§ 18.84

The provisions of this chapter shall apply to all historic resources and structures that are at least fifty years old within the city.

(Ord. 2785 Exh. A (part), 2001)

18.84.040 - Definitions.

The following words and phrases shall be defined as set forth in this section, for the purpose of this chapter.

A.

"Alteration" means any exterior change or modification to the character-defining or significant, physical improvements or architectural features of a historic resource.

B.

"Architectural feature" means an exterior design element of a historic resource embodying the style thereof, including, but not limited to, the kind, color, texture of building materials; tile and iron work; the type, style, and arrangement of windows, doors, lights, signs and other fixtures appurtenant to such structure; and, on a larger scale, includes siting, composition and massing (the number, placement and size of improvements).

C.

"Certificate of appropriateness" means certification that the commission, or council upon appeal, has made the necessary findings to approve plans to alter, restore, rehabilitate, remove, relocate, add on to, or demolish, in whole or in part, a historic resource.

D.

"Certificate of economic hardship" means certification that the commission, or council upon appeal, has made the necessary findings to permit the proposed work due to extreme financial privation or adversity.

E.

"Commission" means the historic resources commission of the city.

F.

"Contributing resource" means any improvement that adds to the historical, architectural, or cultural significance of a historic district.

G.

"Historic district" means a specific geographic area that contains a number of historic resources that has been designated as such pursuant to this chapter.

H.

"Historic landmark" means any singular historic resource that has been designated as such pursuant to this chapter.

I.

"Historic resource" means any improvement, historic landmark or district, or other object of cultural, architectural or historical significance to the citizens of the city, the region, the state or the nation, which is designated or eligible for designation and determined to be appropriate for historic preservation by the commission, or by the council upon appeal, pursuant to the provisions of this chapter.

J.

"Improvement" means any structural elements, architectural feature, plaque, light standard, light fixture, street furniture, porch and steps, structure, sign, fence, wall, mature tree or other specified object constituting a physical feature of real property.

K.

"Mills Act agreement" means the property contract between the city and property owner that provides for reduced property taxes in return for the rehabilitation, restoration and preservation of a qualified historical property pursuant to California Government Code Title 5, Division 1, Part 1, Chapter 1, Article 12 (Government Code § 50280 et seq.).

L.

"Non-contributing resource" means any improvement that does not add to the historical, architectural or cultural significance of a district.

M.

"Secretary" means the secretary to the historic resources commission.

N.

"Work" means any construction, reconstruction, rehabilitation, restoration, remodeling or demolition of a historic resource.

O.

"Work permit" means a permit issued pursuant to this title, allowing work to be done on a historic resource.

(Ord. 2785 Exh. A (part), 2001: Ord. 2598 § 1(B), 1993; Ord. 2389 § 1 (part), 1986)

(Ord. No. 3121, § 21, 8-25-20)

Article II. - Designation of Historic Landmarks and Districts

18.84.050 - Designation criteria for historic landmarks.

A historic resource shall be designated a historic landmark if the council finds that it meets the criteria for listing on the National Register of Historic Places or the California Register of Historical Resources; or meets one or more of the following criteria:

A.

It is particularly representative of a distinct historical period, type, style, region or way of life;

B.

It is connected with someone renowned, important, or a local personality;

C.

It is connected with a use that was once common, but is now rare;

D.

It represents the work of a master builder, engineer, designer, artist or architect whose individual genius influenced his/her age;

E.

It is the site of an important historic event or is associated with events that have made a meaningful contribution to the nation, state or city;

F.

It exemplifies a particular architectural style;

G.

It exemplifies the best remaining architectural type of a neighborhood;

H.

It embodies elements of outstanding attention to architectural or engineering design, detail, material or craftsmanship; or

I.

It has a unique location, singular characteristic or is an established and familiar visual feature of a neighborhood, community or the city.

(Ord. 2785 Exh. A (part), 2001: Ord. 2598 § 1(C), 1993; Ord. 2389 § 1 (part), 1986)

A neighborhood consisting primarily of historic resources, or the thematic grouping of same, shall be designated a historic district if the council finds that it meets one or more of the following criteria:

A.

It meets the criteria for a historic landmark;

B.

It contributes to the architectural, historic or cultural significance of an area, being a geographically definable area possessing a concentration of historic resources or a thematically related grouping of structures which contribute to each other and are unified by plan, style or physical development; or

C.

It reflects significant geographical patterns, including those associated with different eras of settlement and growth, particular transportation modes or distinctive examples of a park landscape, site design or community planning.

(Ord. 2785 Exh. A (part), 2001)

18.84.070 - Application for nomination.

Any person or group, including the city, may nominate a historic resource(s) for designation as a historic landmark or district by submitting an application to the planning department. Applications shall include, but are not limited to, submittal of the following:

A.

Documentation indicating how the nominated resource satisfies the designation criteria;

B.

Any other information determined to be necessary for review of the proposed work; and

C.

Required filing fees, as set by council resolution. City initiated nominations are not subject to filing fees.

(Ord 2785 Exh. A (part), 2001)

18.84.080 - Eligibility for designation.

A.

Any improvement surveyed and identified by the city, in conformance with state survey standards and guidelines, and/or found to be worthy of consideration for designation by the majority vote of the commission and/or council at public hearing, shall be placed on the city's list of historic resources and shall be eligible for nomination.

B.

The secretary may remove a resource from the eligibility list when he/she finds that it has lost all historical, architectural and/or cultural significance due to catastrophe, demolition or extensive alterations performed after the property was initially surveyed. Any request for removal from the eligibility list that does not meet the criteria listed in this subsection shall require review by the commission.

(Ord. 2785 Exh. A (part), 2001)

A.

Each application or city initiated proceeding for designation shall be considered by the commission at a public hearing. The secretary shall set the time and place of such hearing. Any such hearing may be continued from time to time.

B.

Notice of the time, place and purpose of such hearing shall be given in writing by the secretary to the owners and occupants of the subject and adjacent properties. To include all properties within one hundred feet of the property boundary, and at a minimum, fourteen properties surrounding the project, whichever is greater:

1.

For typical lots, two properties on either side of a subject parcel, five properties behind and five properties across the street from a project.

2.

For corner lots, two properties on interior side of a subject parcel, three properties in front and behind and five properties across the opposite street from a project.

3.

For unusual circumstances, the director of community development shall have the ability to modify the notification requirements.

C.

Following the hearing, the commission shall recommend to the council approval or disapproval of the proposal for designation.

(Ord. 2785 Exh. A (part), 2001)

(Ord. No. 3019, § 4, 3-25-14)

The sole authority to designate a historic resource as a historic landmark or district shall be vested in the council, in accordance with the following:

A.

Within ten days of the recommendations, the secretary shall send a copy to the clerk. The clerk shall set a hearing at which the council shall consider the recommendation of the commission. The applicant and owner of the property shall be given notice of the time and place of the council hearing at least ten days prior to the hearing date, together with a copy of the commission's recommendation to the council.

B.

Following the hearing referred to in Section 18.84.100, the council shall adopt or reject the designation recommended by the commission. In the alternative, the council may continue its consideration of the matter, or refer the proposed designation to the commission for further consideration within a period of time designated by the council.

C.

Adoption of the designation of a historic resource shall be made by resolution.

D.

Within ten days of the council's decision, notice thereof shall be mailed by the clerk to the applicant and record owner of the property proposed for designation.

(Ord. 2785 Exh. A (part), 2001: Ord. 2598 § 1(C), 1993; Ord. 2389 § 1 (part), 1986)

18.84.110 - Local official register.

Resolutions adopting designations of historic resources shall collectively be known as the local official register of historic resources. the local official register shall be kept on file with the secretary, who shall transmit copies to the clerk, the director of building and safety, the director of public works, the executive director of the city of Whittier Museum, the president of the Whittier historical society, and the main branch of the city of Whittier library.

(Ord. 2785 Exh. A (part), 2001: Ord. 2389 § 1 (part), 1986)

When a listed historic resource has been demolished pursuant to the provisions of this code, the secretary, upon notice thereof, shall cause such structure to be deleted from the local official register. upon such deletion, the provisions of this chapter shall have no further application to such property.

(Ord. 2785 Exh. A (part), 2001: Ord. 2389 § 1 (part), 1986)

The commission shall take appropriate steps to notify all public agencies and public utilities which own or may acquire property, including easements and public rights-of-way in the city, of the existence of historic landmarks and historic districts.

(Ord. 2785 Exh. A (part), 2001: Ord. 2389 § 1 (part), 1986)

The provisions of a disposition and development agreement or owner participation agreement, approved and entered into by the city of Whittier redevelopment agency, may contain provisions superseding the provisions of this chapter.

(Ord. 2785 Exh. A (part), 2001: Ord. 2389 § 1 (part), 1986)

Article III. - Certificate of Appropriateness— Economic Hardship

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

No permit shall be issued for work on a historic resource until a certificate of appropriateness or waiver has been issued in accordance with the provisions of this chapter.

A certificate of appropriateness shall be required for any:

A.

Alteration, addition, restoration, rehabilitation, remodeling, demolition or relocation of a historic resource. approval of such work shall be required even if the city requires no other permits.

B.

Work to the exterior of any non-contributing resource within a historic district. reasonable efforts shall be made to produce compatibility with the character of the district, and in no event shall there be a greater deviation from existing compatibility.

C.

Infill construction within a historic district.

D.

New improvements within a historic district.

Once a certificate of appropriateness has been issued, the secretary shall, from time to time, inspect the work to ensure that the work complies with the approved certificate of appropriateness.

(Ord. 2785 Exh. A (part), 2001)

All applications shall be filed with the planning department. The applicant is encouraged to confer with the planning department prior to application submittal.

All applications shall include:

A.

Plans and specifications showing the proposed exterior appearance;

B.

Materials and colors to be used on the exterior of the resource;

C.

Relationship of the proposed work to the surrounding environment, if necessary;

D.

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

E.

Any other information determined to be necessary for review of the proposed work; and,

F.

Required fee(s), as set by council resolution.

(Ord. 2785 Exh. A (part), 2001)

18.84.170 - Certificate of appropriateness review.

The secretary shall review all proposed work on any historic resource to determine if a certificate of appropriateness is required.

A.

If the secretary determines the proposed work is consistent with the historic preservation guidelines set forth in this chapter, a waiver shall be issued.

B.

If the secretary determines the proposed work is not consistent with the historic preservation guidelines, a certificate of appropriateness shall be required.

C.

Determinations by the secretary shall be made within thirty days of submittal of a complete application.

D.

Appeal of the secretary's action shall be made in writing to the planning director within ten days of said determination.

(Ord. 2785 Exh. A (part), 2001)

When alterations, restorations, rehabilitations, remodeling and additions to historic resources are accomplished in substantial accord with the guidelines set forth in this section, as determined by the secretary, a certificate of appropriateness from the commission is not required prior to issuance of a building permit. Those alterations may include, but are not limited to, the following, if no significant change in appearance occurs or the proposed change restores period features:

A.

Roofing;

B.

Foundation;

C.

Chimney;

D.

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

E.

Demolition, alteration or reconstruction of front yard fences;

F.

Landscaping, unless the landmark designation specifically identifies the landscape, layout, features, or elements as having particular historical, architectural, or cultural merit;

G.

Demolition or alteration of non-contributing signs; and

H.

If the new construction is accomplished in accordance with the historic preservation guidelines set forth in this section, and the respective design guidelines and do not destroy any significant architectural features of the resource, then the following are allowed: (1) demolition or alteration of non-contributing signs; (2) accessory structures or additions under five hundred square feet, when not visible from a public right-ofway; (3) conversion of any existing structure into an accessory dwelling unit or junior accessory dwelling unit if the conversion meets the requirements of Municipal Code section 18.10.020(l)(5)(G); and (4) accessory dwelling units of 800 square feet or less that are not visible from a public right-of-way if the conversion meets the requirements of Municipal Code section 18.10.020(l)(5)(G).

(Ord. 2785 Exh. A (part), 2001)

(Ord. No. 3116, § 15, 5-26-20)

If a certificate of appropriateness is required for a historic resource, the following procedures shall apply:

A.

The secretary shall review all applications.

B.

The secretary shall determine the completeness of the application within thirty days.

C.

Once an application is determined complete, it shall be scheduled for the next commission meeting, allowing for public noticing requirements in conformance with Section 18.84.090.

D.

The secretary shall make a recommendation in writing that includes findings of fact relating to the criteria established in this section. The secretary shall transmit its recommendation to the commission, the property owner(s), and the applicant.

E.

The commission, within thirty days of receipt of the recommendation, shall approve or disapprove the application citing the findings of fact that constitute the basis for its decision.

F.

The applicant shall be notified of the commission's decision by mail within ten days.

(Ord. 2785 Exh. A (part), 2001)

The following findings shall be made for all certificate of appropriateness applications other than those involving demolition, which shall adhere to Section 18.84.21.

The proposed alteration, restoration, relocation or construction, in whole or in part, will not:

A.

Detrimentally change, destroy or adversely affect any significant architectural feature of the resource;

B.

Detrimentally change, destroy or adversely affect the historic character or value of the resource;

C.

Be incompatible with the exterior features of other improvements within the district;

D.

Adversely affect or detract from the character of the district.

(Ord. 2785 Exh. A (part), 2001)

18.84.210 - Certificate of appropriateness demolition findings of fact.

A certificate of appropriateness for demolition of a historic resource may be issued upon the commission's finding that it, in whole or in part, is necessary because:

A.

All efforts to restore, rehabilitate, and/or relocate the resource have been exhausted;

B.

Restoration/rehabilitation is not practical because the extensive alterations required would render the resource not worthy of preservation;

C.

Failure to demolish the resource would adversely affect or detract from the character of the district; or

D.

The applicant has obtained a certificate of economic hardship, in accordance with Section 18.84.220.

(Ord. 2785 Exh. A (part), 2001)

18.84.220 - Certificate of economic hardship requirement.

A certificate of economic hardship process is established to ensure that denial of a certificate of

appropriateness does not create any undue hardship upon the owner of a historic resource. No action shall be taken to demolish a historic resource for a period thirty days following the issuance of a certificate of economic hardship.

(Ord. 2785 Exh. A (part), 2001)

18.84.230 - Certificate of economic hardship application.

All applications shall be filed with the planning department. The applicant is encouraged to confer with the planning department prior to application submittal.

All applications shall include:

A.

Cost estimate of the proposed construction, addition, alteration, demolition or relocation;

B.

Cost estimate of the additional cost(s) that would be incurred to comply with the recommendations of the commission for issuance of a certificate of appropriateness;

C.

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;

D.

The estimated market value of the property in its current condition;

E.

The estimated market value of the property after completion of the proposed construction, alteration, demolition or relocation;

F.

The estimated market value of the property after any condition recommended by the commission;

G.

In the case of demolition, the estimated market value of the property after renovation of the existing property for continued use;

H.

In the case of 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;

I.

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;

J.

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

K.

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

L.

The amount paid for the property if purchased within the previous thirty-six 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;

M.

Any listing of the property for sale, rent, price asked and offers received, if any, within the previous two years;

N.

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;

O.

Required fee(s), as set by council resolution.

(Ord. 2785 Exh. A (part), 2001)

18.84.240 - Certificate of economic hardship procedure.

If a certificate of economic hardship is required for a historic resource, the procedure for a certificate of appropriateness shall apply, with the exception that the previous requirement for findings be substituted with the following certificate of economic hardship findings of fact requirement.

(Ord. 2785 Exh. A (part), 2001)

The following findings shall be made for approval of all certificate of economic hardship applications.

A.

Denial of the application will diminish the value of the subject property so as to leave substantially no value.

B.

Sale or rental of the property is impractical, when compared to the cost of holding such property for uses permitted in this zone.

C.

An adaptive reuse study has been conducted and found that utilization of the property for lawful purposes is prohibited or impractical.

D.

Rental at a reasonable rate of return is not feasible.

E.

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

F.

All means involving city sponsored incentives, such as transfer of development rights, tax abatements, financial assistance, building code modifications, changes in the zoning ordinance, loans, grants and reimbursements, have been explored to relieve possible economic disincentives.

(Ord. 2785 Exh. A (part), 2001)

18.84.260 - Certificate of appropriateness—Economic hardship extension.

A certificate of appropriateness or economic hardship shall lapse and become void one year from the date of approval, unless a building permit (if required) has been issued and work authorized by the certificate has commenced prior to such expiration date and is diligently pursued to completion.

Upon request of the property owner, the secretary may extend a certificate for an additional period of one year. The secretary may approve, approve with conditions, or deny any request for extension.

(Ord. 2785 Exh. A (part), 2001)

18.84.270 - Certificate of appropriateness—Economic hardship revocation.

A certificate of appropriateness or economic hardship may be revoked or modified due to:

A.

Noncompliance with any terms or conditions of the certificate;

B.

Noncompliance with any provision in this chapter; or

C.

A finding of fraud or misrepresentation used in the process of obtaining the certificate.

(Ord. 2785 Exh. A (part), 2001)

18.84.280 - Certificate of appropriateness—Economic hardship revocation procedures.

The following revocation proceedings may be initiated by any member of the commission.

A.

Once revocation proceedings have been initiated, work being done relative to the certificate shall be immediately suspended until a final determination by the commission can be made.

B.

Once revocation proceedings have been initiated, it shall be scheduled for the next commission meeting, allowing for public noticing requirements in conformance with Section 18.84.090.

C.

The certificate holder shall have an opportunity to be heard at the commission revocation meeting.

D.

The commission, within sixty days of initiation of the proceedings, shall act to revoke or continue the certificate.

E.

The applicant shall be notified of the commission's decision by mail within ten days.

F.

Upon revocation, all activity shall cease, and associated permits shall be revoked.

(Ord. 2785 Exh. A (part), 2001)

A.

Any decision denying an application for a certificate/work permit may be appealed to the council not later than fifteen days following the giving of notice of decision. Such appeal shall be taken by filing a written notice of appeal with the clerk, along with an appeal fee as set by council resolution.

B.

The clerk shall cause the appeal to be set for hearing before the council within thirty days of receipt of the notice of appeal. The clerk shall give the appellant and all persons requesting the same at least ten days' written notice of the time and place of the appeal hearing.

C.

Following its de novo consideration of the appeal, the council shall approve, approve with modifications, or disapprove the application.

(Ord. 2785 Exh. A (part), 2001: Ord. 2389 § 1 (part), 1986)

Article IV. - Mills Act Agreement

A Mills Act contract process is established to provide economic incentives for the preservation of a designated historic landmark or contributing structure within a designated historic district.

All designated historic landmarks, contributing structures in designated historic districts and properties listed on the National Register of Historic Places or the California Register of Historic Resources are eligible for Mills Act contracts, pursuant to the provisions of Government Code Title 5, Division 1, Part 1, Chapter 1, Article 12 (Government Code § 50280 et seq.), or any successor statutes.

All Mills Act contracts shall comply with the provisions listed in Section 50281 of the California Government Code, which includes, but is not limited to, the following:

A.

The term of the contract shall be for a minimum of ten years.

B.

The owner shall comply with the U.S. Secretary of the Interior's Standards for Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings and the State Historic Building Code.

C.

The owner shall agree to periodic inspections to determine the owner's compliance with the contract.

D.

The agreement shall be binding upon, and insure to the benefit of, all successors in interest of the owner.

E.

The secretary shall send notice to the State Office of Historic Preservation within six months of entering into the contract.

(Ord. 2785 Exh. A (part), 2001)

(Ord. No. 3121, § 22, 8-25-20)

18.84.310 - Mills Act agreement application.

All applications shall be filed with the planning department. The applicant is encouraged to confer with the planning department prior to application submittal.

All applications shall include:

A.

A copy of an updated title report for the property;

B.

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;

C.

A financial analysis form showing current property taxes and estimated taxes for the property under a Mills Act agreement; and

D.

Required fee(s), as set by council resolution.

(Ord. 2785 Exh. A (part), 2001)

18.84.320 - Mills Act agreement procedure.

A.

The secretary shall review all applications.

B.

The secretary shall determine the completeness of the application within thirty days of receipt of such.

C.

Once an application is determined complete, it shall be scheduled for the next commission meeting, allowing for public noticing requirements in conformance with Section 18.84.090.

D.

The commission shall make a recommendation in writing and transmit such to the council, the property owner(s), and the applicant.

E.

The council, within sixty days of receipt of the recommendation from the commission, shall approve or deny the application.

F.

The applicant shall be notified of the council's decision by mail within ten days.

(Ord. 2785 Exh. A (part), 2001)

A Mills Act contract shall be a perpetual ten year contract that automatically renews annually. Either party may file a request for non-renewal by written notice.

(Ord. 2785 Exh. A (part), 2001)

A Mills Act contract may be cancelled or modified if due to:

A.

Owner's written request to the secretary at any time;

B.

Noncompliance with any terms or conditions of the contract;

C.

Noncompliance with any provision in this chapter; or

D.

A finding of misrepresentation or fraud used in the process of obtaining the contract.

(Ord. 2785 Exh. A (part), 2001)

18.84.350 - Mills Act agreement cancellation procedure.

Cancellation proceedings may be initiated by any member of the commission.

A.

Once cancellation proceedings have been initiated, it shall be scheduled for the next commission meeting, allowing for public noticing requirements in conformance with Section 18.84.090.

B.

The commission shall make a recommendation to the council. The commission shall transmit its recommendation to the council, and the property owner(s).

C.

Council, within sixty days of initiation of the proceedings, shall cancel or continue the contract.

D.

The property owner shall be notified of the council's decision by mail within ten days.

(Ord. 2785 Exh. A (part), 2001)

18.84.360 - Mills Act agreement cancellation fee.

If a Mills Act contract is cancelled, a cancellation fee equal to twelve and one-half percent of the current fair market value shall be assessed.

(Ord. 2785 Exh. A (part), 2001)

Article V. - Maintenance and Demolition

18.84.370 - Duty to keep in good repair.

The owner, or other person in charge of a historic resource, has a duty to keep in good repair all of the exterior features of such resource and all interior features thereof which, if not maintained, may cause or tend to cause the exterior features of such resource to deteriorate, decay become damaged or fall into a state of disrepair.

A certificate of appropriateness shall not be issued for the demolition of a historic resource because of the failure of the owner to comply with the provisions of this section.

It shall be the duty of the director of building and safety to enforce this section with guidance from the commission.

All historic resources shall be preserved against such decay and be kept free from structural defects through the prompt repair of any of the following:

A.

Facades that may fall and injure a member of the public or property;

B.

Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports;

C.

Members of ceilings, roofs and roof supports or other horizontal members which age, split or buckle due to defective material or deterioration;

D.

Deteriorated or insufficient waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors;

E.

Defective or insufficient weather protection for exterior wall covering, including lack of paint or weathering due to lack of paint or other protective covering; and

F.

Any fault or defect which renders it not properly watertight or structurally unsafe.

(Ord. 2785 Exh. A (part), 2001)

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

(Ord. 2785 Exh. A (part), 2001)

18.84.390 - Enforcement and penalties.

A.

Any person who violates a requirement of this chapter or fails to obey an order issued by the commission or comply with a condition of approval of any certificate or permit issued under this chapter shall be guilty of a misdemeanor. Each day that such failure continues shall constitute a separate violation.

B.

Any alteration or demolition of a historic resource in violation of this chapter is expressly declared to be a nuisance and shall be abated by restoring or reconstructing the property to its original condition prior to the violation. Any person or entity that demolishes or substantially alters or causes substantial alteration or demolition of a structure, in violation of the provisions of this chapter, shall be liable for a civil penalty.

C.

Alteration or demolition of a historic resource in violation of this chapter shall authorize the city to issue a temporary moratorium for the development of the subject property for a period not to exceed twenty-four months from the date the city becomes aware of the alteration or demolition in violation of this chapter. The purpose of the moratorium is to provide the city an opportunity to study and determine appropriate mitigation measures for the alteration 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 as determined by the planning department and/or commission shall be imposed as a condition of any subsequent permit for development of the subject property.

D.

In the case of demolition, the civil penalty shall be equal to one-half the assessed value of the historic resource prior to the demolition. In the case of alteration, the civil penalty shall be equal to one-half the cost of restoration of the altered portion of the historic resource. Once the civil penalty has been paid, building and construction permits and/or a certificate of occupancy may be issued.

E.

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 structure demolished, partially demolished, altered or partially altered in violation of this chapter.

(Ord. 2785 Exh. A (part), 2001)

Demolition, wholly or partially, of a historic resource without issuance of a certificate of appropriateness is prohibited unless it is determined that an unsafe or dangerous condition exists, in which case, the secretary shall, upon an assessment and recommendation of the director of building and safety, certify to the commission that such a condition exists and cannot be rectified through the use of the California State Historic Building Code.

In such a case, a certificate of appropriateness shall not be required.

(Ord. 2785 Exh. A (part), 2001)

For non-listed, eligible or designated structures at least fifty years old, the following procedure shall be completed prior to issuance of a demolition permit.

A.

The applicant shall submit a request for review to the secretary.

B.

The secretary shall determine the potential significance of the structures and make one of the following determinations:

1.

The structure does not qualify for designation eligibility in accordance with the provisions of this chapter; or

2.

The structure does qualify for designation eligibility and the request is forwarded to the commission for majority consent, a determination of eligibility, or nomination, in accordance with the provisions of this chapter.

(Ord. 2785 Exh. A (part), 2001)

A.

A certificate of appropriateness shall not be issued for the demolition, in whole or in part, of a historic resource unless a plan for a replacement improvement has been approved through the appropriate development review process.

B.

No permit shall be issued for the demolition, in whole or in part, of a historic resource unless a permit has been issued for a replacement improvement, unless demolition is required in conformance with Section 18.84.400.

(Ord. 2785 Exh. A (part), 2001)

A.

New improvements constructed within a historic district shall be designed to be compatible with the architectural style, features and historic character of the district.

B.

New structures shall be compatible with the original style of the contributing resources within a historic district. The design of the new structure shall incorporate the following considerations:

1.

The design shall incorporate the design features and details of contributing resources.

2.

The height, width, and length of the new structure shall be consistent with the original characteristic of the contributing resources.

3.

The average massing, setbacks and arrangement of the contributing resources shall be respected.

4.

The exterior materials, treatment and application shall be similar to the contributing resources.

(Ord. 2785 Exh. A (part), 2001)

Article VI. - Historic Preservation

The California State Historic Building Code (SHBC) provides alternative building regulations for the rehabilitation, preservation, restoration, or relocation of structures surveyed and identified as a historic resource. The SHBC shall be used for any historic resource in the city's building permit procedure.

(Ord. 2785 Exh. A (part), 2001)

Preservation easements on the facades of buildings designated as historic resources may be acquired by the city, or on the city's behalf, by a nonprofit group designated by the city through purchase, donation, or condemnation pursuant to California Civil Code 815.

(Ord. 2785 Exh. A (part), 2001)

In order to ensure that the city's historic resources are preserved for future generations, the following guidelines have been developed to assist owners in the preservation, rehabilitation, protection and maintenance of their historic resources. The guidelines are adapted from the United States Department of

the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings.

Additions

Using the existing structure.

Conversions of basements and attics to habitable space are the most preferred way of adding square footage. Dormers shall be introduced, where appropriate, to facilitate conversions. Small bays if strategically spaced and in keeping with the overall design of the house, can accommodate more habitable space while maintaining the integrity of the overall design.

New construction.

All new construction shall be consistent with the existing structure. Large additions should be placed at the rear or side of structures to minimize visual impacts. New additions should be handled in one of two ways:

A seamless addition that forms a new dominant structure mass consistent with the historic style and uses materials and architectural designs indistinguishable from what exists;

An accented addition that expresses a new structure projection as an additive element, reinforcing the identity of the original structure, and is made from compatible, but not necessarily identical, materials.

New construction along the front of a structure should generally maintain the proportion and arrangement of openings, projections, and other features.

Upper-story additions are discouraged unless they are consistent with the original design and character of the house style.

The architectural style shall be consistent with the original structure and shall use material similar to those used on the main structure, including siding treatment, windows, doors, trim, roof pitch, etc.

Details on the addition shall match the architectural details on the original structure, such as lattice work, projecting beams, etc.

Garages and other Accessory Structures

Garages and other accessory structures shall be consistent with the historic character of the main structure.

The architectural style shall be consistent with the main structure and shall use material similar to those used on the main structure, including siding treatment, windows, doors, trim, roof pitch, etc.

Details on the accessory structure shall match the architectural details on the main structure such as lattice work, projecting beams, etc.

Garages shall be located to the rear of the property and detached from the main structure.

Wood Siding and Architectural Details

Preservation.

All original wood siding and architectural details should be identified, retained and preserved.

All wall coverings that hide original wood siding and architectural details should be removed.

Protection.

All causes of wood siding and architectural detail deterioration should be identified, evaluated and treated. Causes include:

Faulty flashing

Leaking gutters

Breaks and cracks

Open joints

Deteriorated caulking and sealants

Insect or fungus infestation

Deteriorated coating, such as paint or stain

Cleaning.

All deteriorated paint or stain should be removed by the gentlest method possible:

Hand scraping

Hand sanding

Hot air heat guns

Chemical strippers

Paint shall not be removed by the following methods:

Propane butane torches

Sandblasting

Water blasting

All wood surfaces that have had paint or stain removed shall be given new coatings to protect the wood.

Repairs.

All deteriorated wood elements that cannot be repaired shall be removed.

All removed wood elements shall be replaced with new wood details that match the size, shape and profile of the original element.

==> picture [240 x 133] intentionally omitted <==

Craftsman Style Home

Concrete Walls

Preservation.

All original finish materials and coatings that have been applied should be identified, retained and preserved.

All original finish materials and coatings that have been applied should be identified.

Protection.

All causes of concrete deterioration should be identified, evaluated and treated. Causes include:

Exposed steel reinforcing members or metal ties that are rusting

Cracked broken concrete

Flat surfaces that permit water to penetrate concrete

Faulty flashing

Leaking gutters

Cleaning

All concrete walls shall be cleaned with gentle methods that will not damage the plaster finish or concrete surface:

Water and detergents applied with natural bristle brushes

Low water pressure

After adequate testing, the following cleaning methods may be permitted:

Liquid chemical cleaners that do not damage the concrete or cause ecological damage

High pressure water

Paint removal strippers

The following cleaning method is not permitted:

Sandblasting

Repairs

All rusted steel reinforcing and metal ties shall be removed.

All broken and loose concrete shall be removed.

All concrete shall be patched using appropriate repair procedures.

All original finish materials shall be repaired.

Replace Missing Concrete Details

All missing or broken concrete details shall be replaced with new details that match the size, shape, color and texture of the original detail.

==> picture [235 x 156] intentionally omitted <==

Victorian Style Home

Masonry Walls

Preservation

All original exterior masonry walls should be identified, retained and preserved.

All finish materials and coatings that have been applied should be identified.

Protection

All causes of concrete deterioration should be identified, evaluated and treated. Causes include:

Deteriorated roofs

Insufficient drainage

Deferred pointing

Application of coatings and finish materials

Faulty flashing

Leaking gutters

Cleaning

All concrete walls shall be cleaned with gentle methods that will not damage the masonry or mortar:

Water and detergents applied with natural bristle brushes

Low water pressure

After adequate testing, the following cleaning methods may be permitted:

Liquid chemical cleaners that do not damage the masonry or mortar or cause ecological damage

High pressure water

Paint removal strippers

The following cleaning methods are not permitted:

Sandblasting

Acid wash on limestone and marble

Metal bristle brushes

Prior to initiating the work, all cleaning procedures should be tested to ensure that the masonry will not be damaged.

Pointing Repair

Deteriorated pointing will be repaired when it is identified.

Deteriorated mortar will be removed using hand tools.

Power tools shall not be used to remove deteriorated pointing.

The new mortar should match the strength of the original.

The new mortar should match the color, texture and style of the original mortar.

The new pointing shall match the width and profile of the original.

Repairing the Masonry

Masonry units shall be replaced with new masonry units that match the size, texture and color of the original material.

Broken masonry units should be patched rather than replaced.

Replacing Masonry

All missing or broken masonry units that cannot be repaired shall be replaced with masonry units that match the size, shape, color and texture of the original detail.

Architectural Metals

Preservation

All original metal architectural features should be identified, retained and preserved.

Metal architectural features that are important in defining the historic character of the historic resource shall not be removed.

Protection

All causes of metal corrosion should be identified, evaluated and treated. Causes include:

Exposing bare metal to water and moisture

Deterioration of protective coatings

Galvanic action between two incompatible metals

Cleaning Non-Ferrous Materials and Alloys

The type of metal material shall be identified in order to determine the type of cleaning to be used.

Non-ferrous metals (lead, tin, copper, zinc) whose natural patina should be preserved shall be identified.

Non-ferrous materials with a natural patina shall be cleaned using gentle methods in order to clean the surface without damaging the patina or coating.

Alloys that may require protective coatings shall be identified.

A gentle cleaning method that will not abrade the protective coating shall be used.

Cleaning Ferrous Metals

The type of ferrous material (cast iron, wrought iron, steel) shall be identified.

The type of coating and condition of metal shall be determined.

Hand scraping shall be used to remove corrosion and deteriorated paint.

Low pressure grit blasting may be used to remove corrosion and coatings when hand scraping is ineffective.

Cleaned ferrous metals should be painted immediately with a corrosive resistant coating.

Repair

Metal features that are broken or dented shall be repaired.

Metal features that are broken or dented shall not be replaced.

Replacement

Metal features that are too deteriorated to be repaired should be replaced.

The original metal feature shall be used as a model for the new feature.

Missing features shall not be replaced with details that do not convey the same visual appearance.

==> picture [222 x 168] intentionally omitted <==

Spanish/Mediterranean Revival Style Home

Exterior Plaster (Stucco)

Preservation

All original exterior plaster features should be identified, retained and preserved.

Original exterior plaster features that are important in defining the overall historic character of the historic resource shall not be removed.

Technologically advanced paints and finishes that preserve cracked or damaged plaster shall be used when the original plaster is salvageable.

Protection

All causes of plaster deterioration should be identified, evaluated and treated. Causes include:

Leaking roofs

Faulty flashing

Leaking gutters

Broken concrete substrate

Deteriorated or rusted metal lath

Deteriorated wood members

Cleaning

All plaster shall be cleaned with gentle methods that will not damage the plaster:

Water and detergent

Soft natural bristle brushes

The following cleaning methods are not permitted:

Sandblasting

High pressure water

Repairs

All types of deterioration shall be identified:

Spalling plaster

Broken plaster

Cracked plaster

Missing plaster details

All deteriorated substrate material shall be removed.

All plaster shall be patched using industry approved repair procedures and materials.

Where a large area of plaster needs to be replaced, the adjacent panel should be completely replaced in order to avoid a patched appearance.

==> picture [222 x 144] intentionally omitted <==

Half-timbered Tudor Style House

Roofs

Preservation

All original character defining features of the roof should be identified, retained and preserved.

Shape

Slope

Roofing materials

Decorative details

Any original defining features that have been removed or altered should be identified.

The character defining features of the roof shall not be altered.

Sound character defining features of the roof should be preserved.

Protection

All causes of roof deterioration should be identified, evaluated and treated. Causes include:

Blocked drains and gutters

Moisture condensation

Faulty flashing

Overhanging tree limbs

Insect and fungus infestation

Deteriorated roofing material

Faulty application of roof fasteners

Deteriorated fasteners

Repairs

All features shall be repaired with similar materials.

Replacement

All features that are not repairable shall be replaced.

The deteriorated elements of the roof should be replaced with new material that preserves the overall shape and slope of the roof.

Materials that do not convey the visual appearance of the original roof shall not be used.

Additions to Buildings

Roofs over additions should retain the character defining features of the original roof.

Additions to Original Roofs

Mechanical or solar collection should be installed so that they are not visible from the public right-of-way

Downspouts

Unless an original decorative feature on a house, downspouts should be located in an inconspicuous place, such as the corner, side or back of a building.

Doors

Preservation

All original character defining features of doors should be identified, retained and preserved.

Frames

Jambs

Door

Transoms

Sills

Trim

Screen door

Fan lights and sidelights

Doors that are important in defining the overall historic character of the building shall not be removed or radically changed.

The pattern of the door shall not be changed.

The historic appearance of doors shall not be changed through the use of inappropriate design, materials, finishes or color.

Original fittings on doors shall not be stripped.

Protection

All causes of deterioration should be identified, evaluated and treated. Causes include:

Weathering due to paint deterioration

Rusting due to paint deterioration

Sealant and caulking deterioration

Repairs

Original broken door detail should be repaired.

When repair of material or missing parts is appropriate, the entire door shall not be replaced.

Replacement

When a door can no longer be repaired, or is missing, it should be replaced with a new door that matches the original.

Character defining doors should not be replaced with new doors that do not convey the same visual appearance of the original.

Doors in Additions to the Original Structures

New doors in additions to the original structures should be compatible with the overall design of the original structures, but need not duplicate the pattern of the original doors.

Windows

Preservation

All original character defining features of windows should be identified, retained and preserved.

Frames

Heads

Sills

Trim

Jambs

Muntins

Shutters

Awnings

Sash

Glazing

Blinds

Screens

Windows that are important in defining the overall historic character of the structure shall not be removed or radically changed.

==> picture [220 x 145] intentionally omitted <==

California Bungalow Style Home

The number, location, size or glazing pattern of windows shall not be changed.

The historic appearance of windows shall not be changed through the use of inappropriate design, materials, finishes or color. Window trim should not be obscured with other materials.

Original fittings on windows shall not be stripped.

Protection

All causes of deterioration should be identified, evaluated and treated. Causes include:

Water penetration

Weathering due to paint deterioration

Rusting due to paint deterioration

Sealant and caulking deterioration

Repairs

Original broken window features should be repaired.

When repair of material or missing parts is appropriate, entire windows shall not be replaced.

Replacement

When a window can no longer be repaired, or is missing, it should be replaced with a new window that matches the original.

Character defining windows should not be replaced with new windows that do not convey the same visual appearance of the original.

Windows in Additions to the Original Structures

New windows in additions to the original structures should be compatible with the overall design of the original structures, but not duplicate the fenestration pattern and detailing of the original windows.

Entrances and Porches

Preservation

All original entrances or porches, including doors, entablatures, columns, balustrades and stairs should be identified, retained and preserved.

If replacement is necessary, the proportion and composition of original design should be retained, preferably by using traditional moldings and balusters.

An entrance or porch shall not be removed in order to reorient the structure for a new use.

Columns and railings for porches, stoops and front steps should be substantial looking and not be replaced with pipes, wrought iron or "ranch-style" members.

Brick stairs are rarely appropriate; wood stairs are most appropriate to late victorian and classical revival houses.

New entrances shall not be cut into the primary façade.

Utilitarian or service entrances shall not be altered so they appear to be the formal entrance.

Protection

All causes of deterioration should be identified, evaluated and treated. Causes include:

Water penetration

Weathering due to paint deterioration

Rusting due to paint deterioration

Sealant and caulking deterioration

Repairs

The historic materials used in the character defining features should be repaired.

Original materials should be used for repairs or substitute materials that are compatible.

Substitute materials or features that do not convey the visual appearance of the original features shall not be used.

Replacement

When an entrance or porch can no longer be repaired, or is missing, it should be replaced with a new entrance or porch that conveys the same visual appearance.

A New Entrance or Porch on Additions to the Original Structure

A new entrance or porch should be designed to be compatible to the original structures.

Storefronts

Preservation

All original storefronts should be identified, retained and preserved.

Bulkhead

Window frame

Door transom

Recessed ceiling

Lighting

Wall material Display window

Door

Awnings

Recessed paving

Parapets

The original features of the storefront shall not be removed.

The location of the storefront main entrance shall not be changed.

The original configuration of the storefront shall not be altered.

Inappropriate materials shall not be added over original ones.

Protection

All causes of deterioration on the storefront should be identified, evaluated and treated. Causes include:

Water penetration

Weathering due to paint deterioration

Rusting due to paint deterioration

Sealant and caulking deterioration

Historic materials shall not be stripped from the storefront.

Repairs

The historic materials used in the character defining features of the storefront should be repaired.

Original materials or substitute materials that are compatible should be used for repair.

Materials or features that do not convey the visual appearance of the original features should not be substituted.

Replacement

If there is insufficient information about the original appearance of the storefront, it should be rebuilt using a new design whose size, scale, style, detail and color are compatible with the original appearance.

When a storefront can no longer be repaired, or is missing, replace it with a reconstructed storefront based on the available historical, pictorial and physical documentation of that storefront or similar storefront, if no such documentation is available.

A new design that is incompatible in size, scale, material, style and color with the original appearance is not allowed.

Significant Interior Space Features and Finishes

Preservation of Interior Spaces

A floor plan or significant interior spaces that are important in defining the overall historic character of the structure should be identified, retained and preserved.

Size

Proportions

Configuration

Relationship of rooms

Individual room or space

Relationship of features to spaces or rooms

The floor plan or significant interior spaces that are important in defining the overall historic character of the structure shall not be radically changed.

Interior space should not be altered or destroyed by inserting floors, cutting through floors, lowering ceilings, or adding or removing walls.

A feature should not be relocated so that a historic relationship between the feature and the related interior space is altered.

Preservation of Interior Features and Finishes.

Interior features and finishes that are important in defining the overall historic character of the historic resource should be identified, retained and preserved.

Features and finishes that are important in defining the overall historic character of the historic resource shall not be removed or radically changed.

New features or finishes that obscure the character defining features of the historic resource should not be applied.

Protection.

All causes of deterioration should be identified, evaluated and treated. Causes include:

Surface dirt;

Moisture penetration from the exterior;

Insect and fungus infestation;

Excessive moist or dry air;

Vandalism;

Improper cleaning procedures;

Excessive use.

The original features and finishes should be protected from inappropriate changes:

Removal of original features;

Replacement of original features;

Repainting of original finishes;

Introduction of new mechanical, plumbing and electrical systems that cause damage when they are installed.

Repairs.

Deteriorated features or finishes should be repaired using the same or compatible materials.

Repairs shall not be made with incompatible materials.

Replacement.

Unrepairable features or finishes should be replaced with new features or finishes that match the original.

Features or finishes should not be replaced with new features or finishes that do not convey the same visual appearance of the original.

(Ord. 2785 Exh. A (part), 2001)

Article VII. - Modification, Expiration and Extensions

18.84.470 - Certificate of appropriateness application, Mills Act agreement, and demolition permit approval —Period of validity—Extensions.

The period of validity for any certificate of appropriateness application, recordation of a city authorized Mills Act agreement or demolition permit approval shall be as set forth in Section 18.04.110. Time extension(s) of the period of validity for any certificate of appropriateness application, Mills Act agreement or demolition permit approval shall be granted only in accordance with Sections 18.04.120 and 18.04.130.

(Ord. 2909 § 11 (part), 2008)

18.84.480 - Certificate of appropriateness application, Mills Act agreement, and demolition permit approval —Modification conditions.

Conditions may be modified, eliminated, or new conditions added to any certificate of appropriateness application, Mills Act agreement or demolition permit approval, in compliance with Section 18.04.120.

(Ord. 2909 § 11 (part), 2008)

18.84.490 - Adaptive reuse of historic resources.

Any building or structure that was formerly operating as a legal commercial use within a residential zone that has been officially deemed eligible or designated as a local, state or federal historic landmark may be adaptively re-used with a non-residential land use that is identified as permitted and/or conditionally permitted in the C-2, C-1 or C-0 zones to facilitate historic preservation subject to the approval of a conditional use permit by the planning commission if the following findings can be met:

1.

The site proposed for the use is adequate in size, shape and topography; and

2.

The site proposed for the use has sufficient access to streets which are adequate, in width and pavement type, to carry the quantity and quality of traffic generated by the proposed use; and

3.

The proposed use will not unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties; and

4.

The proposed use will, as to location, operation and design, be compatible with the permitted uses of surrounding and adjacent properties.

Should there be any changes and/or modifications to the exterior of a building and/or structure considered for adaptive reuse, a certificate of appropriateness application shall be required in accordance with Chapter 18.84 of the Whittier Municipal Code.

(Ord. No. 3074, § 3, 9-26-17)

Chapter 18.86 - EARLHAM HISTORIC DISTRICT