic Preservation Board, council office, and any other interested parties.

e. Proceedings per LAMC Section 91.106.4.1(10)

• i. Upon completion of the evaluation, the matter shall be referred to the Department of Building and Safety for investigation and enforcement pursuant to Sec. 91.106.4.1(10) of this code. the Department of Building and Safety shall be authorized to withhold development permits on said property for five years if it determines that demolition occurred in violation of the Sec. 91.106.4.1(10) of this code. Any person who has failed to comply with the provisions of Sec. 13B.8.6.E. (Certificate of Appropriateness (Demolition, Removal, or Relocation); Standards of Review and Required Findings) or Sec. 13B.8.7.D.6. (Certificate of Compatibility for Non-Contributing Elements; Decision; Certificates of Compatibility for the Demolition of Non-Contributing Elements) is subject to the provisions of Sec. 11.00 (l) (Provisions Applicable to Code) of this code.

• ii. During the Sec. 91.106.4.1(10) of this code proceedings and the five year penalty period, the property owner is responsible for protecting any features of the original structure, which remain intact, securing the property from vandalism and theft, and keeping the property free of other nuisances.

4. Injunctive Relief

Where it appears that the Owner, occupant or person in charge of a building, structure, landscaping, Natural Feature, lot or area within an HPOZ threatens, permits, is about to do or is doing any work or activity in violation of this Division, the city Attorney may apply to an appropriate court for a temporary restraining order, preliminary or permanent injunction, or other or further relief as appears appropriate.

F. Relation to Other Provisions of the Zoning Code

When the city council establishes, adds land to, eliminates land from or repeals in its entirety an HPOZ, this Division does not abrogate any other provision of this code. Any portion of a street that is located within an HPOZ(s) or shares a boundary with an HPOZ(s), is not subject to the street dedication and/or improvement requirements as set forth in Chapter I. (General Provisions and Zoning), Sec. 12.37 A.-C. (Highway and Collector Street Dedication and Improvement) and Chapter I. (General Provisions and Zoning) Sec. 17.05 (Design Standards) for lots subject to chapter i., or Div. 10.1. (Street Dedication and Improvement) and Sec. 11.1.3. (Subdivision Design Standards) of this Zoning code (chapter 1A) for lots subject to this chapter, unless requested by the Director.

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City of Los Angeles Zoning Code Chapter 1A

However, the existing sidewalk(s) shall comply with any accessibility guidelines within the public right-of-way that are adopted to comply with title ii of the Americans with Disabilities Act. When it appears that there is a conflict, the most restrictive requirements of this chapter or Chapter I. (General Provisions and Zoning) of this code apply, except for a requirement in this Division that would compromise public safety if enforced.

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1. this Section applies to the establishment, boundary change, or repeal of a Historic Preservation Overlay Zone (HPOZ).

2. the processing of an initiation or an application to establish, change the boundaries of or repeal an HPOZ shall conform to all the requirements of Sec. 13B.1.4. (Zone Change) and the following additional requirements.

B. Initiation

1. By City Council, City Planning Commission, Director of Planning, or Cultural Heritage Commission

in addition to the provisions of Sec. 13B.1.4. (Zone Change) , the cultural Heritage commission may initiate proceedings to establish, repeal, or change the boundaries of an HPOZ. Upon initiation by city council, the city Planning commission, the Director, or the cultural Heritage commission, a Historic resources Survey shall be prepared, pursuant to Subdivision 3. (Historic Resources Survey) below.

2. By Application

• a. Owners or renters of property within the boundaries of the proposed or existing HPOZ may initiate the establishment of an HPOZ.

• b. A Historic resources Survey shall not be prepared for a proposed HPOZ until the Planning Department verifies that the application contains the signatures of at least 75 percent of the Owners or lessees of property within the proposed district.

• c. Applications initiated by Owners or renters are not complete until the requirements of Paragraph b. above are met and the cultural Heritage commission certifies a Historic resources Survey for the proposed HPOZ pursuant to Subsection D. (Decision) of this Section .

Initiation

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3. Historic Resources Survey

a. Purpose

each HPOZ shall have a Historic resources Survey, which identifies all contributing elements and Non-contributing elements and is certified as to its accuracy and completeness by the cultural Heritage commission.

b. Context Statement

in addition to the requirements above, the Historic resource Survey shall also include a context statement supporting a finding establishing the relation between the physical environment of the HPOZ and its history, thereby allowing the identification of Historic features in the area as contributing or Non-contributing. the context statement shall represent the history of the area by theme, place, and time. it shall define the various Historical factors which shaped the development of the area. it shall define a period of significance for the HPOZ, and relate Historic features to that period of significance. it may include, but not be limited to, Historical activities or events, associations with Historic personages, architectural styles and movements, master architects, designers, building types, building materials, landscape design, or pattern of physical development that influenced the character of the HPOZ at a particular time in history.

c. Finding of Contribution

For the purposes of this Section , no building, structure, landscaping, or Natural Feature shall be considered a contributing element unless it is identified as a contributing element in the Historic resource Survey for the applicable HPOZ. Features designated as contributing shall meet one or more of the following criteria:

• i. Adds to the Historic architectural qualities or Historic associations for which a property is significant because it was present during the period of significance, and possesses Historic integrity reflecting its character at that time;

• ii. Owing to its unique location or singular physical characteristics, represents an established feature of the neighborhood, community or city; or

• iii. retaining the building, structure, landscaping, or Natural Feature, would contribute to the preservation and protection of a Historic place or area of Historic interest in the city.

d. Modification of a Previously Certified Historic Resources Survey

the city council, city Planning commission, or Director may find that a previously certified Historic resource Survey needs to be modified, and may call for a revision, re-survey, or partial re-survey to a previously certified survey. Modifications, including boundary changes, re-surveys, partial re-surveys, and minor corrections of a previously certified Historic resources Survey shall be processed as follows:

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Sec. 13B.8.2. (Historic Preservation Overlay Zone Designation) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.8. (Historic Preservation)

City of Los Angeles Zoning Code Chapter 1A

• i. revisions involving a boundary change, expansion, or contraction of an HPOZ shall be certified by the cultural Heritage commission as to the accuracy of the survey, and shall be forwarded to the city Planning commission for recommendation and the city council for final action.

• ii. revisions involving a re-survey or partial re-survey of an existing HPOZ shall be certified by the cultural Heritage commission as to the accuracy of the survey, and shall be forwarded to the city Planning commission for final action.

  • iii. the correction of technical errors and omissions in a previously certified Historic resource Survey can be made by the Director based on input from the Historic Preservation Board and the cultural Heritage commission or its designee.

• e. Application Procedure for Redesignation of an individual Property in a Certified Historic Resources Survey (Technical Correction)

  • i. Application form and Contents

to apply for a technical correction to a previously certified Historic resources Survey pursuant to Paragraph d.iii. above, an applicant shall file an application with the Department of city Planning, on a form provided by the Department, and include all information required by the instructions on the application. Prior to deeming the application complete, the Director shall advise the applicant of the processes to be followed and fees to be paid. Upon receipt of a complete application, the Director shall review all documents submitted and may approve or deny a technical correction.

ii. Application Fees

the application fees for a Property Survey redesignation are set forth in Chapter I. (General Provisions and Zoning), Article 9 (Fees) for lots subject to chapter i., or Article 15. (Fees) of this Zoning code (chapter 1A) for lots subject to this chapter.

c. Notice

1. Notice of Public Hearing

• a. the following notice is required for the public hearing held prior to a recommendation:

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Sec. 13B.8.2. (Historic Preservation Overlay Zone Designation) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.8. (Historic Preservation)

City of Los Angeles Zoning Code Chapter 1A

• b. if the mailed notice does not result include at least 20 different owners of at least 20 different lots other than the subject property, then the notification radius will increase in increments of 50 feet until that number of owners and lots are within the expanded area.

D. Decision

1. General Procedures

See Sec. 13A.2.5. (Decisions) .

2. Cultural Heritage Commission Determination

• a. the cultural Heritage commission shall certify each Historic resources Survey as to its accuracy and completeness, and the establishment of or change in boundaries of an HPOZ upon:

  • i. A majority vote; and

  • ii. A written finding that structures, landscaping, and natural features within the HPOZ meet one or more of criteria in Subsection B.3.c. (Initiation; Historic Resources Survey) of this Section .

• b. the cultural Heritage commission shall act within 45 days from the date of the submission to the commission. this time limit may be extended for a specified further time period if the cultural Heritage commission requests an extension, in writing, from the city Planning commission.

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Sec. 13B.8.2. (Historic Preservation Overlay Zone Designation) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.8. (Historic Preservation)

City of Los Angeles Zoning Code Chapter 1A

• c. Upon action, or failure to act, the cultural Heritage commission shall transmitted their determination, comments, and any related files to the city Planning commission for recommendation.

3. City Planning Commission Approval

• a. the city Planning commission shall make its report and recommendation to approve, approve with changes, or disapprove the establishment, repeal, or change to the boundaries of an HPOZ, pursuant to Sec. 13B.1.4.D. (Zone Change; Decision) .

• b. However, notice of a public hearing will be given in the manner specified in Subsection C. (Notice) of this Section .

• c. the Director and the city Planning commission may recommend conditions to be included in the initial Preservation Plan for a specific HPOZ, as appropriate to further the purpose of this Section .

4. City Council

• a. the city council may approve or disapprove the establishment, repeal, or change in the boundaries of an HPOZ.

• b. the city council may require that a specific HPOZ not take effect until a Preservation Plan for the HPOZ is approved by the city Planning commission.

e. Standards for Review and Required Findings

1. in approving a Historic Preservation Overlay Zone designation, the city Planning commission and city council shall find that the proposed boundaries are appropriate and make the findings of contribution required in Subsection B.3.c. (Initiation; Historic Resources Survey) of this Section .

2. the city Planning commission shall also carefully consider the Historic resources Survey and the determination of the cultural Heritage commission.

F. Scope of Decision

1. Once an HPOZ has been adopted, all projects within the HPOZ must comply with the procedures in this Division.

2. All projects within HPOZs, except as exempted in Sec. 13B.8.1.B.2. (General Provisions; Applicability; Exemptions) , shall be submitted in conjunction with an application, if necessary, to the Department of city Planning on a form provided for that purpose.

3. Upon receipt of an application, the Director shall review a request and find whether the project requires:

   • a. A certificate of Appropriateness, pursuant to Sec. 13B.8.5. and Sec. 13B.8.6. ;

   • b. A certificate of compatibility, pursuant to Sec. 13B.8.7. ;

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Sec. 13B.8.2. (Historic Preservation Overlay Zone Designation) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.8. (Historic Preservation)

City of Los Angeles Zoning Code Chapter 1A

• c. is eligible for review under conforming Work on contributing elements, pursuant to Sec. 13B.8.4. ; or

• d. conforming Work on Non-contributing elements, pursuant to Sec. 13B.8.4.

4. All questions of Street visible Area are determined by Department of city Planning staff.

5. if multiple applications are received resulting in a significant cumulative impact to a Structure or feature in the Street visible Area, a certificate of Appropriateness or certificate of compatibility may be required for additional work.

G. Appeals

there is no appeal.

H. Modification of HPOZ Designation

the establishment or boundary change of an HPOZ may be modified or repealed by following the same procedures established above for the original action.

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Sec. 13B.8.2. (Historic Preservation Overlay Zone Designation) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.8. (Historic Preservation)

City of Los Angeles Zoning Code Chapter 1A

A. Applicability

this Section applies to the adoption of Preservation Plans. A Preservation Plan clarifies and elaborates upon the “HP” Historic Preservation Overlay Zone regulations as they apply to individual HPOZs. A Preservation Plan is used by the Director, Historic Preservation Board, property Owners and residents in the application of preservation principles within an HPOZ.

B. Initiation

1. Preparation

the Historic Preservation Board shall make a draft Preservation Plan available for review and comment to property Owners and renters within the HPOZ.

• a. if a Historic Preservation Board exists, it will prepare the Preservation Plan with the Director’s assistance. Historic preservation groups may also assist in this effort.

• b. if no Historic Preservation Board exists, or has yet to be appointed, the Director may create a working committee of diverse neighborhood stakeholders to prepare a Preservation Plan for the HPOZ. the Director will consult with the councilmember(s) representing the HPOZ. this committee does not have any duties beyond preparing the Preservation Plan.

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[Figure]

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2. Elements

A Preservation Plan shall contain the following elements:

• a. A mission statement;

• b. Goals and objectives;

• c. A function of the Plan Section, including the role and organization of a Preservation Plan, Historic Preservation Overlay Zone process overview, and work exempted from review, if any, and delegation of Historic Preservation Board authority to the Director, if any;

• d. the Historic resources Survey;

• e. A brief context statement which identifies the Historic, architectural and cultural significance of the HPOZ;

• f. the Secretary of the interior’s Standards for rehabilitation;

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Sec. 13B.8.3. (Preservation Plan Adoption/Amendment) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.8. (Historic Preservation)

City of Los Angeles Zoning Code Chapter 1A

• g. Design guidelines for rehabilitation or restoration, Additions, Alterations, infill and the form of single and multi-family residential, commercial and other non-residential buildings, structures, and public areas. the guidelines shall use the Secretary of the interior’s Standards for rehabilitation and Guidelines for rehabilitating Historic Buildings; and

• h. Preservation incentives and adaptive reuse policies, including policies concerning adaptive reuse projects permitted under the class 1 conditional Use Permit regulations (see Chapter I. (General Provisions and Zoning), Sec. 12.24 X.12 for lots subject to chapter i.).

c. Notice

1. Notice of Public Hearing

• a. the following notice is required for the public hearing on the initial decision:

• b. if the mailed notice does not include at least 20 different owners of at least 20 different lots other than the subject property, the notification radius will increase in increments of 50 feet until that number of owners and lots are encompassed within the expanded area.

D. Decision

1. General Procedures

See Sec. 13A.2.5. (Decisions) .

2. Decision Maker

the city Planning commission is the initial decision maker.

3. Public Hearing

   • a. A draft Preservation Plan shall be set for a public hearing before the city Planning commission or a Hearing Officer designated by the city Planning commission, with notice given in the manner specified in Subsection C. (Notice) of this Section .

• b. if a Hearing Officer is designated, the Hearing Officer shall submit a written report with conclusions and recommendations to the city Planning commission after the hearing concludes. the report shall be submitted within a period of time fixed by the commission.

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Sec. 13B.8.3. (Preservation Plan Adoption/Amendment) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.8. (Historic Preservation)

City of Los Angeles Zoning Code Chapter 1A

4. Cultural Heritage Commission Recommendation

the cultural Heritage commission shall submit its recommendation regarding a proposed Preservation Plan within 45 days of its submission to the commission. Upon action, or failure to act, the cultural Heritage commission shall transmit its recommendation, if any, comments, and any related files to the city Planning commission.

5. Decision

the city Planning commission shall render the initial decision within 75 days of the Preservation Plan being submitted.

e. Standards for Review

in approving a Preservation Plan Adoption or Amendment, the city Planning commission shall consider whether the Preservation Plan is reasonable, including:

1. Whether the policies, guidelines and standards are consistent with the General Plan, community plan, or any Specific Plan;

2. Whether the document is internally consistent;

3. Whether the document is consistent with sound planning principles;

4. Whether the document is consistent with state and federal law; and

5. Any other factors the commission deems appropriate.

F. Scope of Decision

the Preservation Plan, Guidelines and Standards are in addition to those set forth in this chapter or Chapter I. (General Provisions and Zoning) of this code, and any other relevant ordinances and do not convey any rights not otherwise granted under the provisions and procedures contained in those chapters and other relevant ordinances, except as specifically provided in this Section .

G. Appeals

there is no appeal.

H. Modification of Preservation Plan

1. Review

After approval by the city Planning commission, the Historic Preservation Board shall review a Preservation Plan at least every five years, or as needed.

2. Modifications

Any modifications to a Preservation Plan resulting from the review shall be processed pursuant to the provisions of Subsections B. (Initiation) - F. (Scope of Decision) of this Section .

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Sec. 13B.8.3. (Preservation Plan Adoption/Amendment) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.8. (Historic Preservation)

City of Los Angeles Zoning Code Chapter 1A

A. Applicability

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1. General

• a. this Section applies to the review of conforming Work on contributing elements and non-contributing elements.

• b. conforming Work may fall into two categories: Major conforming Work and Minor conforming Work.

• c. this Section requires conforming Work on contributing elements for some projects which may, or may not, require a building permit, including, but not limited to, changing exterior paint color, removal of significant trees (for contributing elements), removal of trees (for non-contributing elements), removal of landscaping, installation or removal of fencing, window and door replacement, changes to public spaces, and similar projects.

2. Conforming Work on Contributing Elements

• a. conforming Work meeting the criteria and thresholds set forth in this Subsection does not require certificates of Appropriateness set forth in Sec. 13B.8.5. (Construction,

[Figure]

Addition, Alteration, or Reconstruction) and Sec. 13B.8.6. (Demolition, Removal, or Relocation)) .

• b. Where the project consists of the demolition of a detached garage, porte cochere, carport, storage building, tool or garden shed, or animal keeping use structure:

  • i. the Director shall review the request and determine whether it qualifies for review under conforming Work, based on at least one of the following considerations:

    • a) it can be demonstrated that the structure was built outside of the Period of Significance for the HPOZ through building permits, or where building permits do not exist, through Sanborn Fire insurance Maps or historic records or photographs.

    • b) the demolition of the structure will not degrade the status of the lot as a contributing element in the Historic Preservation Overlay Zone.

    • c) the demolition will not affect the integrity and development pattern of the district as a whole.

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Sec. 13B.8.4. (Review of Conforming Work) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.8. (Historic Preservation)

City of Los Angeles Zoning Code Chapter 1A

• ii. Any request for the Demolition of a detached garage, porte cochere, carport, storage building, tool or garden shed, or animal-keeping use structure that does not meet one or more of the above criteria is reviewed pursuant to certificate of Appropriateness provisions (see Sec. 13B.8.5. (Construction, Addition, Alteration, or Reconstruction) and Sec. 13B.8.6. (Demolition, Removal, or Relocation) ).

3. Conforming Work on Non-Contributing Elements

conforming Work meeting the criteria and thresholds set forth in this Subsection does not require certificates of compatibility set forth in Sec. 13B.8.7. (Certificate of Compatibility for Non-Contributing Elements) .

4. Failure to Meet Conforming Elements Criteria

• a. if an application fails to conform to the criteria of conforming Work on contributing elements, an applicant may elect to file for review under the certificate of Appropriateness procedure pursuant to Sec. 13B.8.5. (Construction, Addition, Alteration, or Reconstruction) and Sec. 13B.8.6. (Demolition, Removal, or Relocation) ).

• b. if an application fails to conform to the criteria of conforming Work on Non-contributing elements, an applicant may elect to file for review under the certificate of compatibility procedure pursuant to Sec. 13B.8.7. (Certificate of Compatibility for Non-Contributing Elements) .

B. Initiation

1. Application, form and Contents

to apply for conforming Work, an owner shall file an application with the Department of city Planning and include all information required by the instructions on the application. Prior to deeming the application complete, the Director shall determine and, if necessary, advise the applicant of the processes to be followed and fees to be paid.

2. Application Fees

the application fees for Major conforming are set forth in Chapter I. (General Provisions and Zoning), Article 9 (Fees) for lots subject to chapter i., or Article 15. (Fees) of this Zoning code (chapter 1A) for lots subject to this chapter. Minor conforming Work does not require an application fee.

c. Notice

1. Notice of Public Hearing

there is no public hearing required for a review of conforming Work, and therefore no notice of a public hearing is required.

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Sec. 13B.8.4. (Review of Conforming Work) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.8. (Historic Preservation)

City of Los Angeles Zoning Code Chapter 1A

D. Decision

1. General Procedures

See Sec. 13A.2.5. (Decisions) .

2. Decision Maker

Pursuant to Sec. 13B.8.2.F.3. (Historic Preservation Overlay Zone Designation; Scope of Decision) , the Director shall forward applications for conforming Work to the Historic Preservation Board for conformance review and sign off. the Historic Preservation Board may delegate its review authority to the Director as specified in the Preservation Plan approved for the HPOZ.

3. Meeting and Decision

a. Time to Act

the Historic Preservation Board shall act on a request for conforming Work at its next agendized Historic Preservation Board meeting within 21 days of the Director deeming an application complete, unless the applicant and the Director mutually agree in writing to an extension of time. Applications reviewed under conforming Work shall be agendized by the Historic Preservation Board.

b. Certification

the Historic Preservation Board shall review and sign off a request for conforming Work if it finds that the work meets the criteria as set forth in Subsection A.2.b. (Applicability; Conforming Work on Contributing Elements) of this Section and Subsection E. (Standards for Review and Required Findings) of this Section . the Historic Preservation Board does not have the authority to impose conditions on conforming Work. if the Historic Preservation Board finds that the work does not meet the criteria, it shall specify in writing as to why.

c. Failure to Act

the applicant may request a transfer of jurisdiction to the Director if the Historic Preservation Board fails to act within 21 days.

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Sec. 13B.8.4. (Review of Conforming Work) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.8. (Historic Preservation)

City of Los Angeles Zoning Code Chapter 1A

e. Standards for Review and Required Findings

1. Conforming Work on Contributing Elements

A request for conforming Work on contributing elements shall be reviewed for conformity with the Preservation Plan for the HPOZ, or if none exists, the Secretary of interior’s Standards for rehabilitation and Guidelines for rehabilitating Historic Buildings, and at least one of following conditions:

Sec. 13B.8.4. (Review of Conforming Work) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.8. (Historic Preservation)

City of Los Angeles Zoning Code Chapter 1A

2. Conforming Work on Non-Contributing Elements

A request for conforming Work on Non-contributing elements shall be reviewed for conformity with the Preservation Plan for the HPOZ, and at least one of following conditions:

F. Scope of Decision

See Sec. 13A.2.7. (Scope of Decision) .

G. Appeals

there is no appeal.

H. Modification of Entitlement

No modification is available.

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Sec. 13B.8.4. (Review of Conforming Work) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Administration | Article 13 Div. 13B.8. (Historic Preservation)

City of Los Angeles Zoning Code Chapter 1A

1. General

[Figure]

this Section requires the issuance of a certificate of Appropriateness (construction, Addition, Alteration, or reconstruction) for:

• a. Any project affecting a contributing element, except as set forth in Paragraph 3. (Conforming Work) below.

• b. A certificate of Appropriateness (construction, Addition, Alteration, or reconstruction) is required for some projects, which may, or may not, require a building permit. examples include changing exterior paint color, removing significant trees or landscaping, installing or removing fencing, window and door replacement which are character-defining features of architectural styles, changes to public spaces, and similar projects. However, an applicant not approved under Sec. 13B.8.4. (Review of Conforming Work) may elect to file for a certificate of Appropriateness.

2. Prohibition

• a. No person shall construct, add to, alter, or reconstruct any building, structure, landscaping, or natural feature designated as contributing in the Historic resources Survey for an HPOZ unless a certificate of Appropriateness (construction, Addition, Alteration, or reconstruction) is approved for that action pursuant to

[Figure]

[Figure]

this Section , with the exception of conforming Work on contributing elements (which shall not require a certificate of Appropriateness).

• b. in the event that demolition, removal, or relocation has occurred without a certificate of Appropriateness (Demolition, removal, or relocation) having been approved for such action pursuant to Sec. 13B.8.6. , a certificate of Appropriateness shall be based on the existing conditions of the Historic resource prior to the demolition, removal, or relocation.

• c. No certificate of Appropriateness (construction, Addition, Alteration, or reconstruction) shall be approved unless the plans for the construction, alteration, addition, or reconstruction conform to the provisions of this Section .

Sec. 13B.8.5. (Certificate of Appropriateness (Construction, Addition, Alteration, or Reconstruction)) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

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3. Conforming Work

• a. this Section does not require a certificate of Appropriateness (construction, Addition, Alteration, or reconstruction) for the ordinary Maintenance & repair of any exterior architectural feature of a property within an HPOZ, which does not involve a change in design, material, color, or outward appearance.

• b. Work meeting the criteria for conforming Work on contributing elements shall not require a certificate of Appropriateness.

4. Other City Approvals

the activities listed in Paragraph 1. (General) above require a certificate of Appropriateness (construction, Addition, Alteration, or reconstruction) in addition to other city approvals (building permits, variances, etc.) or other legal requirements, such as California Public Resources Code, Sec. 5028 , which may be required.

B. Initiation

1. the applicant shall submit:

   • a. Any plan for the construction, Addition, Alteration, or reconstruction of a building, structure, landscaping, or Natural Feature; or

   • b. Any combination of the above designated as contributing in the Historic resources Survey for an HPOZ.

2. the plans shall be submitted to the Department of city Planning in conjunction with an application, on a form provided for that purpose.

3. the application fees for a certificate of Appropriateness (construction, Addition, Alteration, or reconstruction) shall be as set forth in Chapter I. (General Provisions and Zoning), Article 9 (Fees) for lots subject to chapter i., or Article 15. (Fees) of this Zoning code (chapter 1A) for lots subject to this chapter.

c. Notice

1. Notice of Public Hearing

   • a. the following notice is required for the public hearing held prior to a recommendation:

Sec. 13B.8.5. (Certificate of Appropriateness (Construction, Addition, Alteration, or Reconstruction)) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

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2. Notice of Public Hearing on Appeal

• a. the following notice is required for the public hearing on the appeal:

D. Decision

1. General Procedures

See Sec. 13A.2.5. (Decisions) .

2. Decision Maker

the Director is the initial decision maker.

3. Referral

Upon an application being deemed complete by the Director, one copy each of the application and relevant documents shall be mailed by the Department of city Planning to both the cultural Heritage commission and to each Historic Preservation Board Member of the HPOZ for evaluation.

4. Public Hearing

Before making its recommendation to approve, conditionally approve, or disapprove an application pursuant to this Section for a certificate of Appropriateness (construction, Addition, Alteration, or reconstruction), the Historic Preservation Board shall hold a public hearing on the matter, giving notice in the manner specified in Paragraph C. (Notice) above.

5. Cultural Heritage Commission & Historic Preservation Board Recommendations

   • a. the cultural Heritage commission (or its designee) and the Historic Preservation Board shall submit their recommendation to the Director as to whether the certificate should be approved, conditionally approved, or disapproved.

   • b. in the event that the cultural Heritage commission or Historic Preservation Board does not submit their recommendations within 30 days of the postmarked date of the mailing from the city Planning Department, the cultural Heritage commission or Historic Preservation Board shall be deemed to have forfeited all jurisdiction in the matter and the certificate may be approved, conditionally approved, or disapproved as filed. the applicant and the Director may mutually agree in writing to a longer period of time for the Historic Preservation Board to act.

Sec. 13B.8.5. (Certificate of Appropriateness (Construction, Addition, Alteration, or Reconstruction)) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

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6. Decision

• a. the Director shall approve, conditionally approve, or disapprove a certificate of Appropriateness (construction, Addition, Alteration, or reconstruction).

• b. Any approval, conditional approval, or denial shall include written findings in support.

7. Time to Act

the Director shall render a determination on any certificate of Appropriateness (construction, Addition, Alteration, or reconstruction) within 75 days after the application is deemed complete, unless the applicant and the Director mutually consent in writing to a longer period.

8. Transmittal

A copy of the determination shall be mailed to the applicant, the Historic Preservation Board, the cultural Heritage commission, and any other interested parties. No certificate of Appropriateness shall be deemed approved or issued until the appeal period has expired or until any appeal has been resolved.

e. Standards for Review and Required Findings

in making a determination on a certificate of Appropriateness (construction, Addition, Alteration, or reconstruction), the Director or Area Planning commission (on appeal) shall consider the following:

1. if no Preservation Plan exists, whether the project complies with Standards for rehabilitation approved by the United States Secretary of the interior considering the following factors:

   • a. Architectural design;

   • b. Height, bulk, and massing of buildings and structures;

   • c. lot coverage and orientation of buildings;

   • d. color and texture of surface materials;

   • e. Grading and site development;

• f. landscaping;

  • g. changes to natural features;

  • h. Antennas, satellite dishes and solar collectors;

  • i. Off-street parking;

  • j. light fixtures and street furniture;

  • k. Steps, walls, fencing, doors, windows, screens and security grills;

Sec. 13B.8.5. (Certificate of Appropriateness (Construction, Addition, Alteration, or Reconstruction)) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

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• l. Yards and setbacks;

• m. Signs; and

• n. Whether the project protects and preserves the historic and architectural qualities and the physical characteristics, which make the building, structure, landscaping, or natural feature a contributing element of the Preservation Zone.

2. if a Preservation Plan exists, whether the project complies with the approved Preservation Plan for the HPOZ.

F. Scope of Decision

See Sec. 13.2.7. (Scope of Decision) .

G. Appeals

1. General Procedures

See Sec. 13A.2.8. (Appeals) .

2. Decision Maker

the Area Planning commission is the appellate decision maker.

3. Filing

• a. An appeal may be filed by the applicant, any aggrieved party, the Mayor, or a member of the city council. Unless a Historic Preservation Board member is an applicant, they may not appeal any initial decision of the Director as it pertains to this Section .

• b. An appeal shall be filed in triplicate, and the Planning Department shall forward a copy of the appeal to the Historic Preservation Board and the cultural Heritage commission.

4. Public Hearing

Before acting on any appeal, the Area Planning commission shall set the matter for hearing, giving notice in the manner specified in Paragraph C. (Notice) above.

5. Appellate Decision

• a. the Area Planning commission may grant, conditionally grant, or deny the appeal.

• b. the Area Planning commission shall render its decision within 75 days after the expiration of the appeal period or within an additional period as may be agreed upon by the applicant and the appellate body.

• c. the failure of the Area Planning commission to submit a timely decision shall be deemed a denial of the appeal, and the original action on the matter shall become final.

Sec. 13B.8.5. (Certificate of Appropriateness (Construction, Addition, Alteration, or Reconstruction)) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

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1. General

this Section requires the issuance of a certificate of

Appropriateness (Demolition, removal, or relocation) for:

• a. the Demolition, relocation or removal of any contributing building, structure, landscaping, or Natural Feature, except as set forth in Paragraph 3. (Conforming Work) below; or

• b. Any combination of the above designated as contributing in the Historic resources Survey for an HPOZ.

2. Prohibition

• a. No person shall cause the Demolition, relocation or removal of any building, structure, landscaping, or Natural Feature designated as contributing in the Historic resources Survey for an HPOZ unless a certificate of Appropriateness (Demolition, removal, or relocation) is approved for that action pursuant to this Section , with the exception of conforming Work on contributing elements (which shall not require a certificate of Appropriateness).

• b. if the event that Demolition, removal, or relocation occurs without a certificate of Appropriateness (Demolition, removal, or relocation) having been approved for that action pursuant to this Section , a certificate of Appropriateness shall be based on the existing conditions of the Historic resource prior to the Demolition, removal, or relocation.

[Figure]

[Figure]

[Figure]

• c. No certificate of Appropriateness (Demolition, removal, or relocation) shall be approved unless the plans for the Demolition, relocation, or removal conform to the provisions of this Section .

3. Conforming Work

• a. this Section does not require a certificate of Appropriateness (Demolition, removal, or relocation) for the ordinary Maintenance & repair of any exterior architectural feature of a property within an HPOZ, which does not involve a change in design, material, color, or outward appearance.

Sec. 13B.8.6. (Certificate of Appropriateness (Demolition, Removal, or Relocation)) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

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• b. Work meeting the criteria for conforming Work on contributing elements does not require a certificate of Appropriateness.

4. Other City Approvals

the activities listed in Subdivision 1. (General) above require a certificate of Appropriateness (Demolition, removal, or relocation) in addition to other city approvals (building permits, variances, etc.) or other legal requirements, such as California Public Resources Code, Sec. 5028 , which may be required.

B. Initiation

1. the applicant shall submit:

   • a. Any plan for the Demolition, removal, or relocation of a building, structure, landscaping, or Natural Feature; or

   • b. Any combination of the above designated as contributing in the Historic resources Survey for an HPOZ.

2. the plans shall be submitted to the Department of city Planning in conjunction with an application, on a form provided for that purpose.

3. the application fees for a certificate of Appropriateness (Demolition, removal, or relocation) shall be as set forth in Chapter I. (General Provisions and Zoning), Article 9 (Fees) for lots subject to chapter i., or Article 15. (Fees) of this Zoning code (chapter 1A) for lots subject to this chapter.

c. Notice

1. Notice of Public Hearing

the following notice is required for the public hearing held prior to a recommendation:

2. Notice of Public Hearing on Appeal

the following notice is required for the public hearing on the appeal:

Sec. 13B.8.6. (Certificate of Appropriateness (Demolition, Removal, or Relocation)) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

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D. Decision

1. General Procedures

See Sec. 13A.2.5. (Decisions) .

2. Decision Maker

the Area Planning commission is the initial decision maker.

3. Referral

Upon an application being deemed complete by the Director, one copy each of the application and relevant documents shall be mailed by the Department of city Planning to both the cultural Heritage commission and to each Historic Preservation Board Member for the HPOZ for evaluation.

4. Public Hearing

Before making its recommendation to approve, conditionally approve, or disapprove an application pursuant to this Section for a certificate of Appropriateness (Demolition, removal, or relocation), the Historic Preservation Board shall hold a public hearing on the matter, giving notice in the manner specified in Subsection C. (Notice) above.

5. Cultural Heritage Commission & Historic Preservation Board Recommendations

   • a. the cultural Heritage commission (or its designee) and the Historic Preservation Board shall submit their recommendations to the Area Planning commission as to whether the certificate should be approved, conditionally approved, or disapproved.

• b. in the event that the cultural Heritage commission or Historic Preservation Board does not submit their recommendations within 30 days of the postmarked date of the mailing from the city Planning Department, the cultural Heritage commission or Historic Preservation Board shall be deemed to have forfeited all jurisdiction in the matter and the certificate may be approved, conditionally approved, or disapproved as filed. the applicant and the Director may mutually agree in writing to a longer period of time for the Historic Preservation Board to act.

Sec. 13B.8.6. (Certificate of Appropriateness (Demolition, Removal, or Relocation)) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

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6. Decision

• a. the Area Planning commission shall approve, conditionally approve, or disapprove a certificate of Appropriateness (Demolition, removal, or reconstruction).

• b. Any approval, conditional approval, or denial shall include written findings in support.

7. Time to Act

the Area Planning commission shall render a determination on any certificate of Appropriateness (Demolition, removal, or relocation) within 75 days after the application is deemed complete, unless the applicant and the Director mutually consent in writing to a longer period.

8. Transmittal

A copy of the determination shall be mailed to the applicant, the Historic Preservation Board, the cultural Heritage commission, and any other interested parties. No certificate of Appropriateness (Demolition, removal, or relocation) shall be deemed approved or issued until the appeal period has expired or until any appeal has been resolved.

e. Standards for Review and Required Findings

1. No certificate of Appropriateness (Demolition, removal, or relocation) shall be issued for Demolition, removal, or relocation of any contributing building, structure, landscaping, Natural Feature or lot within an HPOZ that is designated as a contributing element unless the Owner can demonstrate to the Area Planning commission that the Owner would be deprived of all economically viable use of the property.

2. in making a determination on a certificate of Appropriateness (Demolition, removal, or relocation), the Area Planning commission or city council (on appeal) shall consider any evidence presented concerning the following:

   • a. An opinion regarding the structural soundness of the structure and its suitability for continued use, renovation, restoration, or rehabilitation from a licensed engineer or architect who meets the Secretary of the interior’s Professional Qualification Standards as established by the code of Federal regulation, 36 cFr Part 61. this opinion shall be based on the Secretary of the interior’s Standards for Architectural and engineering Documentation with Guidelines;

   • b. An estimate of the cost of the proposed Alteration, construction, Demolition, or removal and an estimate of any additional cost that would be incurred to comply with the recommendation of the Historic Preservation Board for changes necessary for it to be approved;

Sec. 13B.8.6. (Certificate of Appropriateness (Demolition, Removal, or Relocation)) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

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• c. An estimate of the market value of the property in its current condition; after completion of the proposed Alteration, construction, Demolition, or removal; after any expenditure necessary to comply with the recommendation of the Historic Preservation Board for changes necessary to approve a certificate of Appropriateness; and, in the case of a proposed Demolition, after renovation of the existing structure for continued use; and

• d. in the case of a proposed Demolition, an estimate from architects, developers, real estate consultants, appraisers, or other real estate professionals experienced in rehabilitation as to the economic feasibility of restoration, renovation, or rehabilitation of any existing structure or objects. this includes tax incentives and any special funding sources, or government incentives, which may be available.

3. in a case where Demolition, removal, or relocation of any contributing element, without a certificate of Appropriateness (Demolition, removal, or relocation) has occurred, this Subsection does not apply. Procedures in Sec. 13B.8.5. (Certificate of Appropriateness (Construction, Addition, Alteration, or Reconstruction)) and/or Sec. 13B.8.1.E. (General Provisions; Enforcement) apply.

F. Scope of Decision

See Sec. 13A.2.7. (Scope of Decisions) .

G. Appeals

1. General Procedures

See Sec. 13A.2.8. (Appeals) .

2. Decision Maker

the city council is the appellate decision maker.

3. Filing

• a. An appeal may be filed by the applicant, any aggrieved party, the Mayor, or a member of the city council. Unless a Historic Preservation Board member is an applicant, he or she may not appeal any initial decision of the Director as it pertains to this Section .

• b. An appeal shall be filed in triplicate, and the Planning Department shall forward a copy of the appeal to the Historic Preservation Board and the cultural Heritage commission.

4. Public Hearing

Before acting on any appeal, the city council shall set the matter for hearing, giving notice in the manner specified in Subsection C. (Notice) above.

Sec. 13B.8.6. (Certificate of Appropriateness (Demolition, Removal, or Relocation)) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

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5. Appellate Decision

• a. the city council may grant, conditionally grant, or deny the appeal.

• b. the city council shall render its decision within 75 days after the expiration of the appeal period or within an additional period as may be agreed upon by the applicant and the appellate body.

• c. the failure of the city council to submit a timely decision shall be deemed a denial of the appeal, and the original action on the matter shall become final.

H. Modification of Entitlement

1. Modification of an Approved Certificate of Appropriateness

Once a certificate of Appropriateness becomes effective, the Director shall review any subsequent proposed modification to the project. the Director shall approve the modification if he or she finds the modification to be substantially in conformance to the original approved project. if the Director finds that the proposed modification does not substantially conform to the original approved project, then the applicant shall resubmit the project for a new certificate of Appropriateness.

2. Modification Procedure

to modify an approved certificate of Appropriateness, an applicant shall submit to the Department of city Planning plans, building elevations, or details of the proposed modification and any additional information determined necessary for conformance review. the Director may forward proposed modifications to the Historic Preservation Board and/or the cultural Heritage commission’s designee for consultation.

Sec. 13B.8.6. (Certificate of Appropriateness (Demolition, Removal, or Relocation)) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

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Purpose. the intent of this Section is to ensure compatibility of non- contributing elements with the character of the HPOZ and to ensure that any construction or demolition work is undertaken in a manner that does not impair the essential form and integrity of the historic character of its environment.

[Figure]

[Figure]

A. Applicability

1. General

A request for a certificate of compatibility shall be reviewed for conformity with the Preservation Plan for the HPOZ and shall consist of at least one of following project types:

• a. Where the project on a non-contributing element does not qualify as conforming Work;

• b. Where a structure is constructed or demolished in a street visible area on a lot designated as a non-contributing element; or

• c. Where structures not dating from the HPOZ’s period of significance are replaced or relocated onto a lot designated as a non-contributing element.

2. Prohibition

• a. No person shall construct, add to, alter, cause the demolition, relocation, or removal of any building, structure, landscaping, or natural feature designated as

Submittal

[Figure]

[Figure]

• a non-contributing element or not listed in the Historic

• resources Survey for an HPOZ unless a certificate of compatibility has been approved for that action pursuant to this Section .

• b. Additions and alterations may be exempt from this Section provided they meet the criteria in Sec. 13B.8.4. (Review of Conforming Work) .

• c. No certificate of compatibility shall be approved unless the plans for the construction, demolition, alteration, addition, relocation, or removal conform to the provisions of this Section . Any approval, conditional approval, or denial shall include written justification pursuant to Subsection E. (Standards for Issuance of a Certificate of Compatibility for New Building Construction or Replacement, and the Relocation of Buildings or Structures Not Dating from the Preservation Zone’s Period of Significance Onto a Lot Designated as a Non-Contributing Element) of this Section .

Sec. 13B.8.7. (Certificate of Compatibility for Non-Contributing Elements) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

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3. Conforming Work

• a. Other types of work solely involving Non-contributing elements, including the relocation of buildings or structures dating from the HPOZ’s period of significance onto a lot designated as a Non- contributing element, are eligible for review under conforming Work on Non-contributors as set forth in Sec. 13B.8.4. (Review of Conforming Work) .

• b. the Director shall review a request, pursuant to Sec. 13B.8.2.F. (Historic Preservation Overlay Zone Designation; Scope of Decision) and find whether the application is eligible for conforming Work on Non-contributors as outlined in Sec. 13B.8.4. (Review of Conforming Work) or requires a certificate of compatibility.

• c. An applicant not approved under Sec. 13B.8.4. (Review of Conforming Work) may elect to file for a certificate of compatibility.

4. Other City Approvals

the requirements for a certificate of compatibility are in addition to other city approvals (building permits, variances, etc.) and other legal requirements, such as Public Resources Code, Sec. 5028 , which may be required. the time periods specified above may be extended, if necessary, with the written mutual consent of the applicant and the Director.

B. Initiation

1. Plans shall be submitted, in conjunction with an application, to the Department of city Planning upon a form provided for that purpose.

2. Upon an application being deemed complete by the Director, one copy of the application and relevant documents shall be mailed by the Department of city Planning to each Historic Preservation Board member of the HPOZ for evaluation.

3. the application fees for a certificate of compatibility are set forth in Chapter I. (General Provisions and Zoning), Article 9 (Fees) for lots subject to chapter i., or Article 15. (Fees) of this Zoning code (chapter 1A) for lots subject to this chapter.

c. Notice

1. Notice of Public Hearing

the following notice is required for the public hearing held prior to a recommendation:

Sec. 13B.8.7. (Certificate of Compatibility for Non-Contributing Elements) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

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2. Notice of Public Hearing on Appeal

the following notice is required for the public hearing on the appeal:

D. Decision

1. General Procedures

See Sec. 13A.2.5. (Decisions) .

2. Decision Maker

the Director is the initial decision maker.

3. Referral

Upon an application being deemed complete by the Director, one copy each of the application and relevant documents shall be mailed by the Department of city Planning to both the cultural Heritage commission and to each Historic Preservation Board member of the HPOZ for evaluation.

4. Public Hearing

Before making its recommendation to approve, conditionally approve, or disapprove an application pursuant to this Section for a certificate of compatibility, the Historic Preservation Board shall hold a public hearing on the matter, giving notice in the manner specified in Subsection C. (Notice) above.

5. Cultural Heritage Commission & Historic Preservation Board Recommendations

   • a. the cultural Heritage commission (or its designee) and the Historic Preservation Board shall submit their recommendation to the Director as to whether the certificate of compatibility should be approved, conditionally approved, or disapproved.

   • b. in the event the cultural Heritage commission or the Historic Preservation Board does not submit its recommendations within 30 days of the postmarked date of mailing of the application from the city Planning Department, the cultural Heritage commission or the Historic Preservation Board shall forfeit all jurisdiction. the applicant and the Director may mutually agree in writing to a longer period of time for the Historic Preservation Board to act.

Sec. 13B.8.7. (Certificate of Compatibility for Non-Contributing Elements) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

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6. Certificates of Compatibility for the Demolition of Non-Contributing Elements

• a. After notice pursuant to Subsection C. (Notice) of this Section and a hearing, the Historic Preservation Board shall submit its comments on a request to Demolish a Non-contributing element, considering the impact(s) of the Demolition of the Noncontributing element to the essential form and integrity of the Historic character of its surrounding built environment within 30 days of the postmarked date of mailing of the application from the city Planning Department. in the event the Historic Preservation Board does not submit its comment within 30 days, the Historic Preservation Board shall forfeit all jurisdiction. the applicant and the Director may mutually agree in writing to a longer period of time for the Historic Preservation Board to comment.

• b. in a case where Demolition of any Non-contributing element, without a certificate of compatibility for the Demolition of Non-contributing elements or permit has occurred, Paragraph 5.a. (Cultural Heritage Commission and Historic Preservation Board Recommendations) above does not apply. Procedures in Subsections A. (Applicability) - G. (Appeals) of this Section and/or Sec. 13B.8.1.E. (General Provisions; Enforcement) apply.

7. Decision

• a. the Director shall approve, conditionally approve, or disapprove a certificate of compatibility.

• b. Any approval, conditional approval, or denial shall include written findings in support.

8. Time to Act

the Director shall render a determination on any certificate of compatibility within 75 days after the application is deemed complete, unless the applicant and the Director mutually consent in writing to a longer period.

9. Transmittal

A copy of the determination shall be mailed to the applicant, the Historic Preservation Board, and any other interested parties. No certificate of compatibility shall be deemed approved or issued until the time period for appeal has expired.

• e. Standards for Issuance of a Certificate of Compatibility for New Building Construction or Replacement, and the Relocation of Buildings or Structures Not Dating from the Preservation Zone’s Period of Significance Onto a Lot Designated as a Non-Contributing Element

in making a determination on a certificate of compatibility, the Director or Area Planning commission (on appeal) shall consider each of the following:

Sec. 13B.8.7. (Certificate of Compatibility for Non-Contributing Elements) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

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1. if no Preservation Plan exists, whether the following aspects of the project do not impair the essential form and integrity of the historic character of its surrounding built environment, considering the following factors:

   • a. Architectural design;

   • b. Height, bulk, and massing of buildings and structures;

   • c. lot coverage and orientation of buildings;

   • d. color and texture of surface materials;

   • e. Grading and lot development;

   • f. landscaping;

   • g. changes to natural features;

   • h. Steps, walls, fencing, doors, windows, screens, and security grills;

   • i. Yards and setbacks;

   • j. Off street parking;

   • k. light fixtures and street furniture;

   • l. Antennas, satellite dishes and solar collectors; or

   • m. Signs; and

2. New construction shall not destroy historic features or materials that characterize the property. the design of new construction shall subtly differentiate the new construction from the surrounding historic built fabric, and shall be contextually compatible with the massing, size, scale, and architectural features of nearby structures in the HPOZ; or

3. Whether the project complies with the Preservation Plan approved by the city Planning commission for the HPOZ.

F. Scope of Decision

See Sec. 13A.2.7. (Scope of Decision) .

G. Appeals

1. General Procedures

See Sec. 13A.2.8. (Appeals) .

2. Decision Maker

the Area Planning commission is the appellate decision maker.

Sec. 13B.8.7. (Certificate of Compatibility for Non-Contributing Elements) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

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3. Filing

• a. An appeal may be filed by the applicant, any aggrieved party, the Mayor, or a member of the city council. Unless a Historic Preservation Board member is an applicant, he or she may not appeal any initial decision of the Director as it pertains to this Section .

• b. An appeal shall be filed in triplicate, and the Planning Department shall forward a copy of the appeal to the Historic Preservation Board and the cultural Heritage commission.

4. Public Hearing

Before acting on any appeal, the Area Planning commission shall set the matter for hearing, giving notice in the manner specified in Subsection C. (Notice) above.

5. Appellate Decision

• a. the Area Planning commission may grant, conditionally grant, or deny the appeal.

• b. the Area Planning commission shall render its decision within 75 days after the expiration of the appeal period or within an additional period as may be agreed upon by the applicant and the appellate body.

• c. Failure of the Area Planning commission to submit a timely decision shall be deemed a denial of the appeal, and the original action on the matter shall become final.

H. Modification of Entitlement

1. Modification of an Approved Certificate of Compatibility

Once a certificate of compatibility becomes effective, any subsequent proposed modification to the project shall require review by the Director, who shall approve the modification if he or she finds the modification to be substantially in conformance with the original approved project. if the Director finds that the proposed modification does not substantially conform to the original approved project, then the applicant shall resubmit the project for a new certificate of compatibility.

2. Modification Procedure

to modify an approved certificate of compatibility, an applicant shall submit to the Department of city Planning plans, building elevations, or details of the proposed modification and any additional information determined necessary for conformance review. the Director may forward proposed modifications to the Historic Preservation Board and/or the cultural Heritage commission’s designee for consultation.

Sec. 13B.8.7. (Certificate of Compatibility for Non-Contributing Elements) Last Amended by Ord. No. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

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