Chapter 2.40 — HISTORIC PRESERVATION COMMISSION

Editor's Note: Prior to amendment by Ord. 03-663, this Chapter 2.40 was designated "Cultural Heritage Commission."

A Historic Preservation Commission is created and established which may be known and referred to as the "West Hollywood Historic Preservation Commission" or as the "Historic Preservation Commission."

(Prior code § 2994; Ord. 243 § 1, 1989; Ord. 98-513 § 1, 1998; Ord. 03-663 § 4, 2003)

The Historic Preservation Commission shall consist of seven members who shall have a significant interest in the city such as residency, business or residential ownership, economic involvement or some other valid link to be determined by the City Council, to the purpose of the Commission. All members of the Commission shall have a demonstrated interest or competence in, or knowledge of, historic preservation and the cultural resources of the city. At least two Commission members are required to be appointed from among professionals in the disciplines of history, architecture, architectural history, planning, prehistoric and historic archeology, folklore, cultural anthropology, curation, conservation, and landscape architecture or related disciplines, such as urban planning, American studies, American civilization, or cultural geography, to the extent that such professionals are available in the community. Commission membership may also include lay members who have demonstrated special interests, competence, experience, or knowledge in historic preservation. Commission members shall not be officers or employees of the city. Commission members are subject to a background check as set forth in Section 2.30.050 of this code.

(Prior code § 2995; Ord. 243 § 1, 1989; Ord. 98-513 § 1, 1998; Ord. 03-663 § 5, 2003; Ord. 21-1164 § 1, 2021; Ord. 23-09 § 7, 2023)

Each member of the City Council shall appoint one member of the Historic Preservation Commission. The Council as a whole will appoint the remaining two members, and as to those, shall endeavor to appoint professionals in preservation-related fields. Appointments shall be made at a regular Council meeting.

(Prior code § 2996; Ord. 243 § 1, 1989; Ord. 98-513 § 1, 1998; Ord. 03-663 § 6, 2003)

• a. Each member of the Historic Preservation Commission appointed directly by individual councilmembers shall serve a two-year term commencing on March 1st following a general municipal election. Upon expiration of the term of office, each such Commission member shall continue to serve until his or her successor is appointed and qualified. Each such member of the Commission serves at the pleasure of the appointing councilmember and may be removed by that councilmember at any time. In the event the office of a councilmember becomes vacant during the term thereof, and until the office is filled, the

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City of West Hollywood, CA § 2.40.040

WEST HOLLYWOOD CODE

§ 2.40.080

Commission member appointed by such councilmember may be removed by a majority vote of the City Council.

• b. The two Commission members appointed by the Council as a whole shall serve two-year terms commencing on March 1st following a general municipal election. Upon expiration of the term of office, each such Commission member shall continue to serve until his or her successor is appointed and qualified. Such members may be removed by a majority vote of the City Council; provided, however, that no member of the Commission may be removed prior to March 1st following any municipal election.

• c. Commission members are subject to term limits as set forth in Section 2.30.040 of this code.

(Prior code § 2998; Ord. 243 § 1, 1989; Ord. 90-262 § 1, 1990; Ord. 98-513 § 1, 1998; Ord. 03-663 § 8, 2003; Ord. 19-1067 § 2, 2019; Ord. 23-09 § 8, 2023)

Regular meetings of the Historic Preservation Commission shall be as provided in the Commission by-laws, provided that the Commission shall meet no more than once monthly. (Ord. 03-663 § 9, 2003)

For the five individually appointed positions, vacancies on the Historic Preservation Commission shall be filled by appointment of the individual councilmember or his or her successor who made the appointment that is vacated. Vacancies in the two remaining at-large seats shall be filled by appointment by the City Council. (Ord. 03-663 § 10, 2003)

If a member of the Historic Preservation Commission is absent for more than three regular meetings in any twelve-month period, the office of such member shall be vacated. In such event, the City Clerk shall notify the City Council of the vacancy and shall advertise for a replacement. A successor may be appointed for the remainder of the term as provided in Section 2.40.060. Notwithstanding the foregoing, up to three additional absences in a twelve-month period will be permitted for the purpose of bonding with a new baby, adopted child, or foster child and will not be counted against the allowable number of excused absences.

(Prior code § 29102; Ord. 243 § 1, 1989; Ord. 98-513 § 1, 1998; Ord. 03-663 § 4, 2003; Ord. 03-663 § 11, 2003; Ord. 23-09 § 9, 2023)

The Historic Preservation Commission shall have the power and be required to:

• a. Periodically update the city's Historic Resources Survey.

• b. Recommend to the Planning Commission and City Council, in accordance with the criteria set forth in Section 19.58.070 of this code, the designation of cultural resources including structures, portions of structures, improvements, natural features, landmarks, sites. objects, historic districts, multiple resource or thematic groupings of structures sharing common characteristics or uses.

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City of West Hollywood, CA

ADMINISTRATION AND PERSONNEL

§ 2.40.080

§ 2.40.080

• c. Maintain a local public register of cultural resources, historic districts and sites within the city, including all information required for each designation.

• d. Prepare prescriptive standards and design guidelines to be used in reviewing applications for permits to construct, alter, remodel, relocate, enlarge, remove or demolish any cultural resource, or structure within a historic district, or conservation zone. Such design guidelines shall be based upon the Secretary of the Interior's Standards for Rehabilitation.

• e. Issue certificates of appropriateness to alter, construct, remodel, relocate. enlarge, remove, or demolish cultural resources or structures within a historic district where authorized by this chapter, and recommend the issuance of such certificates for cultural resources or structures within a historic district to the Planning Commission in all other cases.

• f. Review and comment upon the conduct of land use, housing and redevelopment, municipal improvements and other types of planning and governmental programs undertaken by any agency of the city, county, state, or federal government as they relate to the cultural resources of the community.

• g. Work towards obtaining and maintaining Certified Local Government status and actively pursue the designation of local certified historic districts and National Register nominations to enable property owners to make use of federal tax incentives. Investigate and make recommendations to the City Council on the use of other various federal, state, local or private funding sources and mechanisms available to promote cultural resource preservation in the city.

• h. Review all applications for permits, environmental assessments, environmental impact reports, environmental impact statements and other similar documents pertaining to designated and potential cultural resources, or related neighboring property within public view. The Community Development Department staff shall forward all such documents to the Historic Preservation Commission for review and comment, prior to review and approval by the Planning Commission, as appropriate.

• i. Review the actions and proposed actions, and advise environmental review processes, of all city departments, and public agencies, and their agents and employees, concerning the effects of their actions, programs, capital improvements or activities on designated and potential cultural resources.

• j. Recommend to the Department of Community Development the hiring of staff, retaining of consultants and qualified archaeologists when potential archeological resources are involved, and the conducting of studies as the Historic Preservation Commission deems desirable or necessary.

• k. Cooperate with local, county, state and federal governments in the pursuit of the objectives of cultural resource preservation.

• l. Render advice and guidance, upon the request of the property owner or occupant, on the restoration, alteration, remodeling, enlargement, removal, decoration, landscaping or maintenance of any cultural resource, or historic district.

• m. Render advice and guidance, upon the request of the property owner or occupant, on procedures for inclusion of a cultural resource on the National Register of Historic Places.

• n. Participate in, promote and conduct public information, education, and interpretation

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City of West Hollywood, CA § 2.40.080

WEST HOLLYWOOD CODE

§ 2.40.110

programs pertaining to cultural resources preservation.

• o. Confer recognition upon the owners of cultural resources or of property within historic districts by means of certificates, plaques or markers and from time to time, recommend that the City Council issue commendations to owners of cultural resources who have rehabilitated their property in an exemplary manner.

• p. Advise the City Council on the maintenance and operation of cultural resources and historic districts under the city's ownership and control, and oversee compliance with façade easements on such properties.

• q. Assume responsibilities and duties which may be assigned to the city by the state under the Certified Local Government provisions of the National Historic Preservation Act of 1966, as amended.

• r. Undertake any other action or activity necessary or appropriate to the implementation of its powers and duties or to fulfill the objectives of cultural resource preservation.

• s. Assist private individuals and/or private or non-profit organizations with a desire to restore, preserve, maintain, and operate a property listed on the Register of Cultural Resources to purchase such property from an existing owner unable to so restore, preserve, maintain, and operate the property as a cultural resource.

(Prior code § 29103; Ord. 243 § 1, 1989; Ord. 98-513 § 1, 1998; Ord. 03-663 § 4, § 12, 2003)

Accurate and permanent records of all meetings, proceedings and acts of the Commission shall be kept, and such records shall have the same status as records of other administrative departments of the city.

(Prior code § 29104; Ord. 243 § 1, 1989; Ord. 98-513 § 1, 1998; Ord. 03-663 § 12, 2003)

The Historic Preservation Commission shall organize and operate in accordance with uniform by-laws for city commissions adopted by the City Council. (Prior code § 29105; Ord. 243 § 1, 1989; Ord. 98-513 § 1, 1998; Ord. 02-627 § 2, 2002; Ord. 03-663 § 4, § 12, 2003)

Members of the Historic Preservation Commission may receive compensation for their services as set by resolution of the City Council. The secretary of the Commission shall submit to the Finance Officer at the end of each calendar month, a statement showing the number of meetings of the Commission attended by each member during each month. No additional compensation shall be made for expenses incurred by the members of the Commission in the performance of their duties, except that the City Council may from time to time authorize in advance, expenditures for attendance at seminars, institutes, or other meetings which the City Council finds to be beneficial to the Commission members in the performance of their duties and in the best interest of the city. Claims for such expenses shall be filed with the Finance Officer and shall be subject to audit and approval by the City Council. (Ord. 03-663 § 13, 2003)

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City of West Hollywood, CA

ADMINISTRATION AND PERSONNEL

§ 2.44.010

§ 2.44.040