Article 50 — HISTORIC PRESERVATION ORDINANCE

The purpose of this Article is to promote the public health, safety and general welfare by providing for the identification, designation, protection, enhancement, perpetuation and use of historic resources that reflect themes important in the City’s heritage and to:

a) Safeguard and enhance the City’s architectural, cultural and historic heritage by recognizing that its historic landmarks and historic districts are an important part of both the past and future of the City;

b) Foster civic and neighborhood pride and a sense of identity based on the recognition of the City’s past accomplishments as reflected through its districts, buildings, structures, objects, landscaping, natural features, infrastructure, and engineering;

c) Promote participation in the rehabilitation, adaptive reuse, restoration, maintenance, and continued vitality of historic landmarks and historic districts, and to recognize their contribution to the unique fabric of the City;

d) Promote public education and awareness by preserving and encouraging interest in the City architectural, cultural and social history;

e) Protect historic resources, which include historic landmarks, historic districts, and contributing resources in historic districts, as a means to maintain neighborhood character and enhance the City’s attraction to residents, tourists and visitors, thus stimulating local business and industry;

f) Enhance property values, stabilize neighborhoods and/or communities, and render properties eligible for financial benefits;

g) Balance the rights of owners of historic properties and owners of properties adjacent to historic landmarks and in historic districts;

h) Codify the procedures and criteria for designation of historic landmarks and historic districts, as well as the processes and standards for reviewing proposed demolitions, alterations, and additions to historic resources;

i) Identify financial and other incentives that are intended to encourage owners of historic resources to designate, maintain, reuse, rehabilitate and improve historic landmarks and historic districts;

j) Encourage preservation and adaptive reuse of historic resources by allowing changes to accommodate new functions as well as compatible new design so as not to "freeze" historic resources in time;

k) Promote the conservation of energy, material, and natural resources through the preservation and maintenance of historic resources; and

l) Encourage the integration of historic preservation into the City’s planning process, and provide technical assistance within the City government.

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

b) "Alteration" means any physical modification or change to a building, structure, site, object or historic district that may affect character-defining features of the historic resource, including additions but excluding ordinary maintenance and repair.

c) "Building" means a house, office, hotel, garage, school, church or similar construction that is created principally to shelter any form of human activity.

d) "California Environmental Quality Act" means the California Public Resources Code Section 21000 et seq. as it may be amended. The California Environmental Quality Act may also be referred to in this Article as "CEQA."

e) "California Historical Building Code" means the California Historical Building Code as contained in Part 8 of Title 24 (California Building Standards Code) of the California Code of Regulations, as it may be amended from time to time.

f) "California Register of Historical Resources" means the authoritative guide to California’s significant historical and archaeological resources as defined in California Public Resources Code Section 5020.1 as it may be amended from time to time.

g) "Certificate of appropriateness" means the certificate required prior to undertaking work or improvements on a historic landmark, or a contributing resource or noncontributing resource within a historic district.

h) "Certificate of demolition" means the certificate required prior to undertaking work to demolish a historic landmark or contributing resource.

i) "Certificate of economic hardship" means the certificate required to establish a hardship exists for a specified historic landmark or contributing resource.

j) "Certified local government" (CLG) means a local government that has been certified by the National Park Service to carry out the purposes of the National Historic Preservation Act of 1966.

k) "Character-defining features" 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; roof forms; exterior cladding and trim; architectural style; windows, doors, and other openings; materials; finishes; decorative detailing and ornament; site features and relationship to neighboring properties; and landscaping elements such as nonpaved areas, walkways, steps, and other circulation, fencing, fountains, lighting, etc.

l) "Commission" means the Historic Preservation Commission.

m) "Compatible" means similar in principles of massing, bulk, scale, proportion, composition, placement, ornament, character, and other defining features, regardless of style.

n) "Contributing resource" means a property, including all buildings, structures, objects, and character-defining features located on it, that adds or contributes to the significance and character of a historic district, constructed within its period of significance, and satisfies all of the requirements for designation under this Article.

o) "Cultural landscape" means a geographic area, including both cultural and natural resources and the wildlife or domestic animals therein, associated with a historic event, activity, or person or exhibiting other cultural or aesthetic values. There are four (4) general types of cultural landscapes: historic sites, historic designed landscapes, historic vernacular landscapes, and ethnographic as defined in the National Park Service’s Preservation Brief 36: Protecting Cultural Landscapes.

p) "Demolition" or "demolish" means the partial or full removal of any building, structure, or site. See "full demolition" and "partial demolition."

q) "Full demolition" means demolition that involves fifty percent (50%) or more of the exterior wall area or building floor area of the historic landmark or contributing resource.

r) "Geographic district" means a historic district that is a geographic area having a significant concentration, linkage, or continuity of sites, buildings, structures, objects, or character-defining features united historically or aesthetically by plan or physical development. A geographic historic district may contain both contributing resources and noncontributing resources, depending on whether the property or feature adds or does not add to the qualities, associations, and values of the historic district.

s) "Historic district" or "district" means a geographic or thematic district that has been designated by the Historic Preservation Commission pursuant to this Article and is listed in the Torrance Register of Historic Resources. In either type, the district possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects that collectively have a special character or special historic, cultural, architectural, archaeological, community or aesthetic value, or represent one (1) or more architectural periods or styles typical to the history of the City. The resources may or may not have individual merit, but rather are significant because of qualification in a district.

t) "Historic landmark" means any property, including any building, structure, object, site, cultural landscape, sign, or natural feature located on it, that has been designated by the Historic Preservation Commission pursuant to this Article and is listed in the Torrance Register of Historic Resources. In addition, any interior space or spaces of a landmark that is or was regularly open or accessible to the general public, or to which the public is or was regularly invited, including, but not limited to, a lobby area, restaurant areas, theaters and banks, may be included in the property’s landmark designation.

u) "Historic resource" means a historic landmark or historic district listed in the Torrance Register of Historic Resources, as well as a contributing resource in a Torrance Register Historic District. "Historic resource" shall also include those properties specified as a historic resource by CEQA, by the CEQA guidelines, or by any other provision of California law.

v) "In-kind" means the restoration or replacement of a material in the likeness of what was original to the feature.

w) "Integrity" means the ability of a historic resource 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. Integrity is not synonymous with condition; condition comes into consideration when there is a substantial loss of historic material or other character-defining features. There are seven (7) aspects or qualities to consider when evaluating for integrity; a historic resource will possess several aspects especially those most related to its significance:

• 1. Location: The place where the historic property was constructed.
• 2. Design: The combination of elements that create the form, plans, space, structure and style of the property.
• 3. Setting: Addresses the physical environment of the historic property inclusive of the landscape and spatial relationships of the building(s).
• 4. Materials: The physical elements that were combined or deposited during a particular period of time and in a particular pattern of configuration to form the historic property.
• 5. Workmanship: The physical evidence of the crafts of a particular culture or people during any given period in history.
• 6. Feeling: The property’s expression of the aesthetic or historic sense of a particular period of time.
• 7. Association: The direct link between an important historic event or person and a historic property.

x) "Landscape" means natural or design area of land characterized by its spatial organization, land pattern, topography, circulation, water features, vegetation, structures, site furnishings, and objects.

y) "Mills Act" means the California Government Code Section 50280 et seq., as it may be amended from time to time.

z) "National Register of Historic Places" means the official inventory of districts, sites, buildings, structures and objects significant in American history, architecture, archeology and culture which is maintained by the Secretary of the Interior under the authority of the Historic Sites Act of 1935 and the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq., 36 C.F.R. Sections 60, 63).

aa) "Natural feature" means any naturally occurring tree, plan, plant community or geographical or geological site or feature.

bb) "Nomination" means a nomination for designation and placement of a property or area on the Torrance Register of Historic Resources.

cc) "Noncontributing resource" means any building, structure, object, site, sign, area, place, or natural features within a historic district that does not contribute to the significance or character of the historic district because it does not retain sufficient integrity or was constructed outside the historic district’s period of significance. dd) "Object" is used to distinguish from buildings and structures those constructs that are primarily artistic in nature or are relatively small in scale and of simple construction. Although it may be, by nature or design, movable, an object is associated with a specific setting or environment. Fountains and sculpture are examples of objects.

ee) "Ordinary maintenance and repair" means any work as outlined in Section 91.50.150(a).

ff) "Owner" means any person(s), association, partnership, firm, corporation, or public entity identified as the holder of title on any property. For purposes of this Article, the term owner shall also refer to an appointed representative or authorized agent of an association, partnership, firm, corporation, or public entity which is a recorded owner. Absent contrary evidence, the owner shown on the latest assessment roll of the County of Los Angeles shall be presumed to be the owner.

gg) "Partial demolition" means demolition that involves less than fifty percent (50%) of the exterior wall area and building floor area of the primary building, and demolition of other features on the property.

hh) "Period of significance" means the date or span of time when the historic resource was associated with the significant event, pattern of history or persons, or attained the character-defining features that qualify it for listing in the Torrance Register of Historic Resources.

ii) "Preservation" means the act or process of applying measures necessary to sustain the existing form, integrity, and materials of a historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction, and shall follow the Secretary of the Interior’s Standards for Preservation.

jj) "Qualified historic preservation professional" means a professional who meets the Secretary of the Interior’s Professional Qualification Standards in architectural history, historic architecture, historic preservation, historic preservation planning, architecture, or relevant field, such as historic landscape architecture for landscape.

kk) "Qualified historical properties" means a historic landmark or contributing resources for the purpose of applying the California Historical Building Code.

ll) "Reconstruction" means the act or process of depicting, by means of new construction, the exact form, features, and detailing of a nonsurviving site, landscape, building, structure, or object, or a part thereof, for the purpose of replicating its appearance at a specific period of time and in its historic location. Reconstruction shall be based on sufficient physical, photographic, or other evidence and follow the Secretary of the Interior’s Standards for Reconstruction.

mm) "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 character-defining features that convey its historical, cultural, or architectural values, and shall follow the Secretary of the Interior’s Standards for Rehabilitation.

nn) "Resource" means any building, structure, object, site, feature, characteristic, appurtenance, landscape, landscape plan or improvement.

oo) "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, and shall follow the Secretary of the Interior’s Standards for Restoration.

pp) "Secretary of the Interior’s Standards" means the Secretary of the Interior’s Standards for Treatment of Historic Properties found at 36 C.F.R. 68.3, as it may be amended from time to time. The Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings associated with the Secretary of the Interior’s Standards offer general design and technical recommendations to assist in applying the standards to a specific property.

qq) "Sign" means a display board, screen, structure, object or part thereof, used to announce, declare, demonstrate, display or otherwise advertise and attract the attention of the public to any business, service or product provided on the premises upon which such sign is placed, other than:

• 1. Official notices authorized by a court, public body or public officer; and
• 2. Directional, warning or information signs authorized by Federal, State or municipal authority.

rr) "Site" means the location of a significant event, a prehistoric or historic occupation or activity, or a building, structure, or object, whether standing, ruined or vanished, where the location itself possesses historic, cultural, or archaeological value regardless of the value of any existing construction.

ss) "State Historical Building Code" means the California Historical Building Code.

tt) "Structure" means those functional constructions made usually for purposes other than creating human shelter, such as, bridges, canals, dams, highways, tunnels, etc.

uu) "Survey" means a systematic and standardized process for identifying and gathering data on resources that have the potential to become historical landmarks as well as areas, neighborhoods, and resources that, due to the concentration or linkages, have the potential to be historic districts. Surveys may be conducted by or on behalf of the City, or by qualified historic preservation professionals, and should be conducted in accordance with the standards set forth by the California Office of Historic Preservation.

vv) "Thematic district" means a compilation of sites, buildings, structures, or objects that are not geographically linked, but rather are linked by similar characteristics that can be clearly articulated. For example, they may be related to a single historic person, event, or developmental force; of one building type or use, or designed by a single architect; of a single archaeological site form, or related to a particular set of archaeological research problems. It is expected that all properties in the district will be contributing resources and each will have sufficient integrity.

ww) "Torrance Register of Historic Resources" means a register containing those properties and geographical areas formally designated by the Commission as historic landmarks or historic districts pursuant to this Article. The most recent version of the register shall be published on the City’s official website, and a copy of it shall be available for review in the City Clerk’s office.

The Historic Preservation Commission may designate a property or area if it meets the requirements of this Article.

a) The Torrance Register of Historic Resources is hereby created. The register is a list of locally designated historic landmarks and historic districts, including the contributing resources in historic districts. Properties listed on the local register may be identified on site with an exterior marker or plaque displaying pertinent information about the property. A record of properties on the local register shall be kept by the City.

b) Eligibility. To be eligible for designation as a landmark or historic district in the Torrance Register of Historic Resources, a property or area shall meet one (1) or more of the following requirements below:

• 1. Listed in the California Register and National Register, if the property has not undergone substantial exterior alteration since its designation and retains integrity;
• 2. Identified as eligible in a survey adopted by the Torrance City Council;

3. Determined by a qualified historic preservation professional through a historic assessment to meet at least one (1) or more of the criteria outlined in Section 91.50.050 or 91.50.060.

a) Significance. A property may be designated by the Historic Preservation Commission pursuant to Section 91.50.070 as a historic landmark if:

1. It is associated with events that have made a significant contribution to the broad patterns of local, regional, state, or national history, or the cultural heritage of the City, California, or the United States;

2. It is 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 type, period, style, or method of construction;
• 4. It is representative of the work of a master;
• 5. It possesses high artistic or aesthetic values;
• 6. It has yielded or has the potential to yield information important to the prehistory or history of the City, region, State, or nation;
• 7. It is among the last, best remaining examples of an architectural or historical type or specimen.

b) Integrity. In addition to having significance, a property or area must demonstrate integrity for the time period in which it is significant. Integrity is defined by seven (7) aspects: 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.

a) Significance. A historic district may be designated by the Historic Preservation Commission pursuant to Section 91.50.080 if it meets one (1) or more of the criteria outlined in Section 91.50.050(a), or one (1) of the following criteria:

1. Reflects significant growth patterns, including those associated with different areas of settlement and growth, transportation modes, or distinctive examples of park or community planning;

• 2. Conveys a sense of architectural cohesiveness through its design, setting, materials, workmanship, or association;
• 3. Related thematically as a grouping unified aesthetically or historically.

b) Integrity. Historic districts also shall possess a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development from a specific time period. In addition:

1. For a geographic district, at least sixty-six percent (66%) of the properties in the district shall be contributing resources in order to have sufficient integrity. Contributing resources shall be from the district’s period of significance and have integrity per Section 91.50.050(b).

2. For thematic districts, it is expected that all properties in the district will be contributing resources and each will have sufficient integrity per Section 91.50.050(b).

a) Initiation of Designation. Any person or group, including the City, may initiate the designation of a historic landmark with the owner’s consent by submitting an application to the Community Development Department. A written application shall be completed on a form provided by the City and shall include all required information, the owner’s signature, and payment of applicable fees. Applications initiated by the City Council or the Historic Preservation Commission shall direct the Community Development Director to oversee and ensure the application is completed.

b) Initial Application Review. All applications filed with the Community Development Director shall be initially processed as follows:

1. Completeness Review. Within thirty (30) days after the filing, the Community Development Director shall review the application materials and determine whether the application is complete. The application shall include sufficient architectural, cultural, and historic information to establish that the property is eligible for designation. If the application is determined to be incomplete, the Community Development Director shall promptly inform the applicant in writing of the missing information. The effective date for the application shall be the day the application is deemed complete. No permits shall be issued from the effective date for any activities that would require a certificate of appropriateness or certificate of demolition, including exterior alterations, rehabilitations, additions, demolitions, or relocation, except to stabilize imminent hazardous or emergency conditions, until the Commission has made a decision.

2. Designation Report. The Community Development Director shall prepare a designation report, which shall discuss whether or not sufficient evidence exists to support a finding that all of the applicable requirements for designation as a historic landmark can be met, and include a boundary map and legal description of the proposed designation. If the Community Development Director recommends designation, the property’s character-defining architectural, site, and landscape features shall be identified. The designation report shall be forwarded to the Historic Preservation Commission, applicant, and the owner prior to the Commission hearing.

c) Commission Hearing and Notice. Once the application has been deemed complete, the Community Development Director shall set a date, time and place for the next available Historic Preservation Commission meeting and shall send notice thereof to the owners of land included within a five hundred (500) foot radius of the exterior boundaries of the land for which the permit is sought as shown on the last equalized assessment roll. The Historic Preservation Commission may conduct said hearing in an informal manner. The rules of evidence shall not apply. The hearing may be adjourned to a future time at the discretion of the Historic Preservation Commission without the giving of further notice, other than announcement by the Commission of the date, time and place of such adjourned meeting at the time of said adjournment.

oll. The Historic Preservation Commission may conduct said hearing in an informal manner. The rules of evidence shall not apply. The hearing may be adjourned to a future time at the discretion of the Historic Preservation Commission without the giving of further notice, other than announcement by the Commission of the date, time and place of such adjourned meeting at the time of said adjournment.

d) Commission Findings. The Historic Preservation Commission shall review the application and designation report, make findings of fact, and adopt a resolution to approve in whole or in part or disapprove the application for designation. The findings shall contain the following information:

1. Explanation of how the property under consideration meets or does not meet the applicable criteria in Section 91.50.060;

2. Explanation of the integrity or lack of integrity of the property under consideration;

• 3. Identification of the character-defining exterior architectural, site or landscaping features of the property under consideration.

a) Initiation of Designation. The City or any owner within a proposed historic district may initiate the designation of a geographic area or grouping of resources as a historic district by submitting an application to the Community Development Department. The application shall include all required information and payment of applicable fees.

1. The application shall be accompanied by:

A) A survey with a map of the proposed boundaries, the contributing and noncontributing resources identified, and a historic context summary. At least sixty-six percent (66%) of the properties within the boundaries shall be contributing.

B) A petition of one hundred percent (100%) of property owners within proposed boundaries.

2. For purposes of the petition requirement, each parcel must have the signature of the property owner or one (1) signature from the authorized agent if there are multiple owners but only one (1) signature shall be counted per parcel for purposes of calculating the one hundred percent (100%) required. By way of example only, if the proposed historic district were composed of twenty (20) parcels, then the owners of twenty (20) parcels would be required to consent to the designation.

3. Applications initiated by the City Council or the Historic Preservation Commission shall direct the Community Development Director to oversee and ensure the application is completed.

b) Initial Application Review. The process shall be the same as outlined above for historic landmark designation pursuant to Section 91.50.070, except:

1. Completeness Review. Within thirty (30) days after the filing, the Community Development Director shall review the application materials and determine whether the application is complete or whether additional information is required. The application shall include a historic context statement or sufficient architectural, cultural, and historic information to establish that the proposed historic district meets the designation criteria in this Article.

2. If the application is determined to be incomplete, the Community Development Director shall promptly inform the applicant in writing of the missing information. The effective date for the application shall be the day the application is deemed complete. No permits for any properties within the proposed district boundaries shall be issued from the effective date for any activities that would require a certificate of appropriateness or certificate of demolition, including exterior alterations, rehabilitations, additions, demolitions, or relocation, except to stabilize imminent hazardous or emergency conditions, until the Commission has made a decision.

rmits for any properties within the proposed district boundaries shall be issued from the effective date for any activities that would require a certificate of appropriateness or certificate of demolition, including exterior alterations, rehabilitations, additions, demolitions, or relocation, except to stabilize imminent hazardous or emergency conditions, until the Commission has made a decision.

3. Designation Report. The Community Development Director shall prepare a designation report, which shall discuss whether or not sufficient evidence exists to support a finding that all of the applicable requirements for designation as a historic district can be met. A boundary map of the proposed historic district and a list of the contributing and noncontributing resources within the historic district including parcel numbers shall be included. The designation report shall be forwarded to the Historic Preservation Commission and applicant, and made available to the owners within the proposed historic district prior to the Commission hearing. The findings shall contain the following information:

A) How the district meets the criteria and integrity thresholds for designation;

B) Percent of contributing resources;

C) Percent of owner signatures on the petition;

D) If the designation is recommended, the proposed historic district’s character-defining features, including architectural, site, and landscape features and patterns, such as street layout, setbacks, building massing and scale, architectural styles, natural features and other distinct physical features or spatial relationships, shall be listed.

c) Commission Preliminary Hearing and Notice. Upon completion of the designation report, the Community Development Director shall set a date, time and place for a preliminary hearing before the Historic Preservation Commission at their next available meeting to determine whether the proposed historic district merits formal consideration for nomination by the Commission.

1. The public hearing shall be noticed per the procedure outlined in Section 91.50.070(c).

2. Commission Findings. The Historic Preservation Commission shall determine whether sufficient evidence exists to conclude that the geographical area or thematic properties satisfy all applicable designation criteria, and if so, whether the area or properties merit formal consideration for nomination. If, based on the Community Development Director’s preliminary evaluation and any other evidence provided to the Commission at or prior to the hearing, the Commission determines that sufficient evidence exists and the area or properties merit formal consideration, it shall direct the Community Development Director to initiate balloting for owner consent and schedule a public hearing before the Commission to consider nomination once the ballot results have been completed. If the Commission determines that sufficient evidence does not exist, or the area or properties do not merit formal consideration, that shall be a final action of the Commission, which is appealable pursuant to Section 91.50.300.

Director to initiate balloting for owner consent and schedule a public hearing before the Commission to consider nomination once the ballot results have been completed. If the Commission determines that sufficient evidence does not exist, or the area or properties do not merit formal consideration, that shall be a final action of the Commission, which is appealable pursuant to Section 91.50.300.

3. Written Consent of Owners. The written consent of not less than one hundred percent (100%) of all affected owners of the proposed historic district must be obtained in order for the district to be designated. The consent shall be obtained by sending by first-class mail to every parcel owned:

A) Notice that the property is in an area that has been nominated for designation as a historic district;

B) Notice about the historic district designation process and instructions for balloting;

C) A ballot with the option to consent to or to oppose the proposed historic district designation;

D) An impartial opinion of the City Attorney as to the effect of the designation on the parcels located in the proposed district;

E) Notice that a work moratorium is in place for the property as of the effective date;

F) Notice that a public hearing before the Commission will be scheduled and the owners will be duly notified prior to the hearing; and

G) The name, title, and contact information of a person within the Community Development Department who shall provide additional information regarding the historic district designation process.

d) Work Moratorium. No permits shall be issued for any activities that would require a certificate of appropriateness or certificate of demolition for any properties located in the proposed historic district, except to stabilize imminent hazardous or emergency conditions, until the Commission has made a decision on the application.

e) Commission Designation Hearing. Once the designation report has been prepared and an owner consensus of one hundred percent (100%) has been reached, the Historic Preservation Commission shall schedule a public hearing on the proposed historic district. The public hearing will be duly noticed following the City’s existing procedures.

f) Commission Findings. The Historic Preservation Commission shall review the application and designation report and adopt a resolution or make findings of fact to approve in whole or in part or disapprove the application for designation. The findings shall contain the following information:

1. Explanation of how the proposed historic district under consideration meets or does not meet the applicable criteria in Section 91.50.060;

2. Explanation of the integrity or lack of integrity of the proposed historic district under consideration; and

3. Identification of the character-defining exterior architectural, site or landscaping features of the property under consideration.

a) Notice of the Historic Preservation Commission’s decision shall be sent to applicants and owners of a designated property and all properties in a historic district with information about a specific property’s status as a contributing or noncontributing resource. Notice shall also be sent to the City Council and all appropriate City departments.

b) Each City department shall incorporate the notice of designation or status in a historic district into its records, so that future decisions or permissions regarding or affecting a landmark property or a property in a historic district shall be made with the knowledge of the designation.

c) Failure to Send Notice. Failure to send any notice by mail to any property owners where the address of such owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed designation.

The Historic Preservation Commission’s decision shall be final unless appealed in accordance with Section 91.50.300 or called for review by the City Council.

The Historic Preservation Commission and the City Council may amend or rescind any designation of a historic landmark or historic district in the same manner and procedure as are followed for designation. For amendments to an existing historic district, the procedures shall only apply to the properties requesting inclusion, removal, or amendment.

A project review process is established to ensure that any alteration to a historic resource is in keeping with the historic character of the resource.

a) A project review is required for any:

1. Alteration, addition, rehabilitation, restoration, reconstruction, or partial demolition affecting the exterior of a historic landmark or contributing resource.

2. Relocation or full demolition of a historic landmark or contributing resource.

3. Exterior work to a noncontributing resource in a historic district that will be visible from the public right-of-way.

4. New construction within a historic district.

b) No permit shall be issued for work on a historic resource until the appropriate approval has been issued in accordance with the provisions of this Article.

c) Once an approval has been issued, the Community Development Department shall, from time to time, inspect the work to ensure that the work complies with the approved certificate of appropriateness and has been satisfactorily completed.

a) All proposed project applications shall be filed with the Community Development Department. The applicant is encouraged to confer with the Community Development Department before submittal of the application.

b) All applications shall include:

• 1. Description of the proposed project;
• 2. Plans and specifications showing the proposed exterior appearance;
• 3. Materials and colors to be used on the exterior of the historic resource;
• 4. Relationship of the proposed work to the surrounding environment, if necessary;
• 5. Relationship to the existing scale, massing, architectural style, site and streetscape, landscaping and signage, for new construction in historic districts;
• 6. Any other information determined to be necessary for review of the proposed work;
• 7. Additional supporting materials and justifications may be required when demolition or relocation of a historic resource is requested;
• 8. Required fee(s).

c) Once an application is determined complete, it shall be reviewed by the Community Development Department to determine the appropriate review procedure.

Certain projects are exempt from review:

a) Ordinary maintenance and repair that involve regular, customary, or usual care of an existing building, structure, object, or site, for the purposes of preserving said property and maintaining it in a safe and sanitary condition, that do not require issuance of a permit; and that do not involve a change of design, material, appearance, or visibility of the property. Nothing in this Article shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this Article that does not involve a change in design, material, or external appearance thereof pursuant to Article 32 of Chapter 2 of this Division.

b) Interior alterations that do not affect character-defining features or exterior appearance.

c) Plantings that do not diminish, eliminate, or adversely affect character-defining features of the property or historic district.

d) Stabilization of emergency or hazardous conditions where the Community Development Department, Fire Department or other enforcement agency has determined that emergency or hazardous conditions currently exist and the condition must be corrected in the interest of the public health, safety and welfare. When feasible, the enforcement agency should consult with the Director of the Community Development Department on how to correct the condition consistent with the historic character. Aside from stabilization needed to correct the emergency or hazardous conditions, any other work shall comply with the provisions of this Article.

Nothing in this Article shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this Article that does not involve a change in design, material, or external appearance thereof pursuant to Article 32 of Chapter 2 of this Division.

The Historic Preservation Commission is hereby given the authority to delegate certain minor projects to the Director of the Community Development Department, and his or her designee for review and administrative decisions of approval, conditional approval or denial.

a) Minor projects are those cases involving:

• 1. Exterior alterations that do not adversely affect the historic character of the historic landmark, contributing resource or the historic district, such as:

A) In-kind repair of deteriorated character-defining features, including character-defining landscape features, that does not involve a change of design, appearance, or visibility of the feature;

B) Replacement of character-defining features too deteriorated to repair. In-kind replacement in the historic material is preferred. Compatible substitute materials that maintain the historic character in terms of pattern, texture, and detailing may be considered;

C) Repair or replacement of roof-covering materials, gutters, and downspouts; provided, that the replacement is in-kind or maintains the architectural character of the historic resource in terms of pattern, texture, and coloration;

D) Foundation work with no change in appearance;

• E) Chimney repair and retrofit with no change in appearance;

F) Construction, demolition or alteration of side, rear and front yard fences;

G) Alterations or removal of landscape features such as walkways, planter walls, paved areas, and fountains not identified as character-defining features;

• H) In-kind replacement of historically faithful features that were previously removed;

I) Other minor rehabilitation work as determined by the Director of the Community Development Department.

2. Exterior work on noncontributing resources in historic districts that is not out of character with the historic district. Partial demolition, increasing the number of existing stories, and additions that increase the square footage by less than twenty-five percent (25%) of the existing building area, inclusive of attached garages and exclusive of detached garages, may be reviewed as a minor project if they are minimally visible from the public right-of-way and are compatible with the character of the historic district. Full demolitions and/or new infill construction to replace noncontributing resources shall follow the certificate of appropriateness process.

3. Additions and accessory buildings that are one (1) story, at the ground floor, not visible from a public right-of-way and increase the building square footage by less than twenty-five percent (25%) of the existing building’s area, inclusive of attached garages and exclusive of detached garages.

b) Minor Project Review - Standards and Findings.

• 1. The Historic Preservation Commission shall establish review standards and guidelines for minor project reviews. If the Commission has not adopted review standards and guidelines, then the Secretary of the Interior’s Standards will be the review standard.
• 2. The administrative approval shall make findings of fact that the proposed work is consistent with the applicable review standards or does not adversely affect the property’s ability to remain a historic resource.

3. For noncontributing resources, a reasonable effort shall be made to produce compatibility, and in no event shall the alteration increase the incompatibility of the noncontributing resource to the historic district.

c) Minor Project Review - Procedures.

1. The administrative approval can be appealed within fifteen (15) days of issuance as provided in Section 91.50.300.

• 2. No changes shall be made to the approved plans for which an administrative approval was issued without resubmittal to the Community Development Department for approval of the changes.

d) If in the judgment of the Community Development Director, the proposed work is not a minor project eligible for an administrative approval, or otherwise determines that input from the Historic Preservation Commission is desired, then the Director shall forward the application to the Commission for its review and decision following the procedure outlined in Section 91.50.180.

A certificate of appropriateness is required for any alteration, addition, rehabilitation, restoration, reconstruction, partial demolition, relocation, or new construction that is not a minor project. Once the application is determined complete, and a certificate of appropriateness is required, the application shall be scheduled for the next available Historic Preservation Commission meeting, allowing for public noticing requirements outlined in Section 91.50.070(c).

a) Certificate of Appropriateness - Review Standards.

• 1. The Historic Preservation Commission shall establish and adopt review standards and guidelines for the certificate of appropriateness review based upon the Secretary of the Interior’s Standards, which may be supplemented with the associated Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings or other design and technical recommendations published by the National Park Service. If the Commission has not adopted review standards and guidelines, then the Secretary of the Interior’s Standards shall be the review standard.
• 2. In evaluating applications, the Historic Preservation Commission may consider the following factors when determining if the proposed project meets the review standards or is compatible with the historic resource:

A) Mass, or the height of a building, its bulk and the nature of the roof line;

B) Proportions between the height of a building and its width;

C) Nature of the open space around buildings, including extent of setbacks, the existence of side yards, their sizes, continuity of such spaces along the street, and the extent of paving;

D) Nature of openings in the facade (windows and doors) - their locations, size, proportions, and hierarchy;

• E) Type of roof - flat, gabled, hip, etc.;

F) Nature of projections from the building, such as porches and balconies;

G) Nature of the architectural details, and the predominant architectural style (if any);

H) Nature of the materials;

I) Color;

J) Texture;

K) Details of ornamentation;

L) Signs; and

M) Other character-defining features.

3. Additional Review Considerations for Partial Demolition of a Historic Landmark or Contributing Resource. For applications involving partial demolitions, the Historic Preservation Commission shall also consider:

A) Whether character-defining features are removed or materially impaired, including garages, accessory structures, and landscape features;

B) Level of visible change to the historic landmark or contributing resource and its historic character from the public right-of-way;

• C) Effect of the proposed project design on the property;

D) For contributing resources in a historic district, effect of the demolition and proposed project design on the character of the surrounding area.

4. Review Considerations for New Infill Construction in Historic Districts. The Historic Preservation Commission shall review new construction in historic districts for compatibility with the scale, massing, setbacks, and where appropriate, the original style, of the historic district’s contributing resources and for maintaining the overall character of a historic district. The design of the new building shall consider the following characteristics:

A) The height, width, and length of the new building compared to surrounding contributing resources;

B) Floor heights, fenestration patterns, proportions, solid-to-void ratios, and other elements and details;

C) Exterior materials and treatments;

D) Other relevant features of the historic district and its contributing resources.

b) Certificate of Appropriateness - Findings. The Historic Preservation Commission may approve, conditionally approve, or deny the application and shall make findings of fact in writing based on the review standards established in this Article. The findings shall ensure the proposed project in whole will:

• 1. Not detrimentally change, destroy, or adversely affect the historic character or value of the historic resource.
• 2. Not adversely affect or detract from the character of the district, if applicable.
• 3. Be compatible with the exterior features of other improvements within the district, if applicable.

A certificate of demolition is required for any full demolition of a historic landmark or contributing resource located within a historic district.

• a) Certificate of Demolition - Process.

1. The Historic Preservation 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.

• 2. An initial study prepared in accordance with CEQA and a certificate of economic hardship application shall also accompany a certificate of demolition application.

• b) Certificate of Demolition - Review Considerations. The Historic Preservation Commission may take into consideration the following factors for the certificate of demolition, with appropriate substantial evidence from qualified professionals provided as needed to assist the Commission in making an informed decision:

• 1. The historic or architectural significance of the resource;
• 2. The importance of the historic landmark to Torrance or of the contributing resource to the integrity and character of the historic district;
• 3. The reasons and justification for the proposed demolition;
• 4. If the building and/or site is a hazard to public health or safety and the feasibility of repairs or stabilization without impacting its integrity;
• 5. Feasibility to repair, rehabilitate, or adaptively reuse the historic landmark or contributing resource following the adopted review standards as well as the application of available incentives such as the California Historic Building Code, Mills Act program, or other assistance Torrance may provide;
• 6. Opportunities to incorporate the historic landmark or contributing resource into the replacement project;
• 7. Merits of the proposed replacement project for the benefit of Torrance and its citizens;
• 8. Options to mitigate the loss of the historic landmark or contributing resource, such as through relocation to another appropriate site, documentation, interpretation, salvage, etc.;
• 9. Request based on economic hardship.

c) Certificate of Demolition - Replacement Projects.

1. For contributing resources, the Historic Preservation Commission shall review the replacement project at the same time as the demolition request and consider the effect on the historic district with the demolition as well as with the proposed replacement project and its compatibility with the character of the historic district taking into consideration the factors listed in Section 91.50.180(a)(4).

r contributing resources, the Historic Preservation Commission shall review the replacement project at the same time as the demolition request and consider the effect on the historic district with the demolition as well as with the proposed replacement project and its compatibility with the character of the historic district taking into consideration the factors listed in Section 91.50.180(a)(4).

• 2. If a certificate of demolition is approved, no demolition permit may be issued until a replacement project has received all approvals and building plans are permit ready, or other reasonable condition to avoid preemptive demolition. Vacant land or nonuse will not constitute a valid replacement project.

d) Certificate of Demolition - Findings. To approve the demolition, the Historic Preservation Commission shall find that the denial of the requested demolition will deprive the owner of substantially all reasonable use of the property and a certificate of economic hardship has been approved, and shall find at least two (2) of the following:

• 1. 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 91.50.320 and Article 32 of Chapter 2 of this Division.
• 2. There is a compelling public interest that justifies demolition;
• 3. All reasonable efforts to restore, rehabilitate, or relocate the historic landmark or contributing resource have been exhausted;
• 4. Rehabilitation or other alternatives would require extensive alterations that would render the historic landmark or contributing resource infeasible of preservation or no longer eligible for the Torrance Register of Historic Resources;
• 5. Demolishing the contributing resource will not detrimentally change, destroy or adversely affect the historic character or value of the historic district.

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

a) Certificate of Economic Hardship - Process. An application for a certificate of economic hardship shall be filed with the Community Development Department either concurrently with, or after, filing the related application for a certificate of appropriateness.

Certificate of economic hardship applications may be requested to include:

1. Cost estimates for the proposed construction, addition, alteration, demolition or relocation, and an estimate of additional costs that would be incurred to comply with the recommendations of the Historic Preservation Commission for issuance of a certificate of appropriateness.

2. 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.

• 3. The estimated market value of the property in its current condition.
• 4. The estimated market value of the property after completion of the proposed construction, alteration, demolition, or relocation.
• 5. The estimated market value of the property after any condition recommended by the Commission.
• 6. In the case of full demolition, the estimated market value of the property after renovation of the existing property for continued use.
• 7. In the case of full demolition, 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.
• 8. 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.
• 9. The remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years.
• 10. 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.

11. 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.

• 12. Any listing of the property for sale or rent, including the prices asked and offers received, if any occurred within the previous two (2) years.
• 13. Any other information considered necessary by the Commission to determine whether or not the property does or may yield a reasonable return to the owners.
• 14. Required fees.

• b) Certificate of Economic Hardship - Review Standards.

• 1. The basis to establish economic hardship for an income-producing property shall be that a reasonable rate of return cannot be obtained from the property in its present condition or if rehabilitated.
• 2. The basis to establish economic hardship for a nonincome-producing property shall be found when the property owner demonstrates that the property has no beneficial private or institutional use. Nonincome-producing properties shall consist of owner-occupied dwellings or properties owned by institutional, nonprofit organizations or public entities.
• 3. Demonstration of an economic hardship shall not be based on or include any of the following circumstances:

• A) Willful or negligent acts by the owners;

• B) Purchase of the property for substantially more than market value;

• C) Failure to perform normal maintenance and repairs;

• D) Failure to diligently solicit and retain tenants;

• E) Failure to provide normal tenant improvements;

• F) Failure to accept an offer of purchase of the property at fair market value from a party willing to maintain the historic designation of the property.

c) Certificate of Economic Hardship - Findings. The Historic Preservation Commission may approve, conditionally approve, or deny the application and shall make findings of fact in writing relating to the standards for review that constitute the basis for its decision. The following findings shall be made for all certificate of economic hardship applications:

• 1. Denial of the application will result in immediate and substantial hardship to the owner(s) of the subject property because of conditions peculiar to the property, or features thereof;
• 2. The sale, rental, rehabilitation, or adaptive reuse of the property is not economically reasonable, practical, or viable, considering the cost of utilizing the property for uses allowed in the applicable zone, including any existing allowed nonconforming uses; and
• 3. Denial of the application would damage the owner of the property unreasonably in comparison to the benefit conferred on the community.

The Historic Preservation Commission may impose conditions of approval for demolitions or major alterations that do not meet the review standards, such as imposing a delay for a specified time period to consider alternatives, or require Historic American Building Survey (HABS)-like photo, written, and/or architectural drawings documentation, salvage of historic materials, interpretive display, exhibit, or program incorporated into the replacement project or otherwise made publicly accessible, or other methods deemed appropriate by the Commission.

The Historic Preservation Commission’s decision shall be final unless appealed in accordance with Section 91.50.300 or called for review by the City Council.

A certificate of appropriateness and certificate of demolition shall lapse and become void twelve (12) months from the date of issuance, unless a building permit (if required) has been issued and the rights granted by the permit or certificate have been exercised and are being pursued to completion. An extension may be requested by the owner so long as the approved plans have not been modified. The Director of the Community Development Department may approve, conditionally approve, or

deny any request for a time extension, or may refer the request to the Historic Preservation Commission, which may approve, conditionally approve, or deny any request for a time extension.

An application to modify an issued certificate of appropriateness, or a condition of approval imposed thereon, shall be heard and considered in the same manner and by the same body as the originally reviewed application unless otherwise determined by the director. Payment of applicable fees is required upon submitting an application for modification.

In order to carry out the purposes of this Article, the City Council may, by resolution, adopt a program of economic and other incentives to support the preservation, maintenance and appropriate rehabilitation of the City’s significant historic resources. Preservation incentives shall be made available to owners of historic landmarks and contributing resources located within a historic district.

a) Historic landmarks and contributing resources in historic districts listed in the Torrance Register of Historic Resources shall be considered qualified historical properties and may take advantage of the provisions of the California Historical Building Code (CHBC), Part 8 of Title 24, California Code of Regulations.

b) The purpose of the CHBC is to provide regulations for the preservation, restoration, rehabilitation, or reconstruction of buildings or properties designated as qualified historic properties. It is intended to provide solutions for the preservation of qualified historic properties, to promote sustainability, to provide access for persons with disabilities, to provide a cost-effective approach to preservation, and to provide for the reasonable safety of the occupants or users.

c) The CHBC provides flexibility in complying with the regular code when strict compliance will threaten or destroy the qualified historic property’s historic significance or character-defining features. The CHBC allows for performance-based analysis in addition to some prescriptive-based and recognizes the construction properties inherent in historic buildings.

d) Proposed alternatives under the CHBC are evaluated by the appropriate local agencies on a case-by-case basis, with documentation of the character-defining features, potential impacts, reasons for the alternative provisions, and other information as needed. The goal should be to achieve an equivalent level of safety and accessibility that retains the property’s historic character while also meeting life-safety standards.

Pursuant to California Government Code Sections 50280 through 50290 (commonly known as the "Mills Act"), the City 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 of the Interior’s Standards and other applicable criteria. The City Council shall, by resolution, specify the application process and review procedures for Mills Act contracts.

The Historic Preservation Commission may propose reductions and/or modifications to development standards for historic resources, and subject to City Council approval as needed. These may include reduction in parking space requirements and/or design standards, retaining nonconforming setbacks, change of use, or other elements deemed appropriate for the historic landmark or contributing resources located in a historic district.

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

a) The decision of the Historic Preservation Commission may be appealed to the City Council pursuant to the provisions of Article 5 of Chapter 1 of Division 1, commencing at Section 11.5.1.

b) The decision of the Community Development Director may be appealed to the Historic Preservation Commission. Such appeal shall be made in writing to the Historic Preservation Commission within fifteen (15) days of the decision of the Community Development Director. The public appeal hearing will be duly noticed following the City’s existing procedures.

Historic resources in Torrance are also subject to the provisions in this Article.

In addition to the property maintenance outlined in Article 32 of Chapter 2 of this Division, the owner(s), occupant(s), or other person(s) in actual charge of a historic resource shall keep in good repair all of the exterior portions of the improvement, structure, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature(s) and any other character-defining features of the property. If periodic maintenance and upkeep is not done, and the historic resource falls into disrepair, the fact that it is in disrepair may not be used as justification for demolition or any other alteration which would cause adverse effect as defined in this Article.

Historic landmarks and contributing resources in a historic district that the Historic Preservation Commission finds to have more than fifty percent (50%) of the significant features and characteristics destroyed by natural disaster(s) shall be considered lawfully demolished for the purposes of this Section.

The Historic Preservation Commission shall review and provide recommendations on all projects affecting historic resources owned by the City of Torrance. The Commission shall be notified of a project affecting Torrance-owned historic resources before any plans for it are approved or work commences.

a) Any person who violates a requirement of this Article or fails to obey an order issued by the City Council, Historic Preservation Commission and/or Director of Community Development, or fails to comply with a condition of approval of any certificate or permit issued under this Article, shall be subject to enforcement actions pursuant to Sections 92.23.1 and 92.23.2. In addition to all other remedies available to the City, any alteration or demolition of a historic resource in violation of this Article is expressly declared to be a nuisance and may be abated as deemed appropriate by the City pursuant to Article 35 of Chapter 2 of this Division.

b) Any person who constructs, alters, removes, or demolishes a historic landmark or contributing resource in a historic district without the approval and issuance of a certificate or permit issued pursuant to this Article 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.

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 Article, 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. 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 directed by the Commission and/or Director shall be imposed as a condition of any subsequent permit for development of the subject property.

d) In addition to any other remedies provided herein, any violation of this Article may be enforced by civil action brought by the City. Remedies under this Article 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 (1) 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.

If any section, subsection, sentence, clause, phrase or portion of this Article is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Article. The City Council hereby declares that it would have adopted the ordinance codified in this Article and each article, section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one (1) or more sections, subsections, phrases or portions be declared invalid or unconstitutional.