West Covina Municipal Code § 17-129 Commission study and determination

Nominations of a historic resource as a landmark shall be made only by application of the property owner or property owners representing a majority or controlling interest in the property on which the resource is located, and the owner or owners representing a majority or controlling interest in the improvement if such improvement has been legally severed.

(Ord. No. 2173, § 1(Exh. A), 3-4-08)

To be eligible for consideration as a landmark, a historic resource must be at least fifty (50) years old, with the exception that a historic resource of at least thirty (30) years of age may be eligible if the planning commission determines that the resource is exceptional, or that it is threatened by demolition, removal, relocation, or inappropriate alteration.

(Ord. No. 2173, § 1(Exh. A), 3-4-08)

The initiation of a proposed historic district may arise from a property owner or group of property owners in a potential historic district. When such an initiation is proposed, the city will assist in preparing the defining characteristics of the proposed historic district. Only those properties for which the property owners submit a nomination to be included in a proposed or existing district will be considered to be within the district. The district boundary will not include any property without the written consent of the property owner of said property.

(Ord. No. 2173, § 1(Exh. A), 3-4-08)

To be eligible for consideration as a historic district, at least seventy-five (75) percent of the buildings in the proposed historic district (excluding accessory buildings) must be at least fifty (50) years old or otherwise meet the requirement of section 17-122. In addition, no more than twenty-five (25) percent of the buildings in the proposed district (excluding accessory buildings) may be noncontributing. Noncontributing buildings may be included as part of a historic district only to the extent that the planning commission determines them to be essential to the geographic integrity of the district. The planning commission shall make determinations identifying any noncontributing buildings within a historic district as part of the review process.

(Ord. No. 2173, § 1(Exh. A), 3-4-08)

Once a completed application has been accepted for the designation of a landmark or a historic district, no building, alteration, demolition, removal, or relocation permits for any historic resource, improvement, building, or structure relative to a proposed landmark or within a proposed historic district shall be issued until a final determination is made regarding the proposed designation, except as provided under division 6 of this article.

(Ord. No. 2173, § 1(Exh. A), 3-4-08)

Applications for nomination of landmarks or historic districts shall be made to the planning commission on a form provided by the planning department. The nomination shall provide sufficient documentation and information indicating how the proposed historic landmark or historic district meets the designation criteria. All applications shall be considered in a noticed public hearing as set forth herein. No application shall be accepted without the written consent of the owner of all properties to which the nomination pertains.

(Ord. No. 2173, § 1(Exh. A), 3-4-08)

Notice of the date, place, time, and purpose of hearings shall be given by first-class mail to all persons whose names and addresses appear on the latest available assessment roll of the County of Los Angeles as owners of property within a distance of three hundred (300) feet from the exterior boundaries of the property for which the application is filed, at least ten (10) days prior to the date of the public hearing, using the names and addresses of such owners as shown on the latest equalized assessment rolls and shall also be advertised in a newspaper of general circulation. Failure to send any notice by mail to any property owner 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 planning commission may also give such other notice as they deem desirable and practicable.

(Ord. No. 2173, § 1(Exh. A), 3-4-08)

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 on appeal, if any.

(Ord. No. 2173, § 1(Exh. A), 3-4-08)

Upon acceptance of a completed application for the designation of a landmark or historic district, a public hearing shall be scheduled before the planning commission to study the proposed designation and to determine its eligibility and qualifications. Following the public hearing, the planning commission shall decide to approve, in whole or in part, or disapprove the designation. All decisions to approve or disapprove designations shall be made by resolution, and shall set forth the findings and reasons relied upon in making the determination.

(Ord. No. 2173, § 1(Exh. A), 3-4-08)

Notice of the designation of a landmark or a historic district shall be transmitted to all appropriate city departments and any other interested governmental and civic agencies. Each city department shall incorporate the notice of designation into its records, so that future decisions or permissions regarding or affecting a landmark or historic district shall be made with the knowledge of the designation.

(Ord. No. 2173, § 1(Exh. A), 3-4-08)

The designation statement shall, at a minimum, include the Secretary of the Interior's standards for rehabilitation codified in 36 C.F.R., Part 67, as the minimum standards or guidelines for that resource. The designation statement shall specify the significant exterior and interior elements and natural features that are expressly found by the planning commission to contribute to the historic landmark's significance. Unless otherwise stated, the designation statement, the protection afforded a historic landmark, shall encompass the entire parcel and any adjoining parcels under the same ownership at the time said designation statement is adopted.

(Ord. No. 2173, § 1(Exh. A), 3-4-08)

(a) In the event of substantial destruction of a landmark or historic district, the owner(s) of a landmark or owner(s) of fifty-one (51) percent of the parcels in a historic district may apply for removal of designation. The planning commission or city 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 article, with the additional requirement that the determination of substantial destruction shall be set forth in the findings of the planning commission.

(b) The complete demolition or removal of a landmark shall result in the automatic removal of the landmark designation.

(c) 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.

(Ord. No. 2173, § 1(Exh. A), 3-4-08)

All repairs, alterations, restorations, or changes in use of existing buildings and structures designated as landmarks or included as part of a historic district, or otherwise considered a historic resource under state law, may conform to the standards of the California Historical Building Code as an alternative to complying with building standards as set forth in chapter 7 of this Code, notwithstanding the fact that such buildings may be nonconforming.

(Ord. No. 2173, § 1(Exh. A), 3-4-08)