Chapter 10.85 — REASONABLE ACCOMMODATIONS

In conformance with state and federal fair housing laws, this chapter establishes the City's procedures related to requests for reasonable accommodations from the strict application of the City's land use and zoning regulations to allow disabled persons an equal opportunity to use and enjoy a dwelling.

(§ 12, Ord. 13-0006, eff. August 1, 2013)

"Disabled; disabled person" means a person who has a physical or mental impairment that limits or substantially limits one (1) or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment, as those terms are defined in the fair housing laws.

"Eligible person" means a disable person, a disabled person's representative, or a real estate developer building housing for disabled persons.

"Fair housing laws" means the "Fair Housing Act" (42 U.S.C. § 3601 et seq.), the "Americans with Disabilities Act" (42 U.S.C. § 12101 et seq.), and the "California Fair Employment and Housing Act" (California Government Code § 12900 et seq.), as these statutes now exist or may be amended from time to time, and the implementing regulations for each of these statutes.

"Major life activity" means physical, mental, and social activities, such as the operation of major bodily functions, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working.

"Physical or mental impairment" means any physiological disorder or condition and any mental or psychological disorder, including, but not limited to, orthopedic, visual, speech and hearing impairments, cosmetic disfigurement, anatomical loss, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disabilities (formerly termed "mental retardation"), emotional or mental illness, learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, and alcoholism and drug addiction (but not including current use of illegal drugs). A temporary condition, such as a broken leg, pregnancy, use of crutches, etc. does not qualify as a physical or mental impairment.

"Reasonable accommodation" means any deviation requested and/or granted from the City's zoning and land use laws, rules, regulations, policies, procedures, practices, or any combination thereof, that may be reasonable and necessary for a disabled person to have an equal opportunity to use and enjoy a dwelling.

(§ 12, Ord. 13-0006, eff. August 1, 2013)

10.85.030 - Requesting reasonable accommodations.

A.

In order to make housing available to disabled persons, any eligible person may request a reasonable accommodation from the strict application of land use, zoning and building regulations, policies, practices and procedures.

B.

Requests for a reasonable accommodation shall be submitted on an application form established by the Community Development Director.

C.

Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection, unless required by

state or federal law.

D.

A request for a reasonable accommodation from the strict application of the City's regulations, policies, practices or procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect a person's obligations to comply with other applicable regulations not at issue in the requested accommodation.

(§ 12, Ord. 13-0006, eff. August 1, 2013)

A.

Requests for a reasonable accommodation shall be reviewed by the Community Development Director using the criteria set forth in Section 10.85.050. The Community Development Director may, in his discretion, refer applications to the Planning Commission for consideration.

B.

The Community Development Director may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in Section 10.85.050.

C.

If necessary to reach a determination on the request for reasonable accommodation and consistent with fair housing laws, the Community Development Director may request additional information from the applicant.

(§ 12, Ord. 13-0006, eff. August 1, 2013)

The request for a reasonable accommodation shall be approved, or approved with conditions, if the reviewing authority finds that all of the following findings can be made:

A.

The dwelling, which is the subject of the request for reasonable accommodation, will be used by a disabled person;

B.

The requested accommodation is necessary to make housing available to a disabled person;

C.

The requested accommodation will not impose an undue financial or administrative burden on the City; and

D.

The requested accommodation will not require a fundamental alteration in the nature of the City's zoning ordinance.

(§ 12, Ord. 13-0006, eff. August 1, 2013)

A.

The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the findings required by Section 10.85.050. All written decisions shall give notice of the applicant's right to appeal and to request a reasonable accommodation in the appeals process. The notice of decision shall be sent to the applicant by certified mail.

B.

The written decision shall be final, unless the applicant appeals the decision pursuant to Chapter 10.100.

C.

While a request for a reasonable accommodation is pending, all laws and regulations otherwise applicable to the property shall remain in full force and effect.

(§ 12, Ord. 13-0006, eff. August 1, 2013)

10.85.070 - Expiration.

A.

A reasonable accommodation shall lapse if the exercise of rights does not occur within one hundred eighty (180) days after the issuance of the final decision.

B.

The rights conferred by an approved accommodation shall expire when the disabled person for whom the accommodation was granted no longer resides at the property, unless the Director makes either of the following findings: (1) that such accommodation is physically integrated with the property and cannot feasibly be removed or altered or (2) the property is now occupied by another disabled person who requires the accommodation to have an equal opportunity to use and enjoy the dwelling. The Community Development Director may request documentation that subsequent occupants are disabled persons. Failure to provide such documentation within thirty (30) days of the date of a request by the City shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodations.

(§ 12, Ord. 13-0006, eff. August 1, 2013)

Chapter 10.86 - HISTORIC PRESERVATION[[2]]

Footnotes:

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Editor's note— Ord. No. 16-0034, § 8, adopted February 16, 2016, effective March 18, 2016, repealed the former Chapter 10.86, §§ 10.86.010—10.86.100, and enacted a new Chapter 10.86 as set out herein. The former Chapter 10.86 pertained to culturally significant landmarks and derived from Ord. No. 2089, effective October 5, 2006, and Ord. No. 2143, effective July 7, 2011.

This chapter shall be known as the "Historic Preservation Ordinance" of the City of Manhattan Beach.

(§ 8, Ord. 16-0034, eff. March 18, 2016; § 1, Ord. 23-0010, eff. November 7, 2023)

The purpose of the Historic Preservation Ordinance is to promote the public health, safety, and general welfare by providing for the identification, protection, enhancement, perpetuation, and use of improvements, buildings, structures, objects, sites, and features that represent the City's architectural, cultural, social, historical, and political heritage. The standards and requirements in this chapter are

intended to balance historic preservation objectives and property owners' rights. Further, it is the intent and purpose of the Manhattan Beach City Council in passing this chapter to:

A.

Safeguard the City's heritage and small-town beach atmosphere by encouraging the identification, recognition, and protection of landmarks representing significant elements of the City's history and culture;

B.

Foster civic and neighborhood pride and a sense of identity based on appreciation of the City's past and small-town beach atmosphere;

C.

Strengthen the economy of the City by identifying and recognizing historical and cultural landmarks which may be of interest to residents and visitors alike, and safeguarding our heritage for future generations;

D.

Encourage public education and voluntary participation in the City's historic preservation program;

E.

Encourage public knowledge, understanding, and appreciation of our cultural, social, and architectural history and heritage;

F.

Preserve diverse and significant architectural styles and property types reflecting phases of the City's history and encourage complementary contemporary design and construction;

G.

Establish criteria for a comprehensive survey of historic resources, as defined by the Public Resource Code Section 5020.1, Section 5024.1, and Section 5024.5, within the boundaries of the City to publicize and periodically update survey results;

H.

Establish a policy and practice of the City that ensures that property owners will be notified of a determination of the potential eligibility of a property for landmark designation; however, no properties will be listed without the property owners' consent;

I.

Adopt incentives that promote the preservation and rehabilitation of historic properties; and

J.

Ensure City compliance with Section 21084.1 of the California Environmental Quality Act which specifies that a project that may cause a substantial adverse change in the significance of historical resources (as defined by the Public Resource Code Section 5020.1, Section 5024.1, and Section 5024.5) is a project that may have a significant effect on the environment.

(§ 8, Ord. 16-0034, eff. March 18, 2016; § 1, Ord. 23-0010, eff. November 7, 2023)

10.86.030 - Definitions.

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

"Accessory dwelling units (ADU)" and "junior "accessory dwelling units (JADU)" as defined in Chapter 10.74 of this title.

"Addition" means any expansion or increase in floor area or height of a building or structure.

"Alteration" means any act or process that modifies a historic landmark or contributing resource that either: (1) requires a building or other permit and changes one or more of the features of a landscape or structure including, without limitation, the setting of the resource or the erection, construction, reconstruction, or relocation of any structure or any part of a structure; or (2) significantly changes the setting and/or any character-defining feature of a landscape or exterior of a structure that relates to its status as a historic

landmark or contributing resource, regardless of whether such act or process requires a building or other permit.

"Building Official" means the individual (or his or her designee) so designated by the City, for purposes of implementing Title 9 (Building Regulations) of the Municipal Code.

"Certificate of appropriateness" means the permit granted on the finding by the Planning Commission or Director is in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties for an application to demolish, alter, or relocate a historic landmark or contributing resource. A

ministerial application for certificate of appropriateness, approved by the Director, would include all projects defined as a "minor alteration" or "negligible alteration." A discretionary application of certificate of appropriateness, approved by Planning Commission, would include all projects outside of the scope of minor and negligible alterations and are subject to California Environmental Quality Act (CEQA).

"California Environmental Quality Act (CEQA)" means the California law requiring public agencies to study, document, and consider the potential environmental effects of a proposed action prior to allowing the action to occur. The provisions of CEQA are codified in Public Resources Code Section 21000 et seq., and the State of California CEQA Guidelines, as set forth in the California Code of Regulations, Title 14, Chapter 3, Section 15000 et seq.

"Character-defining feature" means the physical elements and characteristics through which a historically significant property expresses its significance. Character-defining features include but are not limited to overall form and massing, materials, finishes, architectural style, decorative detailing, site features and relationship to neighboring properties, landscaping, and interior features.

"Community Development Director" or "Director" means the Community Development Director or his or her designee.

"Contributing resource" (or "contributor") means any building, structure, object, site, sign, area, place, or natural feature within a historic district that is either a separately designated historic landmark or designated as a resource that contributes to the district's historic, cultural, or architectural significance.

"Demolition" means any act or process that destroys, in whole or in part, a building, structure, or site or permanently impairs its structural integrity.

"Economic Hardship Exception" means the permit granted to a property owner or applicant by the Planning Commission to provide administrative relief due to undue economic hardship on the owner, for a project that does not comply with the Secretary's Standards and is therefore ineligible for a certificate of appropriateness.

"Historic district" means a geographic area having a significant concentration, linkage, or continuity of buildings, structures, objects, sites, and other features united historically or aesthetically by plan or physical development that has been designated pursuant to the provisions in this chapter.

"Historic integrity" means a property with the ability to convey its historic or architectural significance as evidenced by the survival of physical characteristics or historic fabric that existed during the historic resource's period of significance. As defined by the National Parks Service and in accordance with the accepted standards of professional preservation practice, historic integrity is the composite of seven (7) aspects of integrity: location, design, setting, materials, workmanship, feeling and association. A property or area need not possess all seven (7) aspects, but must retain enough to convey the reason for its significance.

"Historic landmark" means any building, structure, object, site, sign, area, place, or natural feature designated as a historic landmark pursuant to this chapter.

"Historic resource" means a property listed, nominated, or eligible for listing in the Register of Historic Resources, including historic landmarks, historic districts, and contributing resources to historic districts.

"Improvement" means a physical feature of real property, or any part of such feature.

"Inventory of Historic Resources" means the inventory of buildings, structures, objects, sites, historic districts, signs, areas, places, and natural features determined potentially eligible for local landmark listing in the City, prepared and approved in accordance with Section 10.86.050.

"Manhattan Beach Preservation Organization" or "MBPO" means a group comprised of voluntary members of the community, recognized by the City of Manhattan Beach, such as the Manhattan Beach Cultural Heritage Conservancy (MBCHC) or the Manhattan Beach Historical Society, which assists in increasing public awareness and community appreciation of Manhattan Beach history.

"Major alterations" means any work to a property that includes the alteration, removal, or obstruction of character-defining features, elevations, and spaces, or additions to a property that are visible from the public right-of-way.

"Mills Act" means the California state law, Government Code Section 50280, et seq., that allows cities to enter into contracts with the owners of historic structures. Such contracts require a reduction of property taxes in exchange for the continued preservation of the property.

"Minor alterations" means any work to a property that does not include changes/removal of characterdefining features. Minor alterations generally includes the following, to the extent they do not include changes/removal of, or do not affect, character-defining features:

(1)

Any removal or change to insignificant exterior features of designated historic resources, including additions, doors, windows, and exterior siding material that are non-original or otherwise lack historic integrity, including paint color; repairs to roofing and foundations;

(2)

Any alteration requiring a permit that does not substantially change the exterior character-defining features of a designated historic resource, including minor additions on secondary facades such as construction, demolition, or alteration of side, rear, and front yard fence, albeit all of which would be subject to the Secretary of the Interior's Standards;

(3)

Ordinary maintenance and repair;

(4)

Landscaping, including sprinkler system work;

(5)

Paving work;

(6)

All alterations that are entirely interior and do not affect the exterior of property, except for interior features that are specifically mentioned as being important in a landmark designation; and

(7)

Replacement of existing screens and awnings with the same or substantially consistent materials, form and shape,

(8)

Any other undertaking of similar scope or scale as determined by the Director.

"Negligible alteration" means any work identified below that is undertaken on any building, structure, object, site, sign, area, place, or natural feature within a historic district but that is a non-contributing resource to that historic district:

(1)

All work that is entirely interior and does not affect the exterior of a designated historic resource, except for interior features that are specifically mentioned as character-defining features in a landmark designation adopted by the City.

(2)

Installation of rooftop equipment, including solar panels, not visible from the public right-of-way.

(3)

Re-roofing in a different material that replicates the existing or original roofing.

(4)

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

(5)

If original windows and doors are beyond repair, replacement windows and doors matching the appearance of the original windows and doors.

(6)

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

(7)

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

(8)

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

(9)

Seismic upgrades that minimize the alteration of character-defining features of a historic resource.

(10)

Any other undertaking of similar scope or scale as determined negligible by the Director.

"Non-contributing resource" means any building, structure, object, site, sign, area, place, or natural feature within a historic district that is not a contributing resource.

"Ordinary maintenance and repair" means work on a historic resource that (i) does not, by law, require issuance of a permit; (ii) involves regular, customary, or usual care of an existing building, structure, object, or site, for the purposes of preserving the property and maintaining it in a safe and sanitary condition; and (iii) does not involve a change of design, material, or appearance of the property.

"Owner" or "property owner" means any person(s), association, partnership, firm, corporation, public entity, or combination thereof, identified as the holder of title of any property.

"Planning Commission" or "Commission" means the Planning Commission of the City of Manhattan Beach.

"Prehistory" refers to the period in history prior to the advent of written records, revealed through archaeological and paleontological discoveries and analysis.

"Qualified professional(s)" shall mean any of the following professions/occupations:

• "Architectural historian" shall refer to an architectural historian who meets the Secretary of the Interior's Professional Qualifications Standards in architectural history, as defined by the National Park Service.

• "Historian" shall refer to a historian who meets the Secretary of the Interior's Professional Qualifications Standards in history, as defined by the National Park Service.

• "Historic architect" shall refer to a licensed architect who meets the Secretary of the Interior's Professional Qualifications Standards in historic architecture, as defined by the National Park Service.

• "Structural engineer" shall refer to any individual registered by the State of California to practice structural engineering and to use the title Structural Engineer pursuant to the State of California Business and Professions Code, Chapter 7, Section 6701. When working with historic buildings and structures for the City of Manhattan Beach, the Structural Engineer shall have experience in historic preservation.

"Register of Historic Resources" means the register of historic landmarks, historic districts, and contributing resources to historic districts prepared and approved in accordance with the provisions of this chapter.

"Rehabilitation" means the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural significance.

"Restoration" means the act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period, which may include the limited and sensitive upgrade of mechanical, electrical, and plumbing systems and other code-required work to make the property functional and safe.

"Secretary of the Interior's Standards for the Treatment of Historic Properties" or

"Secretary's Standards" means both the Standards and the Guidelines developed by the United States Department of the Interior, National Park Service, for the preservation, rehabilitation, restoration, and reconstruction of historic resources.

"Survey" means the process of identifying and gathering information for the assessment of a property's historic and/or cultural significance in accordance with the standards set forth by Public Resources Code Section 5024.1(g). The resulting list, the Inventory of Historic Resources, would be of resources that have the potential to become historical landmarks, resources or, historic districts.

(§ 8, Ord. 16-0034, eff. March 18, 2016 and § 4, Ord. 17-0014, eff. September 14, 2017; § 1, Ord. 23-0010, eff. November 7, 2023)

10.86.040 - Planning Commission.

A.

Designation of Commission. The Planning Commission shall have and exercise the powers and perform the duties set forth in this chapter.

B.

Powers and Duties. For the purposes of this chapter, the Commission shall have the following powers and duties, in addition to any other duties specified in this chapter:

1.

General Powers. The Commission shall be an advisory board to the City Council and all City departments and staff on all matters relating to the identification, protection, retention, preservation, and registration of historic resources in the City, as directed by the City Council.

2.

Enumerated Powers. The Commission shall:

a.

Administer the provisions of this chapter;

b.

Advise the Council in all matters pertaining to historic preservation in the City;

c.

Compile and maintain for public use and information the Register of Historic Resources;

d.

Compile, maintain, and periodically update the Inventory of Historic Resources;

e.

Recommend the designation of and nominate historic landmarks and districts;

f.

Approve or disapprove in whole or in part applications for certificates of appropriateness and certificates of economic hardship for the demolition, alteration, or relocation of designated landmarks, including individual landmarks, historic districts, sites, and their contributing improvements and natural features;

g.

Review and comment on the decisions and documents, including, but not limited to, environmental assessments, Environmental Impact Reports, and Environmental Impact Statements, prepared by the City or other public agencies when such decisions or documents might affect designated or eligible historical resources within the City;

h.

Participate in, promote, and conduct public informational, educational, and interpretive programs pertaining to historic preservation;

i.

Recommend and encourage the protection, enhancement, appreciation, and use of properties of historical, cultural, architectural, community or aesthetic value that have not been designated as historical resources but are deserving of recognition at the election of, or with the concurrence of, the property owner on a voluntary basis;

j.

Review applications and make recommendations to the City Council on Mills Act Tax Abatement program contracts;

k.

Upon request, make recommendations to the City Council on zoning and general plan amendments related to historic preservation goals and policies; and

l.

Perform any other functions that may be designated by resolution or action of the City Council.

(§ 3, Ord. 17-0014, eff. September 14, 2017; § 1, Ord. 23-0010, eff. November 7, 2023)

Editor's note— Ord. 17-0014, § 1, adopted August 15, 2017, in effect, repealed § 10.86.040 and enacted a new § 10.86.040 as set out herein. Former § 10.86.040 pertained to the historic preservation commission and derived from (§ 8, Ord. 16-0034, eff. March 18, 2016.

The Commission shall compile, maintain, and periodically update the Inventory of Historic Resources. Upon the request of the City Council, the Commission shall forward a plan to the City Council recommending a comprehensive historic resources survey, completed in compliance with the standards set forth in Public Resources Code Section 5024.1(g), as it may be amended from time to time, which will provide the baseline data for the inventory. Upon authorization by the City Council, the Commission shall cause completion of the comprehensive historic resources survey. Based upon the results of the survey, the Commission shall compile the inventory. Property owners shall be notified of a determination of the potential eligibility of a property for landmark designation. No properties will be formally proposed for landmark designation without the property owner's consent. The City may encourage the voluntary designation of potential historic resources as landmarks or historic property through an application process.

(§ 8, Ord. 16-0034, eff. March 18, 2016 and § 4, Ord. 17-0014, eff. September 14, 2017; § 1, Ord. 23-0010, eff. November 7, 2023)

10.86.060 - Register of historic resources.

A.

Register Established. There is hereby established the Manhattan Beach Register of Historic Resources, a register of locally designated historic landmarks, historic districts, and contributing resources to historic districts, as well as of properties designated on the National Register of Historic Places and California Register of Historical Resources.

B.

Effect of National or State Designation. Any property within the City that is listed in the National Register of Historic Places or the California Register of Historical Resources is eligible for designation as a historic landmark for purposes of this chapter.

C.

Prior Designations. Any historic landmark designated as a culturally significant landmark or as a historic landmark by the City on or before the effective date of the ordinance initially adopting this chapter shall not automatically be designated a historic landmark for purposes of this chapter, but shall require review to determine if the designation is consistent with the provisions of this chapter.

D.

New Designations. New designations of historic landmarks and historic districts can be initiated in accordance with the criteria and procedures set forth in this chapter; and are subject to property owner

consent.

E.

Designation Runs with the Land. The designation of a historic landmark, historic district or contributing resource runs with the land, and is not affected by a change of the property owner.

F.

Rescission of Designation. The conditions and process for amendment or rescission of a designation as a historic landmark or district, or of a contributing resource, are described in Section 10.86.130 (Amendment or Rescission of Designation).

G.

Determination of Eligibility for Use of a California Environmental Quality Act Categorical Exemption. Section 15300.2(f) of the State of California Environmental Quality Act (CEQA), guidelines disallows the use of a categorical exemption for a project which causes a substantial adverse change in the significance of a historical resource. The criteria set forth in Sections 10.86.100 and 10.86.160 can be used as the basis for determining if any addition, demolition, alteration, or relocation requested would(i) result in a substantial adverse change in the significance of a historical resource or (ii) is consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties.

H.

Mills Act contracts include the City and property owner's negotiated terms, and are binding for an initial ten (10) years with automatic yearly extensions and remain in effect when the property is transferred. Subsequent owners are bound by the contract and have the same rights and obligations as the original owner who entered into the contract for the duration of the contract period. New owners shall contact the City for the terms of the rights and obligations a Mills Act contract creates.

(§ 8, Ord. 16-0034, eff. March 18, 2016; § 1, Ord. 23-0010, eff. November 7, 2023)

10.86.070 - Designation criteria for historic landmarks.

A.

The Council may designate a property, with owner's voluntary consent, as a historic landmark and add it to the Register of Historic Resources if it meets the requirements of paragraphs B, C, and D of this section.

B.

In order to be eligible for consideration as a landmark, a property must be at least forty-five (45) years old. A historic property less than forty-five (45) years of age may qualify for local listing if the Director, Commission, and/or City Council determine that the resource is of exceptional architectural, cultural, social, and/or historical importance to the City, as verified by a qualified architectural historian or historian.

C.

Historic landmarks must retain integrity from their period of significance, as determined by a qualified architectural historian or historian. A proposed landmark need not retain all seven (7) aspects of historic integrity (location, design, setting, materials, workmanship, feeling, and association), but it must retain sufficient integrity to convey the reasons for its historic, cultural, or architectural significance.

D.

Historic landmarks must meet at least one of the following criteria:

1.

It is or was once associated or identified with important events or broad patterns of development that have made a significant contribution to the social, political, cultural, or architectural history of the city, region, state, or nation.

2.

It is or was once associated with an important person or persons who made a significant contribution to the history, development, and/or culture of the city, region, state, or nation.

3.

It embodies the distinctive characteristics of a style, type, period, or method of construction.

4.

It represents the work of a master, or possesses high artistic or aesthetic values.

5.

It represents the last, best remaining example of an architectural type or style in a neighborhood or the city that was once common but it [is] increasingly rare.

6.

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

E.

Neither the deferred maintenance of a proposed landmark nor its dilapidated condition shall, on its own, be equated with a loss of integrity. Integrity shall be judged with reference to the particular characteristics that support the property's eligibility under the appropriate criteria and theme of significance.

(§ 8, Ord. 16-0034, eff. March 18, 2016; § 1, Ord. 23-0010, eff. November 7, 2023)

10.86.080 - Designation procedures—Historic landmarks.

A.

Application. The City Council, Planning Commission, Director, a MBPO, or the owners of the subject property or their authorized agents, may apply for historic Landmark Designation. In the event the City or the MBPO initiates the application, the Director shall oversee and cause the completion of the required application with owner consent.

B.

Required Information. All applications shall be made on a form prescribed by the Director and shall include the following data:

1.

The assessor's parcel number and legal description of the site.

2.

A description of the historic property and statement of how it qualifies under the criteria described in Section 10.86.070, including the period of significance.

3.

A detailed architectural description, enumerating the property's character-defining features, elevations, and spaces.

4.

Construction chronology of the property, including history of major alterations/additions.

5.

Ownership history.

6.

A statement of significance describing why and how the property or feature meets the eligibility criteria of the Code including the area of significance, theme, and period of significance.

7.

Current photographs and (if available) historic photographs, maps, plans, sketches, drawings, deeds, permits, or other descriptive material as available to support the nomination's historic integrity and period of significance that conveys the reason for their significance.

8.

The signature of the property owner(s) or their authorized agents (owner consent).

9.

Such other information as requested by the Commission or Director.

C.

Evaluation. Within sixty (60) days after the date a designation application is deemed complete, the Director shall prepare, or cause to be prepared, a historic resources evaluation to determine the eligibility of the property and to document all potentially historic features of the subject property, including the character defining features, and prepare a report to the Commission. The evaluation shall be conducted by a qualified architectural historian or historian.

D.

Commission Review and Recommendation. The Commission shall conduct a public hearing on the application. After the close of the hearing, the Commission shall adopt a resolution recommending to the Council the approval, conditional approval, or denial of the application.

E.

Council Determination. After receiving the Commission's recommendation, the Council shall conduct a public hearing on the landmark nomination application. The Council shall adopt a resolution approving, conditionally approving, or denying the application. If the Council has not taken action on the application within one hundred fifty (150) days of the Commission's recommendation, or within one hundred fifty (150) days after the date the application was deemed to have been forwarded to the Council without recommendation, then the application shall be deemed denied. The Council shall not approve or conditionally approve the Landmark Designation absent owner consent.

F.

Designation.

1.

Upon designation by the Council, the Director shall forward a copy of the resolution approving the designation of a historic landmark to any department or agency that the Director deems appropriate, and shall record or cause to be recorded the location, characteristics, and significance of the historic landmark on a California Department of Parks and Recreation Historic Resources Inventory Form 523, or current equivalent form, in accordance with the practices specified by the State Office of Historic Preservation for the recordation of historic resources.

2.

A designated historic landmark may be identified by a marker, created or designed by the owner and approved by the City pursuant to the Sign Code, Chapter 10.72 of the City's municipal code, but such a marker is not required.

G.

Withdrawal.

A property owner who has signed an application for the designation of his/her property for a historic landmark may withdraw such consent by filing a written notice of withdrawal with the city clerk at any time prior to the close of the public hearing thereon before the planning commission or before the city council.

(§ 8, Ord. 16-0034, eff. March 18, 2016 and § 2, Ord. 17-0014, eff. September 14, 2017; § 2, Ord. 23-0008U, eff. September 5, 2023)

10.86.090 - Owner consent for landmark designation.

The City shall not designate any landmark without property owner's consent.

(§ 8, Ord. 16-0034, eff. March 18, 2016; § 1, Ord. 23-0010, eff. November 7, 2023)

10.86.100 - Designation criteria for historic districts.

A.

In addition to satisfying the criteria in Section 10.86.070 (where applicable), when recommending the approval of the nomination of a historic district, the Commission must also find:

1.

That the historic district is an identifiable and distinct entity with clear boundaries and that it possesses a significant concentration of buildings, structures, and related features sharing common historical, visual, aesthetical, cultural, archaeological, or architectural plan or physical development; and

2.

That the historic district retains integrity from its period of significance as determined by a qualified architectural historian or historian. Not all properties or features within a proposed district need to retain all seven (7) aspects of integrity (location, design, setting, materials, workmanship, feeling, and association), but a substantial number of such properties and structures must retain sufficient integrity to convey the historic, cultural, or architectural significance of the district.

B.

The components of an eligible historic district may lack individual distinction but still represent a significant and distinguishable entity that meets eligibility criteria.

C.

Neither deferred maintenance within a proposed district nor the dilapidated condition of its constituent buildings and landscapes shall, on its own, be equated with a loss of integrity. Integrity shall be judged with reference to the particular characteristics that support the district's eligibility under the appropriate criteria and theme of significance.

D.

As part of the City's review, a survey and survey documentation for a historical resource and historic district designated or listed as a historic landmark, historic property, or district, pursuant to Public Resource Code

5024(g)(4), will be prepared in accordance with the OHP procedures and requirements and will be evaluated to have a significant rating of Category 1 to 5 on a Department of Parks and Recreation (DPR) Form 523.

(§ 8, Ord. 16-0034, eff. March 18, 2016; § 1, Ord. 23-0010, eff. November 7, 2023)

A.

Applicable Historic Landmark Procedures. Procedures for the application and designation of historic districts, including the time limits specified in paragraphs C, D, and E of Section 10.86.080, shall be the same as those applicable to historic landmarks, except as modified by this section. If, prior to an application for designation of a historic district being deemed complete, the Director requests additional information, the applicant shall have sixty (60) days to submit the requested information. If the applicant fails to submit the requested information within that sixty (60) day period the application shall be

administratively withdrawn. The applicant for the historic district designation may request a suspension of the schedule to address an unforeseen change in circumstances or information that was not known at the time of the original application. In that event, no further action shall be taken on the proposed district until a new application is submitted.

B.

Applications. In addition to all other information and materials described in paragraph B of Section 10.86.080 (which information shall be provided for each proposed contributing resource), all applications for designation of historic districts shall include a depiction of the proposed district that includes a clear and distinct description of its boundaries and a report prepared by a qualified professional describing all contributing and non-contributing resources within the district.

C.

Petition Required. Prior to the hearing before the Commission, a petition in support of the application, which is signed by at least sixty percent (60%) of the owners of the parcels within the proposed district, must be submitted to the Director. For purposes of the petition requirement, each parcel must have the signatures of all of the owners of that property but only one signature shall be counted per parcel for purposes of calculating the sixty percent (60%) required.

D.

Commission and Council Action.

1.

Whenever the Council designates a historic district, it shall also adopt: (1) a written description and clear depiction of the district boundaries; and (2) a detailed report that identifies and describes period of significance, the contributing resources and elements of the district, as well as those resources and elements that are not contributing resources.

The Director or Commission may also prepare or cause the preparation of design guidelines for the historic district, which will establish general recommendations to guide subsequent new construction, alterations and additions that will avoid significant adverse indirect impacts to the historic district, its contributors, and setting. Any such guidelines require Council approval.

3.

The written consent of a minimum of sixty percent (60%) of the owners of the parcels within the proposed district must be obtained and submitted to the Director in order for the district to be designated. For purposes of this consent requirement, each parcel must have the signatures of all of the owners of that property but only one (1) signature shall be counted per parcel for purposes of calculating the sixty percent (60%) required.

4.

At any time prior to designation of the historic district by the City Council, a property owner may elect not to be included with the proposed district, by written notice to the Director. The property of the person so notifying the Director shall not be included within the proposed district.

E.

Reevaluation of Surveys for Eligibility. Per PRC 5024.1(g) (4), if the survey is five (5) or more years old at the time of it nomination for a historic district, the survey is updated to identify the following:

1.

Resources which have become eligible or ineligible due to change in circumstances or the existence of further documentation of the resource

2.

Resources which have been demolished or altered in a manner that substantially diminishes the significance of the resource.

F.

Consideration for Eligibility for Listing in California Register of Historical Resources. Where the City believes that a historic district is eligible for listing on the California Register of Historical Resources, and with the consent of one hundred (100%) of the affected properties, the City may submit the Historic Property Survey Report to the California Office of Historic Preservation for consideration and evaluation for listing.

G.

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

(§ 8, Ord. 16-0034, eff. March 18, 2016; § 1, Ord. 23-0010, eff. November 7, 2023)

10.86.120 - Owner consent for inclusion as contributing element to historic district.

Notwithstanding Section 10.86.110.D.3, the City shall not designate a property as a contributing element to a historic district without owner's consent.

(§ 8, Ord. 16-0034, eff. March 18, 2016; § 1, Ord. 23-0010, eff. November 7, 2023)

Editor's note— § 2, Ord. 23-0010, effective November 7, 2023, renamed § 10.86.120 from "conservation districts" to "owner consent for inclusion as contributing element to historic district."

10.86.130 - Amendment or rescission of designation.

A.

Criteria for Rescission. Once a historic landmark, historic district, or contributing resource is so designated, the designation shall not be repealed by the City Council unless it is determined that: (1) the evidence used to establish the designation was erroneous, or that material procedural errors were made during the designation process; or (2) the historic landmark, historic district, or contributing resource no longer meets the criteria for designation under Section 10.86.070 or 10.86.110. The City's Inventory of Historic Resources shall be updated due to changed circumstances with documentation for those which have been demolished or altered in a manner that substantially diminishes the significance of the resource.

B.

Amendment or Rescission. The Council may amend or rescind the designation of any designated historic landmark, historic district, or contributing property to a historic district in the same manner that is followed for designation.

C.

Rescission: Substantial destruction.

1.

In the event of substantial destruction of a landmark or historic district, the owner(s) of the parcels may apply for removal of designation. The Commission or Council may also initiate removal in such circumstances. The removal of a designation for this reason shall be processed and decided in the same manner as designations as set forth in this chapter, with the additional requirement that the determination of substantial destruction shall be set forth in the findings of the Commission.

2.

Destruction or removal of a landmark following a natural disaster shall result in the automatic removal of the landmark designation.

3.

Once a landmark or historic district designation has been removed, affected properties shall no longer be subject to any provision or regulation of this chapter.

(§ 8, Ord. 16-0034, eff. March 18, 2016; § 1, Ord. 23-0010, eff. November 7, 2023)

Every owner of a historic landmark or contributing resource to a historic district shall maintain and keep such resources in good repair, in a manner that clearly ensures the continued availability of such premises for lawful and reasonable uses, and which prevents deteriorating, dilapidation and decay of any portion of such resource.

(§ 8, Ord. 16-0034, eff. March 18, 2016; § 1, Ord. 23-0010, eff. November 7, 2023)

Accessory dwelling units and junior accessory dwelling units under conditions specified in the law, are permitted on a historic property, in a historic district, or in a contributing resource with historic significance. Per Government Code Section 65852.2, objective standards including, but not limited to, design, development, and historic standards will apply on said accessory dwelling units. Parking standards shall not be imposed for an ADU where the ADU is located with an architecturally and historically significant

property or district. These objective standards are applied to prevent the adverse impacts on any real property that is listed in the California Register of Historic Resources. Approval of accessory dwelling units are a ministerial action and will require a permit application for the construction of an accessory dwelling unit.

(§ 1, Ord. 23-0010, eff. November 7, 2023)

A Certificate of appropriateness is required when the owner is seeking a permit for an addition to, demolition of, alteration of, or relocation of any historic resource listed on the National Register of Historic Places, listed on the California Register of Historical Resources, designated as a historic landmark by the City, or designated as a contributor to a designated historic district. The Planning Commission shall take reasonable measures to ensure historic resources are not inadvertently or unnecessarily destroyed and explore all alternatives to their demolition. The full demolition of a historic landmark or contributing resource is considered a discretionary permit and subject to the California Environmental Quality Act (CEQA) and Permit Streamlining Act. Therefore, a demolition permit shall not be issued until the requirements of this section have been met. Per CEQA guidelines, where a project involves an approval that contains elements of both a ministerial action and a discretionary action, the project will be deemed to be discretionary and will be subject to the requirements of CEQA.

A.

Certificate Required. No person shall carry out or cause to be carried out any alteration, restoration, rehabilitation, construction, removal, relocation, or demolition of any resource listed on the National Register of Historic Places, listed on the California Register of Historical Resources, designated as a historic landmark by the City, or designated as a contributor to a designated historic district unless the City has first issued a certificate of appropriateness in accordance with the requirements of this chapter. See also Section 10.86.180 regarding pending applications.

B.

Exemptions. A certificate of appropriateness shall not be required for ordinary maintenance or repair or minor alterations or for projects that do not, by law, require issuance of a permit and do not involve a change of design, materials, or exterior appearance of the property.

C.

Administrative Review. A certificate of appropriateness may be issued by the Director for work that constitutes a "negligible alteration" or a "minor alteration" and requires issuance of a permit but does not involve a change of design, material, or appearance to character-defining features, nor the removal or obstruction of a character-defining feature, of a designated historic landmark or contributing property of a designated historic district. In addition, the Director shall approve, conditionally approve, or deny any application for a certificate of appropriateness for any of the following types of alterations:

1.

Repair or replacement of deteriorated materials with applications or materials of the same kind, type, and texture already in use for roofs, windows, siding material, chimneys and fireplaces, accessory structures, or fencing.

2.

Addition or deletion of awnings, canopies, and similar incidental appurtenances that do not alter the integrity of the historic landmark or contributing resource.

3.

Minor additions of square footage (one hundred fifty (150) square feet or less), as determined by the Director, where such additions are on the rear elevation and not visible from the public right-of-way and would not remove, change, or obstruct any of the property's character-defining features.

4.

Alterations previously identified in an adopted design guidelines plan for a historic district and designated in such guidelines for review through the plan check process and approved accordingly.

D.

Commission Review. Applications for a certificate of appropriateness for work that does not qualify for administrative review pursuant to paragraph C of this Section 10.86.150 shall be referred to the Commission.

(§ 8, Ord. 16-0034, eff. March 18, 2016; § 1, Ord. 23-0010, eff. November 7, 2023)

A.

Application. An application for a certificate of appropriateness shall be filed with the Community Development Department upon the prescribed form and shall contain the following data:

1.

A description of the proposed work and an explanation of how it is compatible with the Secretary's Standards and other applicable standards as appropriate by a qualified professional.

2.

Detailed architectural plans, including floor plans and scaled elevations and drawings, illustrating the scale, massing, and appearance of the proposed work, including existing and proposed elevations and plans. Information on the specifications and appearance of existing and proposed replacement materials and features should also be included.

3.

A site plan showing all existing buildings and structures and the relationship of the proposed work to the surrounding environment.

4.

Relationship to the existing scale, massing, architectural style, site and streetscape, landscaping and signage, for new construction in historic districts.

5.

Other information deemed necessary by the Director.

B.

Commission Review. The Commission shall conduct a public hearing on the application, after which it shall adopt a resolution approving, conditionally approving, or denying the application.

C.

Administrative Review. Notwithstanding the previous paragraph, the Director shall approve, conditionally approve, or deny any application for a certificate of appropriateness for any of the minor alterations described in Section 10.86.150(C). The following considerations shall guide the review and issuance of certificates of appropriateness at the administrative review level:

1.

If the Director determines that the proposed work would not result in a change of design, material, or appearance of the property's character-defining features, and all elements of the project comply with the Secretary's Standards, the Director shall approve the certificate of appropriateness.

2.

If the Director determines that the proposed work may result or would result in a change of design, material, or appearance of the property's character-defining features, or has the potential to conflict with the Secretary's Standards, the Director may deny the certificate of appropriateness or refer the certificate of appropriateness to the Commission for review.

D.

Findings Required. No certificate of appropriateness may be approved by either the Commission or Director unless the findings specified in Section 10.86.170 are made, or an Economic Hardship Exception is approved pursuant to Section 10.86.200.

E.

Issuance of Certificate. Upon approval, copies of the certificate of appropriateness shall be forwarded to the applicant, the Building Official, the Director, and any other department or agency that requests one.

F.

Appeal. Decisions of the Director and Commission regarding a certificate of appropriateness are subject to appeal in accordance with Section 10.86.230. No certificate of appropriateness shall become effective until the time to appeal its approval has expired.

G.

Expiration of Certificate of Appropriateness. A certificate of appropriateness shall lapse and become void eighteen (18) months (or a shorter period if specified as a condition of approval) from the date of final approval, unless a building permit (if required) has been issued and the work authorized by the certificate has commenced prior to such expiration date and is diligently pursued for completion. Upon request of the property owner, a certificate of appropriateness may be extended by the Director for an additional period of up to twelve (12) months. The Director may approve, approve with conditions, or deny any request for extension.

H.

Revocation of Certificate of Appropriateness. A certificate of appropriateness may be revoked or modified for reasons of (1) noncompliance with any terms or conditions of the Certificate; (2) noncompliance with any provisions of this chapter; or (3) a finding of fraud or misrepresentation used in the process of obtaining the Certificate. Revocation proceedings may be initiated by motion of the original approving body. Once revocation proceedings have been initiated, all work being done in reliance upon such Certificate or associated permits shall be immediately suspended until a final determination is made regarding the revocation. The decision to revoke a certificate of appropriateness shall be made by the original approving body, in the original process of proceedings with written notice provided to the property owner at least ten (10) days prior thereto. Within ten (10) working days of mailing of such notice of revocation to the permittee, a written appeal of such action may be filed. Any such appeal shall be made to the Planning Commission or City Council, whichever is the next governing body.

(§ 8, Ord. 16-0034, eff. March 18, 2016; § 1, Ord. 23-0010, eff. November 7, 2023)

10.86.170 - Certificates of appropriateness—Findings.

A.

Standard Findings. A certificate of appropriateness shall be approved if the Commission or Director, as appropriate, makes all of the following findings:

1.

The project will not cause a substantial adverse change in the significance of an historic landmark or contributing resource in accordance with the California Environmental Quality Act.

2.

The project is consistent with the provisions of this chapter.

3.

The project is consistent with the Secretary's Standards and any applicable design guidelines adopted by the City.

B.

Additional Findings for Demolitions. In the case of a certificate of appropriateness to allow demolition of part or all of a historic landmark or contributing resource, all of the following additional findings must be made.

1.

The mandatory sixty (60) day waiting period has expired.

2.

All efforts to restore, rehabilitate, or relocate the resource have been exhausted.

3.

Restoration or rehabilitation would require extensive alterations that would render the resource infeasible of preservation.

4.

Failure to demolish the resource would adversely affect or detract from the character of the neighborhood.

5.

The deterioration of the historic landmark or contributing resource is not the result of the failure of the owner to maintain the property in accordance with Section 10.86.140.

(§ 8, Ord. 16-0034, eff. March 18, 2016; § 1, Ord. 23-0010, eff. November 7, 2023)

10.86.180 - Work moratorium.

A.

Moratorium—Pending Historic Landmark Designation. Except as necessary to correct an unsafe or dangerous condition pursuant to Section 10.86.210, it shall be unlawful for any person to carry out or cause to be carried out any activity on a proposed historic landmark while a submitted application for designation is pending, without first having obtained a certificate of appropriateness, if the activity is one for which a certificate of appropriateness would be required for a historic landmark.

B.

Moratorium—Pending Historic District Designation. Except as necessary to correct an unsafe or dangerous condition pursuant to Section 10.86.210, it shall be unlawful for any person to carry out or cause to be carried out any activity requiring a certificate of appropriateness for any proposed contributing resource within the boundaries of a proposed historic district while a submitted application for designation is pending, without first having obtained a certificate of appropriateness, if the activity is one for which a certificate of appropriateness would be required for a contributing resource.

(§ 8, Ord. 16-0034, eff. March 18, 2016; § 1, Ord. 23-0010, eff. November 7, 2023)

Applications for a certificate of appropriateness for demolition of a historic landmark and contributing resource shall be subject to a sixty (60) day waiting period. During this period, the Director shall post a notice of the pending demolition permit in a location on the property that is visible from the nearest street (or in a similarly visible location adjacent to the property) and shall explore alternatives to demolition, including adaptive re-use and/or rehabilitation in accordance with the Secretary's Standards, application of the State Historic Building Code to allow for flexibility in code requirements in cases of adaptive reuse or rehabilitation, possible use of financial incentives such as the Mills Act Tax Abatement program, relocation, resale, or other provisions as appropriate.

(§ 8, Ord. 16-0034, eff. March 18, 2016; § 1, Ord. 23-0010, eff. November 7, 2023)

A.

Certificate. The Commission may issue an Economic Hardship Exception to allow alteration or demolition of a historic landmark or contributing resource where denial of a certificate of appropriateness would create an undue hardship upon the owner.

B.

Applications. An application for an Economic Hardship Exception shall be filed either concurrently with, or after, filing the related application for a certificate of appropriateness. An application for an Economic Hardship Exception shall be made on the prescribed form and be accompanied by the following information, unless any such information is determined by the Director not to be applicable:

1.

The estimated market value of the property in its current condition with supporting documentation.

2.

The estimated market value of the property after completion of the proposed alteration or demolition with supporting documentation.

3.

Estimates of the costs of proposed alteration or demolition with supporting documentation.

4.

In the case of demolition, the estimated market value of the property after renovation of the existing property for continued use and an estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional with experience in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property.

5.

A rehabilitation report from a licensed engineer or architect with expertise in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation.

6.

For income-producing properties, information on annual gross income, operating and maintenance expenses, tax deductions for depreciation, and annual cash flow after debt service, current property value appraisals, assessed property valuations, and real estate taxes.

7.

Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years.

8.

All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing, or ownership of the property.

9.

The amount paid for the property if purchased within the previous thirty-six (36) months, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer.

10.

Any listing of the property for sale, rent, prices asked, and offers received, if any within the previous two (2) years.

11.

Any other information the Director may reasonably require in order to determine whether or not the property may yield a reasonable return to the owners.

C.

Hearing Required. The Commission shall hold a public hearing on all applications for an Economic Hardship Exception; after which it may approve, conditionally approve, or deny the application. Such hearing may be held concurrently with any related application for a certificate of appropriateness.

D.

Findings. The Commission shall approve an Economic Hardship Exception if it makes all of the following findings:

1.

Denial of the application would decrease the value of the subject property so as to deprive the owner of any reasonable economic return on the property.

2.

Sale or rental of the property is not financially feasible, when looking at the cost of holding such property for uses permitted in the applicable zone.

3.

Adaptive reuse of the property for lawful purposes is prohibited or impractical.

4.

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

E.

Approval.

1.

Upon approval, copies of the Economic Hardship Exception shall be forwarded to the applicant, the Building Official, the Director, and any other department or agency that requests one.

2.

Decisions of the Commission regarding an Economic Hardship Exception are subject to appeal in accordance with Section 10.86.230. No Economic Hardship Exception shall become effective until the time

to appeal its approval has expired.

(§ 8, Ord. 16-0034, eff. March 18, 2016; § 1, Ord. 23-0010, eff. November 7, 2023)

A.

None of the provisions of this chapter shall be construed to prevent any construction, alteration, removal, demolition or relocation of a historic landmark or contributing resource necessary to correct the unsafe or dangerous conditions of any structure, or feature, or part thereof, where the Building Official, with a report from a qualified structural engineer or other qualified professional, has declared such condition unsafe or dangerous and the proposed construction, alteration, removal, demolition or relocation necessary to correct the unsafe or dangerous condition. Only such work as is necessary to correct the unsafe or dangerous condition may be performed pursuant to this section.

B.

The Building Official shall inform the Commission and Director prior to authorizing any work pursuant to this chapter unless he or she determines that such work is immediately necessary to correct the unsafe or dangerous condition; in which case, the Building Official shall report his or her actions to the Director within forty-eight (48) hours and to the Commission at its next regular meeting.

C.

If work authorized by the Building Official pursuant to this chapter is not immediately necessary to correct the unsafe or dangerous condition, the Commission may advise the Building Official of the historic significance of the building and recommend a reasonable period of postponement for the purpose of arranging for rehabilitation, relocation, documentation, and/or salvage of the historic resource or contributing resource. Notwithstanding the foregoing, if no arrangements have been made for rehabilitation, relocation, or salvage within sixty (60) days of an order to abate a nuisance, or an earlier time if determined to be necessary by the Building Official, the Building Official may proceed with the abatement action.

(§ 8, Ord. 16-0034, eff. March 18, 2016; § 1, Ord. 23-0010, eff. November 7, 2023)

If any action required or taken pursuant to this chapter is subject to the provisions of the California Environmental Quality Act (CEQA), the time in which such action must be taken shall be extended to the extent necessary to allow time to comply with the CEQA.

(§ 8, Ord. 16-0034, eff. March 18, 2016; § 1, Ord. 23-0010, eff. November 7, 2023)

10.86.230 - Appeals.

A.

The owner of a property subject to review, or the applicant, if different then the owner, may appeal any decision by the Director or Commission under this chapter pursuant to the limitations and procedures in

Chapter 10.100 of this Code. All appeals brought under this section shall be accompanied by a filing fee established by the Council.

B.

A decision whether to initiate a historic Landmark Designation application in accordance with Section 10.86.080 is not appealable.

C.

Any decision regarding a historic resource by the Director shall become final upon the expiration of the appeal period set forth in Section 10.100.10, unless an appeal to the Commission is filed.

D.

Any decision of the Commission regarding a historic resource shall become final upon the expiration of the appeal period set forth in Section 10.100.10, unless an appeal to the City Council is filed.

(§ 8, Ord. 16-0034, eff. March 18, 2016; § 1, Ord. 23-0010, eff. November 7, 2023)

Pursuant to California Government Code Sections 50280—50290 (commonly known as the "Mills Act"), the Council is authorized to enter into Mills Act contracts with the owner of a historic landmark for the purpose of preservation, rehabilitation, and maintenance of designated historic resources, which allow the owner to receive a reduction in property taxes in exchange for a commitment to specific repair, restoration, or rehabilitation improvements and satisfactory maintenance of the property in accordance with the Secretary's Standards and other applicable criteria. The Council shall, by resolution, specify the application process and review procedures for Mills Act contracts.

1.

Qualified Historic Properties. All individually designated historic landmarks, contributing resources in designated historic districts, and properties that are individually listed in the National Register of Historic Places or the California Register of Historical Resources are eligible for Mills Act contracts, pursuant to the provisions of Article 12, Sections 50280 through 50289, Chapter 1, Part 1, Title 5, of the California Government Code.

2.

All Mills Act contracts shall comply with Section 50281 of the California Government Code.

3.

Application Requirements. All Mills Act applications shall be filed with the City and include the following:

a.

A description and photographs of the property;

b.

A copy of the latest grant deed, deed of trust, or title report for the property;

c.

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

d.

A financial analysis form showing current property taxes and estimated taxes for the property under the contract;

e.

Required fees.

4.

City Review and Commission Recommendation. Mills Act applications shall be submitted to the City by no later than June 30 of any given year for consideration. Following the application submittal deadline, the Commission will review all applications. Within ninety (90) days from the beginning of review, the Commission will make recommendations to the Council on the merits of the proposed applications.

5.

Council Action. Council may in its sole and absolute discretion authorize or deny the execution of all Mills Act contracts. Approval of contracts shall not require a public hearing.

6.

Renewal. A Mills Act contract shall be a perpetual, ten-year contract that automatically renews annually unless and until the property owner/applicant or the City gives written notice to the other that the contract will not be renewed upon the expiration of its current term.

7.

Cancellation. A Mills Act contract may be cancelled or modified if the Commission finds, after written notice to the applicant and the property owner, either of the following conditions:

a.

The owner/applicant is responsible for noncompliance with any terms or conditions of the contract, or any provision in this chapter; or misrepresentation or fraud was used in the process of obtaining the contract.

b.

The subject property has been destroyed by fire, earthquake, flooding, or another calamity, or it has been taken by eminent domain.

8.

Work Plan Amendments. The contract may provide those alterations to the approved work plan required for review and approval by City staff.

9.

Mills Act Contract. The City Attorney shall prepare and maintain a current Mills Act contract template with all required provisions specified by state law and this section, including enforcement and penalties in the event of cancellation.

(§ 8, Ord. 16-0034, eff. March 18, 2016; § 1, Ord. 23-0010, eff. November 7, 2023)

To encourage owners to designate, maintain, preserve, rehabilitate, and improve historic landmarks and contributing resources, the City provides the incentives set forth in this section.

A.

Public Recognition. The Commission may establish a program to publicly recognize historic landmarks and, historic districts with plaques, signage, and other appropriate forms of recognition.

B.

State Historic Building Code. The California State Historic Building Code (SBHC) provides alternative building regulations for the preservation, restoration, rehabilitation, or relocation of historic resources. The SHBC shall be used in evaluating any building permit for work affecting a historic resource.

(§ 1, Ord. 23-0010, eff. November 7, 2023)

Historic Variances from applicable development standards, but not as to permissible uses of a property, may be applied to historic landmarks and contributing resources in historic districts. The designation as a historic landmark or contributing resource constitutes a property condition for the purposes of determining whether the property owner is denied privileges enjoyed by other property owners in the vicinity and within the same district as it pertains to development standards. Procedures and requirements of Chapter 10.84 of this Code and Section A.84 of the Coastal Plan Implementing Ordinance must be followed for the variance process.

(§ 8, Ord. 16-0034, eff. March 18, 2016; § 1, Ord. 23-0010, eff. November 7, 2023)

Before accepting for filing any application described in this chapter, the Director shall charge and collect such administrative fees as may be set by resolution of the Council.

(§ 8, Ord. 16-0034, eff. March 18, 2016; § 1, Ord. 23-0010, eff. November 7, 2023)

10.86.270 - Enforcement and penalties.

A.

Any person who violates a requirement of this chapter or fails to obey an order issued by the City Council, Commission and/or Director, or fails to comply with a condition of approval of any certificate or permit issued under this chapter, shall be subject to enforcement actions as set forth in Chapter 1.04 of this Code.

B.

In addition to all other remedies available to the City, any alteration or demolition of a historic resource in violation of this chapter is expressly declared to be a nuisance and may be abated as deemed appropriate by the City.

C.

In addition to all other remedies, the City shall have the authority to impose a temporary moratorium on the development of a property for a period not to exceed sixty (60) months from the date the City becomes aware of any alteration or demolition in violation of this chapter, unless the owner obtains permits to restore or reconstruct the property to its original condition prior to the violation and the work is consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties. The purpose of the moratorium is to provide the City an opportunity to study and determine appropriate mitigation measures for the alteration and/or removal of the historic resource, and to ensure measures are incorporated into any future development plans and approvals for the subject property. Mitigation measures which may be determined by the Commission and/or Director shall be imposed as a condition of any subsequent permit for development of the subject property in a manner that is consistent with Secretary of the Interior's Standards for the Treatment of Historic Properties.

D.

The city attorney may maintain an action for injunctive relief to restrain a violation or cause, where possible, the complete or partial restoration, reconstruction, or replacement of any historic resource demolished, partially demolished, altered, or partially altered in violation of this chapter.

E.

Any person who constructs, alters, removes, or demolishes a designated landmark or contributing resource in a designated historic district without the approval and issuance of a certificate or permit issued pursuant to this chapter may be required to restore the property to its appearance prior to the violation to the extent such restoration is physically possible, under the guidance of the Director. This civil remedy shall be in addition to, and not in lieu of, any criminal penalties available.

F.

In addition to any other remedies provided herein, any violation of this chapter may be enforced by civil action brought by the City. Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies or penalties, whether civil or criminal. The remedies provided herein are cumulative

and not exclusive. In any such action, the City may seek as appropriate, one or both of the following remedies:

1.

A temporary or permanent injunction, or both;

2.

Assessment of the violator for the costs of any investigation, inspection, or monitoring survey that led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection.

(§ 8, Ord. 16-0034, eff. March 18, 2016; § 1, Ord. 23-0010, eff. November 7, 2023)

Chapter 10.88 - RESIDENTIAL CONDOMINIUM CONVERSIONS

The conversion of residential structures from one (1) individual ownership to condominiums or any other form of multiple ownership interests creates special community problems, both social and economic. Conversions may significantly affect the balance between rental and ownership housing within the city, and thereby reduce the variety of individual choices of tenure, type, price, and location of housing; increase overall rents; decrease the supply of rental housing for all income groups; displace individuals and families; and disregard the needs of the prevailing consumer market. The purpose of this chapter is to provide guidelines to evaluate those problems, including the impact any conversion application may have on the community, and to establish requirements which shall be included in any conversion approval.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

This chapter is enacted for the following reasons:

A.

To establish procedures and standards for the conversion of existing multiple-family rental housing to condominiums;

B.

To reduce the impact of such conversions on tenants, who may be required to relocate due to the conversion of apartments to condominiums, by providing for procedures for notification and adequate time and assistance for relocation to comparable rental housing and rates;

C.

To assure that purchasers of converted housing have been properly informed as to the physical condition of the structure which is offered for purchase;

D.

To ensure that converted housing achieves a high standard of appearance, quality, and safety, and is in good condition without hidden needs for maintenance and repair;

E.

To provide the opportunity for low- and moderate-income persons to participate in the ownership process, as well as to maintain a supply of rental housing for low-and moderate-income persons; and

F.

To assure that adequate rental housing is available in the community.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

In addition to the applicable requirements and procedures set forth in Chapter 10.76, Subdivisions, conversions of existing rental housing to condominiums, community apartments, stock cooperatives and any other subdivision which is a conversion of existing rental housing shall be subject to the additional requirements of this title. Such conversions also must obtain a use permit pursuant to Chapter 10.84. Consistent with Section 10.12.020, the use permit requirement shall apply only to conversions creating three (3) or more units.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; § 2, Ord. 1951, eff. July 4, 1996)

The following procedures and regulations shall apply to condominium conversion applications:

A.

Preliminary Applications. Applicants may submit preliminary applications for condominium conversions of residential structures to condominiums. Such applications shall identify the owner or authorized agent, the location and number of units in the building to be converted, and contain information on the vacancy rate of multifamily dwellings of three (3) or more units within the city and the number of tenants residing in the building(s) to be converted who support such a conversion. A fee will be charged for the review of the proposed conversion in accordance with the fee resolution.

Data for determining the city's annual multifamily vacancy rate shall be compiled from a variety of sources including, but not limited to, United States Postal Service Surveys, idle utility meter reports, reports from financial institutions and real estate organizations.

B.

Department Review. The Department shall review preliminary applications for condominium conversions. Preliminary applications may be accepted for further discretionary review if any one of the following factors exists:

1.

The vacancy rate of multiple-family developments of three (3) or more rental units within the city, as determined by the Community Development Director, is equal to or more than five percent (5%), unless the conversion will result in a decrease of the vacancy rate to less than five percent (5%).

2.

Tenants lawfully in possession of seventy-five percent (75%) of the units indicate in writing to the City their desire (one (1) vote per unit) to convert such units to condominium ownership. To qualify under this provision, the applicant shall submit evidence that tenants have been provided with information on all estimated costs, including, but not limited to, the unit cost, down-payment requirements, financing, estimated property management costs, and homeowner association fees. If the conversion is approved, the developer shall provide information to the City on the number of tenants who actually purchased. If at any time during the conversion approval process, a sufficient number of tenants decide not to purchase, or if misrepresentation is discovered, the Board of Zoning Adjustment shall have sufficient grounds for recommending denial of the use permit application.

3.

The applicant agrees to sell or rent at affordable prices twenty-five percent (25%) of the units to low- and moderate-income households, with a minimum of twenty percent (20%) of the units affordable to lowincome households. If the units are to be made available for purchase, the maximum sales price of units intended for low- or moderate-income households shall not exceed 2.5 times the annual median income for such households as defined by the California Health and Safety Code, Section 50093. Resale controls shall be included as a deed restriction. If the units are to be for rent, the maximum rent allowed shall keep the units within the low- or moderate-income housing stock.

imum sales price of units intended for low- or moderate-income households shall not exceed 2.5 times the annual median income for such households as defined by the California Health and Safety Code, Section 50093. Resale controls shall be included as a deed restriction. If the units are to be for rent, the maximum rent allowed shall keep the units within the low- or moderate-income housing stock.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1891, Amended, 01/06/94)

After preliminary applications are accepted for further discretionary review, the applicant shall submit all the information required for a use permit application and a tentative map pursuant to this code. In addition, the applicant shall submit information documenting that the project as a whole will be in good repair on the interior and the exterior when offered for sale. As part of the material necessary for the City to determine this to be the case, the reports and/or information required by this section shall be submitted. The cost of all reports shall be paid by the applicant, and the persons preparing the reports shall be approved by the City. The reports shall include information on what improvements, if any, shall be accomplished by the developer and at what point in the conversion proceedings such improvements shall be completed. All improvements cited in the reports, whether required or voluntary, shall be considered conditions of approval.

The applicant shall be responsible for the remedy of physical conditions within individual units or common areas, noted by a prospective purchaser and/or tenant, which have been missed by inspections or which occur subsequent to the inspections but prior to the close of escrow. In case of disagreement between the

applicant and the prospective purchaser as to the actual condition, remedy, or cause of deterioration, the burden of proof shall be that of the applicant.

A.

Physical Elements Report. A report on the physical elements of all structures and facilities shall be submitted, containing the following:

1.

A report by a California-licensed structural or civil engineer detailing the structural condition, useful life, and any apparent deferred maintenance of all elements of the property, including, but not limited to, foundations, electricity, plumbing, utilities, walls, ceilings, windows, frames, recreational facilities, sound transmissions of each building, mechanical equipment, parking facilities, and drainage facilities. Such report also shall describe the condition of refuse disposal facilities; swimming pools, saunas, and fountains; stone and brickwork; fireplaces; and exterior lighting.

2.

A report by a California-licensed appliance repair contractor detailing the age, condition, expected size, and the cost of replacement for each appliance and mechanical equipment for heating and cooling. The report shall identify any defective or unsafe appliances and set forth the proposed corrective measures to be employed.

3.

A report by a California-licensed structural termite and pest control specialist certifying whether or not all attached or detached structures are free of infestation and structural damage caused by pests and dry rot. The report shall describe what procedures would be necessary to eliminate infestation or damage, if present. Such report shall be updated within 6 months after the close of escrow, and any infestation shall be remedied prior to sale.

4.

Existing soils reports shall be submitted for review with a statement regarding any known evidence of soils problems relating to the structures.

5.

A report by a California-licensed painting contractor verifying the condition of the painting throughout the project, including building interior and exterior surfaces and an estimate of the remaining physical life of the paint. A statement that new paint will be applied on all building interior and exterior surfaces may take the place of such report. Such statement shall include the brand name of the paint and the exterior colors to be used.

6.

A report by a California-licensed roofing contractor verifying the condition of the roofs of all structures and an estimate of the remaining physical life of the roofs and the cost of replacement. A statement that new

roof material will be applied may take the place of such report. Such statement shall include the type, grade, and color of the proposed roofing material.

7.

A declaration of the covenants, conditions, restrictions, and rules and regulations which would be applied on behalf of any and all owners of condominium units within the project. The declaration shall include, but not be limited to: the conveyance of units; the assignment of parking and storage areas; and an agreement for common area maintenance, together with an estimate of any initial assessment fees anticipated for such maintenance, and an indication of appropriate responsibilities for the maintenance of all utility lines and services for each unit.

8.

Specific information concerning the demographic and financial characteristics of the project, including, but not limited to, the following:

a.

The square footage and number of rooms in each unit;

b.

The rental rate history for each type of unit for the previous 3 years;

c.

The monthly vacancy rate for each month during the preceding 3 years;

d.

A complete list of the number of tenants and tenant households in the project, including the following information:

1.

Households with persons 62 years or older;

2.

The family size of households, including a breakdown of households with children 5 years and younger; and between 5 and 18 years;

3.

Households with handicapped persons;

4.

The length of residence;

The age of tenants; and

6.

The designation of low- and moderate-income households and whether any are receiving federal or state rent subsidies.

When the subdivider can demonstrate that demographic information is not available, this requirement may be modified by the Community Development Director.

e.

The proposed price of each of the units;

f.

The proposed homeowners' association budget, detailed to include fixed costs, operating costs, reserves, administration, and contingencies; and

g.

A statement of intent as to the types of financing programs to be made available, including any incentive programs for existing residents.

9.

Signed copies from each tenant of the notice of intent to convert, as specified in this chapter. The applicant shall submit evidence that a certified letter of notification was sent to each tenant for whom a signed copy of such notice is not submitted.

B.

Acceptance of Reports. The final form of the physical elements report and other documents shall be approved by the Board of Zoning Adjustment. The reports in their acceptable form shall remain on file with the Department for review by any interested person.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

A.

Compliance with Zoning, Building, Housing, Mechanical, and Fire Codes. All units, as well as the common ownership facilities, shall be brought into compliance with all applicable state and local zoning, building, housing, mechanical, and fire codes adopted for use by the City unless, upon approval of the Community Development Director and prior to recordation of the final map or parcel map, funds have been adequately escrowed to assure completion of such corrective work prior to the closing of escrow of any unit in the project.

B.

Parking Requirements. The project shall conform to all applicable parking requirements of Chapter 10.64.

C.

Sound Transmission Characteristics and Energy Conservation. The following methods shall be used to regulate noise transmission:

1.

Shock Mounting of Mechanical Equipment. All permanent mechanical equipment, such as motors, compressors, pumps, and compactors, which are determined by the Community Development Director to be a source of structural vibration or structure-borne noise, shall be shock-mounted in inertia blocks or bases and/or vibration isolators in a manner approved by the Community Development Director.

2.

Noise Mitigation and Energy Conservation. Energy conservation insulation shall be installed in all heated or cooled buildings, including common ownership structures used for assembly purposes, in accordance with Title 24 of the California Code of Regulations, as amended, and in effect on the date building permits are issued for condominium conversion rework. Common walls and common floor/ ceiling between units shall be constructed to meet a sound transmission coefficient (STC) rating of 55 or higher.

D.

Fire Protection

1.

Smoke Detectors. Every dwelling unit shall be provided with an AC- powered smoke detector approved by the State Fire Marshal. Installations shall comply with Uniform Building Code Section 1210(a).

2.

Sprinkler and Other Systems. A sprinkler system, fire alarm, and other fire protection devices shall be installed as required by the Municipal Code.

E.

Utilities: Location and Metering.

1.

Location. Each dwelling unit shall be served by gas and electric services completely within the lot lines or ownership space of each separate unit. No common gas or electrical connection or service shall be allowed. Easements for gas and electric lines shall be provided in the common ownership area where lateral service connections shall take place.

Undergrounding. All new utilities, both on-site and off-site, across property frontage shall be underground.

3.

Metering. Each dwelling unit shall be separately metered for gas and electricity. Individual panel boards for electrical current shall be provided for each unit. A plan for the equitable sharing of communal water metering and other shared utilities shall be included in the covenants, conditions, and restrictions.

F.

Laundry Facilities. A laundry area shall be provided in each unit, or, if common laundry areas are provided, such facilities shall consist of not less than 1 automatic washer and dryer for each 5 units or fraction thereof.

G.

Condition of Equipment and Appliances. At such time as the homeowners' association takes over the management of the condominium project, the applicant shall provide a one-year warranty to the association that any pool and/or spa and pool and/or spa equipment (filter, pumps, and chlorinator) and any appliances and mechanical equipment to be owned in common by the association is in operable working condition. The plumbing and electrical systems in both the dwellings and the common ownership areas shall also be covered by a one-year warranty for proper and safe operation and installation in a safe and workmanlike manner. Such warranty shall be offered by an independent homeowner's warranty service licensed by the California Insurance Commission.

H.

Refurbishing and Restoration. All main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas, and additional elements as required by the Board of Zoning Adjustment shall be refurbished and restored as necessary to achieve a high standard of appearance, quality, and safety.

I.

Contingency Fees. The intent of the City in requiring the creation of a contingency or reserve fund for condominium conversions is to provide a surety for unexpected or emergency repairs to common areas in the interest of the economic, aesthetic, and environmental maintenance of the community, as well as to protect the general welfare, public health, and safety of the community. Upon the close of escrow for each unit, the applicant shall convey to the homeowners' association's contingency fund a minimum fee of $200 per dwelling unit. When 50 percent or more of the total units in the project have been sold, the applicant, within 30 days, shall convey such fee for each of the unsold units. Such funds shall be used solely and exclusively as a contingency fund for emergencies which may arise relating to open space areas, exterior portions of dwelling units, and such other restoration or repairs as may be assumed by the homeowners' association.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

Applications for condominium conversions shall include the following procedures as they relate to tenant notification:

A.

Notices of Intent. A notice of intent to convert shall be delivered to each tenant at least 60 days prior to filing the application for a use permit and a tentative map. Evidence of the receipt of such notice shall be submitted with the application for conversion. The form of the notice shall be in the form outlined by Section 66452.9 of the California Government Code, and shall contain not less than the following:

1.

The name and address of the current owner;

2.

The name and address of the proposed subdivider;

3.

The approximate date on which the application and tentative map are proposed to be filed;

4.

The approximate date on which the final map or parcel map is to be filed;

5.

The approximate date on which the unit is to be vacated by non-purchasing tenants;

6.

The tenant's rights of:

a.

Purchase;

b.

Notification to vacate; and

c.

Termination of the lease.

7.

A statement of no rent increase;

Provisions for special cases;

9.

The provision of moving expenses and the tenant's right to claim any penalty imposed if timely payment is not made;

10.

The anticipated price range of the units;

11.

The proposed homeowners' association fees;

12.

A statement of the types of financing programs to be made available, including any incentive programs for existing residents; and

13.

A copy of the City's condominium conversion regulations.

B.

Notification to Tenants

1.

Mailing. Two separate stamped, pre-addressed envelopes for each resident of each unit shall be furnished to the Department by the applicant at the time the subdivider submits an application for a use permit for a conversion. The Department shall use one envelope to notify the residents by mailing a copy of the public hearing notice to tenants not less than 10 days prior to the proposed hearing date on the application. The notice shall include notification of the tenant's right to appear and be heard. The second envelope shall be used by the Department to notify the residents of the results of the public hearing by mailing notification of the decision of the Board of Zoning Adjustment not more than 7 days following the Board's action. Failure of the Department to mail such notice shall not invalidate any proceeding or action taken by the City in considering a conversion. The list of names and addresses of the residents of each unit in the conversion project shall be current as of the day of submittal and shall be certified as such by the applicant.

2.

Notices to Prospective Tenants. Commencing 60 days prior to the submittal of the application, any prospective tenants shall be notified in writing by the subdivider of the intent to convert prior to leasing or renting any unit pursuant to Section 66452.8 of the California Government Code.

3.

Posting Notices. The notice of intent shall be posted on-site in at least one location readily visible to tenants.

C.

Tenants' Discounts. Any present tenant of any unit at the time of an application for conversion shall be given a nontransferable right of first refusal to purchase the unit occupied at a discount of the price offered to the general public. The amount of the discount shall be based on the longevity of each tenant, and shall be ratified by the applicant at the time of conversion.

D.

Vacation of Units. Each non-purchasing tenant, not in default under the obligations of the rental agreement or lease under which the subject unit is occupied, shall have not less than 120 days after the date of the tentative map approval by the City or until the expiration of the tenant's lease to find substitute housing and to relocate. Tenants shall be permitted to terminate leases or tenancy with 1 month's notice at any time after a conversion application.

E.

No Increase in Rent. A tenant's rent shall not be increased within 2 months prior to a project application, nor shall the rent be increased for 2 years from the time of the filing of the project application or until relocation takes place.

F.

Special Cases

1.

All non-purchasing tenants 62 years old or older and all non-purchasing medically-proven permanently disabled tenants shall receive a lifetime lease. Rents for such tenants shall not be increased for 2 years after the filing of the project application.

2.

The following non-purchasing tenants shall receive a minimum of 12 months' relocation time, measured from the tentative map approval, to find replacement housing:

a.

Tenants with low or moderate incomes; and

b.

Tenants with minor children in school.

G.

Moving Expenses. The subdivider shall provide moving expenses equal to three times the monthly rent to any tenant, in compliance with all the terms of the subject lease and/or financing, who relocates from the building to be converted after City approval of the use permit authorizing conversion of the units. When the tenant has given notice of his intent to move prior to City approval of the use permit, eligibility to receive moving expenses shall be forfeited.

H.

Relocation Assistance. Relocation assistance shall be provided by the subdivider to non-purchasing tenants for a minimum period of 4 months following the tentative map approval. Information on available rental units in the same general area with costs comparable to the preconverted apartments shall be provided by the subdivider on a calendar quarterly basis. Copies of the list shall be posted on-site, dated, and provided to the Department.

I.

Discrimination. No discrimination in the sale of any unit shall be based on race, color, creed, national origin, sex, or age, and a statement to this effect shall be included in the covenants, conditions, and restrictions. Projects created exclusively for the purpose of providing senior citizen housing shall be exempted from this requirement.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

10.88.080 - Effect of proposed conversions on the city's low- and moderate-income housing supply.

In reviewing requests for the conversion of existing apartments to condominiums, the Board of Zoning Adjustment shall consider the following:

A.

Whether or not the amount and impact of the displacement of tenants, if the conversion is approved, would be detrimental to the health, safety, or general welfare of the community;

B.

The role the apartment structure plays in the existing housing rental market. Particular emphasis will be placed on the evaluation of rental structures to determine if the existing apartment complex is serving lowand moderate-income households;

C.

The need and demand for lower-cost home ownership opportunities which are increased by the conversion of apartments to condominiums.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91, 10-3.2114)

10.88.090 - Bonus for including low- and moderate-income housing.

Consistent with the requirements of Section 65915.5 of the California Government Code, the City shall offer a density bonus or other incentives of equivalent financial value to condominium conversions including low-

or moderate-income housing units or lower-income household units. When an applicant for approval to convert apartments to a condominium project agrees to provide at least thirty three percent (33%) of the total units of the proposed condominium project to persons of low or moderate income, as defined in Section 50093 of the California Health and Safety Code, or fifteen percent (15%) of the total units to lowerincome households, as defined in Section 50079.5 of the California Health and Safety Code, the Planning Commission shall either (1) grant a twenty-five percent (25%) density bonus or (2) provide other incentives of equivalent financial value. Any density bonus or other incentives of equivalent financial value provided under this section shall be governed by the requirements of Chapter 10.94.

A.

For purposes of this section, "density bonus" means an increase in units of 25 percent over the number of apartments to be provided within the existing structure or structures proposed for conversion. "Other incentives of equivalent financial value" shall not be construed to require the City to make any cash transfer payments or other monetary compensation to the subdivider, but may include the reduction or waiver of any required fees or the condominium conversion standards prescribed in Section 10.88.070.

B.

An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus was provided under the provisions of Chapter 10.94.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Amended § 13, Ord. 13-0006, eff. August 1, 2013)

10.88.100 - Findings.

The Board of Zoning Adjustment may approve an application for a condominium conversion if it finds that the proposed conversion meets the following requirements:

A.

That all the provisions of the Subdivision Map Act, this title, and other applicable provisions of this Code are met;

B.

That the proposed conversion is consistent with the General Plan and the adopted Housing Element and any applicable specific plan;

C.

That the proposed conversion will conform to the provisions of this Code in effect at the time of the project approval, except as otherwise provided in this chapter;

D.

That the overall design and physical condition of the condominium conversion achieves a high standard of appearance, quality, and safety;

E.

That the proposed conversion will not displace a significant percentage of low- or moderate-income, permanently or totally disabled, or senior citizen tenants or delete a significant number of low- and moderate- income rental units from the City's housing stock at the time when no equivalent housing is readily available in the Manhattan Beach area;

F.

That the dwelling units to be converted have been constructed and used as rental units for at least 3 years prior to the application for conversion.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

Chapter 10.90 - DEVELOPMENT FEES

There is hereby imposed a fee for art in public places on every residential development of four or more units, and every commercial and industrial building project with a building valuation exceeding five hundred thousand ($500,000) dollars as determined by the Building Official. This fee shall also be imposed upon any remodeling project of existing commercial or industrial buildings and any residential building or complex of four or more units, whether exterior or interior, when the remodeling has a building valuation exceeding two hundred fifty thousand ($250,000) dollars as determined by the Building Official.

(§ 2, Ord. 2040, eff. December 19, 2002)

The fee imposed for Art in Public Places, as provided for in Section 10.90.010 above, shall be a percentage of the building cost which is set aside for the City's Art in Public Places Programs (as defined in the Public Art Master Plan) in an amount equal to one percent (1%) of the total building valuation for the project excluding land acquisition and off-site improvement expenses. The total building valuation shall be computed by the Building Official using the latest Building Valuation Data as set forth by the International Conference of Building Officials (ICBO) unless, in the opinion of the Building Official, a different valuation measure should be used.

(§ 2, Ord. 2040, eff. December 19, 2002)

Any project to which the fee for Art in Public Places must be applied must satisfy the imposition of the fee by making a monetary payment. The applicant shall pay the one percent (1%) fee directly to the appropriate fund designated by the City Finance Director prior to the City issuing building permits.

(§ 2, Ord. 2040, eff. December 19, 2002)

All Art Work purchased or created with funds from the proceeds of fees collected hereunder shall become the property of the City upon acceptance by the City Council.

(§ 2, Ord. 2040, eff. December 19, 2002)

The City Finance Director shall reserve all fees paid hereunder within an appropriate fund designated specifically for said fees to account for any fees for Art In Public Places paid pursuant to this Chapter. This fund shall be maintained by the City Finance Director, and shall be allocated as follows:

Eighty percent (80%) of the Public Arts Fund shall be solely used for project cost. Approximately twenty percent (20%) shall be allocated to administration. (There is no required percentage.)

1.

Project costs include fees for artists' design concepts, the selection, acquisition, purchase, commissioning, placement, installation, exhibition, and display of artworks.

2.

Administration costs include project administration, artist-selection-related cost, architect fee when collaboration is involved, design, drawing, and maquette cost, community education, insurance, maintenance, curatorial services, identifying plaques, documentation, and publicity.

(§ 2, Ord. 2040, eff. December 19, 2002)

Projects to be funded from the proceeds of fees collected hereunder shall consist of works of art placed in public places or incorporated into public buildings, art education programs or art display programs designated by the Cultural Arts Commission and approved or accepted by the City Council.

(§ 2, Ord. 2040, eff. December 19, 2002)

No final City approval, such as building permits, final inspection or a certificate of occupancy, for any project subject to this Chapter shall be granted or issued unless and until full compliance with the Art in Public Places Program is achieved in accordance with the provisions of this Chapter. For purposes of this section "full compliance" shall not be found until the entire program allocation required by this Chapter has been satisfied.

(§ 2, Ord. 2040, eff. December 19, 2002)

Fees paid into the City Art Fund which are not committed to a specific project within five (5) years from the date of actual receipt by the City shall be returned to the then current owner of the development project, with all interest actually earned thereon if a written request for return is filed with the City Clerk at any time during the sixth year after payment. The request for return shall be verified, and include the date of payment, the amount paid and method of payment, the location of the development for which the fee was paid, and a statement that the applicant is the current owner of the development project.

(§ 2, Ord. 2040, eff. December 19, 2002)

Chapter 10.92 - DEVELOPMENT AGREEMENTS

In order to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development, the Legislature of the State of California adopted Section 65864 et seq. of the Government Code, authorizing local governments to enter into development agreements with applicants for development projects. The objective of such an agreement is to provide assurances that, upon approval of the project, the applicant may proceed with the project in accord with existing policies, rules and regulations, subject to the conditions of approval, thus vesting certain development rights in the property. The purpose of this chapter is to establish procedures and requirements for consideration of development agreements by the City consistent with state law.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

An applicant may propose that the City consider entering into a development agreement pursuant to Title 7, Chapter 4, Article 2.5 of the Government Code, commencing with Section 65864., by filing an application with the Community Development Department. The application shall be accompanied by the following:

A.

A proposed agreement, which shall contain the following:

1.

A legal description of the property sought to be covered by the agreement;

2.

A statement of concurrence in the application by the owner if the applicant is not the fee owner;

3.

A description of the proposed uses, height and size of building(s), density or intensity of use, and provision for reservation or dedication of land for public purposes;

A statement of terms and conditions relating to applicant financing of public facilities and required improvements;

5.

All proposed conditions, terms, restrictions, and requirements for subsequent City discretionary actions;

6.

A statement specifying which rights are intended to vest on the effective date of the agreement, and the timing and sequence of subsequent discretionary approvals and vesting of rights;

7.

The proposed time when construction would be commenced and completed for the entire project and any proposed phases; and

8.

The termination date for the agreement.

B.

A map showing the location and street address of the property that is the subject of the amendment and of all lots of record within 500 feet of the boundaries of the property.

C.

A list, drawn from the last equalized property tax assessment roll, showing the names and addresses of the owner of record of each lot within 500 feet of the boundaries of the property. In lieu of utilizing the assessment roll, applicants may submit and the City may use records of the County Assessor, Tax Collector, or the City's contractor for such records. This list shall be keyed to the map required by subsection (B) above. Envelopes or mail labels addressed to these owners also shall be provided for mailing notices.

D.

A statement documenting that the project is consistent with the General Plan and all applicable specific plans.

E.

Such other information as the Community Development Director may require by policy or to satisfy other requirements of law.

F.

The required fee.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; Ord. No. 1891, Amended, 01/06/94)

Unless the project is categorically exempt, the Department shall, at the applicant's expense and in accord with City procedures for implementations of CEQA, undertake environmental review and, upon completion of such review, transmit the application, together with the Department's recommendations to the Planning Commission.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

Upon receipt of an application, the results of the environmental review, and the recommendations of the Department, the Planning Commission shall schedule a public hearing to determine whether the proposal conforms to the General Plan. The Planning Commission hearing shall be scheduled within 6 months following receipt of a complete application, unless the City and the applicant mutually agree to a later date.

Notice of intention to consider the application shall be given as provided in Sections 65090 and 65091 of the Government Code. In addition, if the application is being processed together with the development project, notice of such intention shall be given as required for consideration of the development project.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

After the public hearing is closed, the Commission shall recommend either approval, modification, or disapproval of the proposed development agreement. The Commission shall transmit its recommendation to the City Council within 30 days.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

A.

Upon receipt of the application, the results of the environmental review, and the recommendations of the Department and the Planning Commission, the City Council shall schedule a public hearing on the application. Notice of intention to consider the application shall be given in the same manner as set forth in Section 10.92.040.

B.

If the application is being processed together with the development project, the public hearing on the application may be held concurrently with the hearing on the project.

C.

After the public hearing is closed, the City Council shall approve, modify, or disapprove the proposed development agreement. An agreement shall not be approved unless the City Council makes the following findings:

1.

That the agreement is consistent with the General Plan and with any Specific Plan;

2.

That the agreement is consistent with all provisions of this ordinance, the City Code, and the State Subdivision Map Act;

3.

That the agreement will not be detrimental to the health, safety and general welfare; and will not adversely affect the orderly development of property or the preservation of property values;

4.

That the City Council has considered the effect of the development agreement on the housing needs of the region in which the City is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources.

Any approval of a proposed agreement shall be made by ordinance, which shall authorize the Mayor and the City Manager to sign the agreement on behalf of the City, and shall become effective after 30 days following the second reading, unless a referendum is filed within that time.

D.

No agreement shall be signed by the Mayor and the City Manager until it has been duly signed by the applicant and owner, if the applicant is not the owner. If the applicant has not signed and returned the approved agreement to the Mayor and the City Manager for signing within 30 days of Council approval, said application shall be deemed withdrawn by applicant.

E.

Within 10 days after the Mayor and the City Manager sign a development agreement and the ordinance becomes effective, the City Clerk shall cause a copy thereof to be recorded.

F.

All agreement provisions are subject to modification or suspension as set forth in Title 7, Chapter 4, Article 2.5, of the Government Code, commencing with Section 65864.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

A.

All development agreements shall be reviewed by the Community Development Director at least once every 12 months, unless the agreement provides for more frequent review, in which case the agreement shall prevail.

B.

The purpose of the review shall be to inquire into the good faith compliance of the applicant with the terms and conditions of the agreement and for any other purpose specified in the agreement.

C.

Prior to each review, the Department shall prepare a report relative to all development that has occurred under the agreement subsequent to the last past review and any other matters the Department wishes to bring to the Director's attention.

D.

If the Department review determines that all terms and conditions of the agreement have been met, and the Director concurs in writing, no further review shall be required.

E.

If the Department report recommends modification or termination of the agreement, or if the Community Development Director proposes to make such a recommendation to the City Council, he shall schedule a public hearing before the Planning Commission on the agreement. Notice of intention to modify or terminate the agreement shall be given in the same manner as set forth in Section 10.92.040. At such hearing the applicant shall have the burden of demonstrating his good faith compliance with the terms and conditions of the agreement. After closing the public hearing, the Planning Commission shall determine whether to recommend that the agreement be terminated or modified.

F.

Upon receipt of the Community Development Director's or Planning Commission's recommendation, the City Council shall schedule a public hearing. Notice of intention to modify or terminate the agreement shall be given in the same manner as set forth in 10.92.040. If, after the public hearing is closed, the City Council finds and determines on the basis of substantial evidence that the applicant or its successor in interest has not complied in good faith with the terms and conditions of the agreement, the City Council may modify or terminate the agreement. Any modification or termination is subject to the provisions of Section 10.92.090, below.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

Unless otherwise provided by the development agreement, rules, regulations, and official policies applicable to development of the property subject to a development agreement, shall be those rules, regulations, and official policies in force at the time of execution of the agreement. A development agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth herein, nor shall a development agreement prevent the City from denying or conditionally approving any subsequent development project application on the basis of such existing or

new rules, regulations, and policies. No rights shall be deemed to vest in the applicant, or any other person, under any development agreement, except as expressly set forth in the development agreement.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

Any development agreement may be amended, or canceled in whole or in part, by mutual consent of the applicant (or its successor in interest) and the City, or it may be modified or terminated pursuant to the provisions of Section 10.92.070, above. Notice of intention to take any such action shall be given in the manner provided by Section 10.92.040; provided, however, that the parties may set forth an alternative procedure in the agreement for processing insubstantial amendments. Any significant amendment shall be subject to the provisions of the Government Code, Section 65867.5. Any development agreement which is amended or modified shall be subject to those rules, regulations, and official policies in force at the time of the execution of the agreement.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

The Community Development Director shall prepare and adopt such application forms, check-lists, and other documents as considered necessary and desirable to implement these procedures and requirements.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

Chapter 10.94 - AFFORDABLE HOUSING DENSITY BONUS AND INCENTIVE PROGRAM

10.94.010 - General affordable housing provisions.

A.

State Law Governs. The provisions of this chapter shall be governed by the requirements of Government Code Section 65915, as that statute is amended from time-to-time. Where conflict occurs between the provisions of this chapter and State law, the State law provisions shall govern, unless otherwise specified.

B.

Compatibility. All affordable housing units shall be dispersed within market-rate projects whenever feasible. Affordable housing units within market-rate projects shall be comparable with the design and use of market-rate units in appearance, use of materials, and finished quality. The design and appearance of the affordable housing units shall be compatible with the design of the total housing project and consistent with the surrounding neighborhood. Forms, materials and proportions that are compatible with the character of the surroundings shall be used.

C.

Availability. All affordable housing units shall be constructed concurrently with, and made available for qualified occupants at the same time as, the market-rate housing units within the same project unless both

the City and the developer agree in the affordable housing agreement to an alternative schedule for development.

D.

Affordable Housing Agreement. An affordable housing agreement shall be made a condition of the planning permits for all projects granted a density bonus, pursuant to this chapter. The agreement shall be recorded as a restriction on the parcel or parcels on which the affordable housing units will be constructed. The agreement shall be consistent with Section 10.94.050(D), affordable housing agreement required.

E.

Median Income Levels. For the purpose of determining the income levels for households under this chapter, the City shall use the Los Angeles County income limits found in Title 25, Section 6932 of the California Code of Regulations, and regularly updated and published by the State Department of Housing and Community Development, or other income limits adopted by the City Council if the State Department of Housing and Community Development fails to provide regular updates.

F.

Effect of Granting Density Bonus. The granting of a density bonus shall not, in and of itself, be interpreted to require a general plan amendment, zoning change, or other discretionary approval.

(§ 14, Ord. 13-0006, eff. August 1, 2013)

10.94.020 - State affordable housing density bonus.

A.

Density Bonus. Pursuant to Government Code Section 65915, the City shall grant a density bonus in the following amounts over the otherwise allowable maximum residential density permitted by this chapter and the General Plan, and at least one (1) or more of the affordable housing Incentives, as set forth in Section 10.94.040 ("affordable housing concessions and incentives"), if the applicant agrees or proposes to construct any one (1) of the following:

1.

Lower Income Units. A density bonus of twenty percent (20%) if ten percent (10%) of the total units of a housing development are target units affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code.

2.

Very Low Income Units. A density bonus of twenty percent (20%), if five percent (5%) of the total units of a housing development are Target Units affordable to very low income households, as defined in Section 50105 of the Health and Safety Code.

Senior Citizen Housing Development. A density bonus of twenty percent (20%), if a housing development qualifies as a senior citizen housing development, as defined in Section 51.3 of the Civil Code.

4.

Moderate Income Units in Condominium and Planned Unit Developments. A density bonus of five percent (5%) if ten percent (10%) of the total dwelling units in a condominium project, as defined in subdivision (f) of, or in a planned development, as defined in subdivision (k) of Section 1351 of the Civil Code, are Target Units affordable to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code.

5.

Housing Accompanied by Land Donation. A density bonus of fifteen percent (15%), if a housing developer agrees to donate land to the City, subject to the requirements of Section 10.94.060 ("density bonuses for housing developments accompanied by land donation").

B.

Applicability. The provisions of subsection A shall be applicable to residential projects of five (5) or more units, and senior citizen housing developments of at least thirty-five (35) units.

C.

Calculation of Density Bonuses.

1.

Density Bonus Units. When calculating the number of permitted density bonus units, all fractional units shall be rounded up to the next whole number. The density bonus shall not be included when determining the number of target affordable or senior housing units to be provided in a development project;

2.

Sliding Scale for Greater Density Bonus. An applicant is entitled to receive a bonus larger than the percentages specified in subsection A if the percentage of affordable housing exceeds the percentages specified in subsection A, subject to the following provisions:

a.

Lower Income Dwellings. For each additional one percent (1%) increase above ten percent (10%) in the proportion of units affordable to lower income households, the density bonus shall be increased by one and one-half percent (1.5%) up to a maximum of thirty-five percent (35%) of the maximum allowable residential density for the site.

b.

Very Low Income Dwellings. For each additional one percent (1%) increase above five percent (5%) in the proportion of units affordable to very low income households, the density bonus shall be increased by two

and one-half percent (2.5%) up to a maximum of thirty-five percent (35%) of the maximum allowable residential density for the site.

c.

Condominium and Planned Unit Developments. For each additional one percent (1%) increase above ten percent (10%) in the proportion of units affordable to moderate income households in condominium and planned unit developments, the density bonus shall be increased by one percent (1%) up to a maximum of thirty-five percent (35%) of the maximum allowable residential density for the site.

d.

Housing Accompanied by Land Donation. For each additional one percent (1%) increase above the minimum ten percent (10%) land donation described in Section 10.94.060 ("density bonuses for housing developments accompanied by land donation"), the density bonus shall be increased by one percent (1%), up to a maximum of thirty-five percent (35%) of the maximum allowable residential density for the site.

D.

Applicant May Request Smaller Density Bonus. Notwithstanding the foregoing, the City may award a smaller density bonus than specified in this section if the applicant so requests.

(§ 14, Ord. 13-0006, eff. August 1, 2013)

10.94.030 - State childcare facility density bonus.

A.

Density Bonus. When an applicant proposes to construct a housing development that conforms to the requirements of Section 10.94.020(A) ("density bonus"), and includes a childcare facility other than a family day care home that will be located on the premises of, as part of, or adjacent to, the project, the City shall grant either of the following:

1.

Additional Density Bonus. A density bonus of additional residential units equal in square footage to the amount of square feet of the childcare facility, or

2.

Additional Concession or Incentive. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.

B.

Conditions of Approval. The City shall require as a condition of approving the housing development that the following occur:

Length of Operation. The childcare facility remains in operation for a period of time that is as long as, or longer than, the length of time during which Section 10.94.050(B) ("duration of affordability of rental units") requires that the affordable housing units remain affordable.

2.

Attending Children. The percentage of children of very low, low or moderate income households who attend the childcare facility shall be the same or greater than the percentage of dwelling units in the project that are required for households at each income level, pursuant to Section 10.94.030(A) ("density bonus").

C.

Exceptions. The City shall not be required to provide a density bonus or concession for a childcare facility if it finds that, based upon substantial evidence, the community has adequate childcare facilities.

(§ 14, Ord. 13-0006, eff. August 1, 2013)

A.

Number of Incentives or Concessions. In addition to a density bonus, an applicant is entitled to receive incentives or concessions as follows:

1.

One (1) incentive or concession for projects that include at least ten percent (10%) of the total units for lower income households, at least five percent (5%) for very low income households, or at least ten percent (10%) for persons and families of moderate income in a condominium or planned development, or

2.

One (1) incentive or concession for senior citizen housing developments, or

3.

Two (2) incentives or concessions for projects that include at least twenty percent (20%) of the total units for lower income households, at least ten percent (10%) for very low income households, or at least twenty percent (20%) for persons and families of moderate income in a condominium or planned development, or

4.

Three (3) incentives or concessions for projects that include at least thirty percent (30%) of the total units for lower income households, at least fifteen percent (15%) for very low income households, or at least thirty percent (30%) for persons and families of moderate income in a condominium or planned development.

B.

Proposal of Incentives and Findings. An applicant may propose specific incentives or concessions that would contribute significantly to the economic feasibility of providing affordable units pursuant to this chapter and state law. In addition to any increase in density to which an applicant is entitled, the City shall grant one or more incentives or concessions that an applicant requests, up to the maximum number of incentives and concessions required pursuant to subsection A, unless the City makes a written finding that either:

1.

The concession or incentive is not necessary in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Government Code Section 65915(c), or

2.

The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households, or

3.

The concession or incentive would be contrary to state or federal law.

C.

Types of Incentives. Incentives provided pursuant to this chapter may consist of any combination of the items listed below. In addition to the incentives listed, the City may allow for fast track and priority processing for a project with affordable housing.

1.

Modification of Development Standards. Up to twenty percent (20%) in modification of site development standards or zoning code requirements that exceeds minimum building code standards and fire code standards, including, but not limited to:

a.

Reduced minimum lot sizes and/or dimensions.

b.

Reduced minimum building setbacks and building separation requirements.

c.

Reduced minimum outdoor and/or private outdoor living area requirements.

d.

Increased maximum lot coverage.

e.

Increased building height.

2.

Reduced Parking.

a.

Upon the applicant's request, the City shall allow a reduction in required parking, excluding handicapped parking. For a development that receives a density bonus pursuant to this chapter, the City shall not require a parking ratio that exceeds the following:

i.

One (1) on-site space for zero (0) to one (1) bedroom units;

ii.

Two (2) on-site spaces for two (2) to three (3) bedroom units;

iii.

Two and one-half (2.5) spaces for four (4) or more bedroom units.

b.

If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.

c.

At the applicant's request, tandem parking may be counted toward meeting these parking requirements.

3.

Mixed Use Zoning. Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial or other land uses will reduce the cost of the housing development and such uses are compatible with the housing project and the surrounding area.

4.

Other Incentives. Other regulatory incentives or concessions proposed by the developer or the City that result in identifiable cost reductions or avoidance.

D.

Additional Incentives. The City may allow for additional affordable housing incentives to be granted on a case-by-case basis, when requested by an applicant when more than fifty percent (50%) of the affordable housing units provided contain three (3) or more bedrooms to meet the needs of large families.

(§ 14, Ord. 13-0006, eff. August 1, 2013)

A.

Application and Review Process. A preliminary review of development projects proposed pursuant to this chapter is encouraged to identify potential application issues, including proposed modifications to development standards. The applicant shall request in the application the incentives the applicant wishes to obtain. The application shall include financial data showing how the incentives are necessary to make the affordable units feasible. Applications shall be reviewed and processed according to the provisions of Chapter 10.12 ("residential districts").

B.

Duration of Affordability of Rental Units. All lower income and very low income housing units shall be kept affordable for a minimum period of thirty (30) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program, consistent with state law.

C.

Definition of Affordability. Those units targeted for lower income households as defined in Section 10.94.020 ("state affordable housing density bonus"), shall be affordable at a rent that does not exceed thirty percent (30%) of sixty percent (60%) of the area median income. Units targeted for very low income households shall be affordable at a rent that does not exceed thirty percent (30%) of fifty percent (50%) of area median income. Units targeted for moderate income households shall be affordable at a rent that does not exceed thirty-five percent (35%) of one hundred ten percent (110%) of area median income. Median income levels shall be the income limits for Los Angeles County households as provided for in Section 10.94.010.E ("median income levels").

D.

Affordable Housing Agreement Required. All affordable housing projects shall be subject to the approval of an affordable housing agreement conforming to the provisions of Title 7, Division 1, Chapter 4, Article 2.5 of the Government Code, which shall be recorded as a covenant on the title to the Property. The terms of the agreement shall be reviewed and revised as appropriate by the Director and/or City Attorney, who shall formulate a recommendation to the Planning Commission for final approval. This agreement shall include, but is not limited to, the following:

1.

Number of Units. The total number of units approved for the projects, including the number of affordable housing units.

2.

Target Units. The location, unit sizes (in square feet) and number of bedrooms of the affordable housing units.

3.

Target Group. A description of the household income groups to be accommodated by the project and a calculation of the affordable rent or sales price, or a commitment to provide a senior citizen housing development.

4.

Certification Procedures. The party responsible for certifying rents or sales prices of inclusionary units, and the process that will be used to certify renters or purchasers of such units.

5.

Schedule. A schedule for the completion and occupancy of the affordable housing units.

6.

Remedies for Breach. A description of the remedies for breach of the Agreement by either party.

7.

Required Term of Affordability. For lower income and very low income units, duration of affordability of the housing units, pursuant to Section 10.94.050(B) ("duration of affordability of rental units"). Provisions should also cover resale control and deed restrictions on targeted housing units that are binding on property upon sale or transfer, in accordance with the requirements of Government Code Section 65915.

8.

Expiration of Agreement. Provisions covering the expiration of the agreement, including notice prior to conversion to market rate units and right of first refusal option for the City and/or the distribution of accrued equity for for-sale units.

9.

Other Provisions. Other provisions to ensure implementation and compliance with this chapter and state law.

10.

Condominium and Planned Unit Developments. In the case of condominium and planned unit developments, the affordable housing agreement shall provide for the following conditions governing the initial sale and initial resale and use of affordable housing units:

a.

Target units shall, upon initial sale, be sold to eligible very low, lower, or moderate income households at an affordable sales price and housing cost, or to qualified residents as defined by this chapter.

b.

Target units shall be initially owner-occupied by eligible very low, lower, or moderate income households.

c.

Upon resale, the seller of a target unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The City shall recapture its proportionate share of appreciation, which shall be used to promote home ownership opportunities as provided for in Health and Safety Code Section 33334.2. The City's proportionate share shall be equal to the percentage by which the initial sale price to the targeted household was less than the fair market value of the dwelling unit at the time of initial sale.

11.

Rental Housing Developments. In the case of rental housing developments, the affordable housing agreement shall provide for the following conditions governing the use of target units during the use restriction period:

a.

The rules and procedures for qualifying tenants, establishing affordable rent rates, filling vacancies, and maintaining target units for qualified tenants.

b.

Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter.

c.

Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying target units, and which identifies the bedroom size and monthly rent or cost of each target unit.

E.

Notice of Conversions. Notice of conversions of affordable units to market-rate units shall be provided pursuant to the following requirements:

1.

General. At least a one (1) year notice shall be required prior to the conversion of any rental units for affordable households to market-rate.

Required Notice. Notice shall be given to the following:

a.

The City;

b.

The State Housing and Community Development Department (HCD);

c.

The Los Angeles County Housing Authority;

d.

The residents of the affordable housing units proposed to be converted; and

e.

Any other person deemed appropriate by the City.

F.

Conversion of Affordable Rental Units. If an owner of a housing development issues a notice-of-intent to convert affordable housing rental units to market-rate housing, the City shall consider taking one (1) or more of the following actions:

1.

Meet with the owner to determine the owner's financial objectives;

2.

Determine whether financial assistance to the current owner will maintain the affordability of the rental housing development or whether acquisition by another owner dedicated to maintaining the affordability of the development would be feasible; and

3.

If necessary to maintain the affordability of the housing unit or facilitate sale of the rental development, consider the use of assistance in accessing state or federal funding.

(§ 14, Ord. 13-0006, eff. August 1, 2013)

The City shall grant a density bonus pursuant to Section 10.94.020 ("state affordable housing density bonus") to a housing development if the applicant agrees to donate land to the City and the applicant satisfies all of the following requirements:

A.

The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application;

B.

The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than ten percent (10%) of the number of residential units of the proposed development;

C.

The transferred land is at least one (1) acre in size or of sufficient size to permit development of at least forty (40) units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure, as determined by the Director;

D.

The transferred land has appropriate zoning and development standards to make the development of the affordable units feasible, as determined by the Director;

E.

Prior to the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land has all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, except that the City may subject the proposed development to subsequent design review if the design is not reviewed by the City prior to the time of transfer;

F.

The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units meeting the requirements of an affordable housing agreement as set forth in Section 10.94.050(D) ("affordable housing agreement required");

G.

The land is transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to the developer; and

H.

The transferred land is within the boundary of the proposed development or, if the City agrees, within onequarter (¼) mile of the boundary of the proposed development.

(§ 14, Ord. 13-0006, eff. August 1, 2013)