§ 18.87

The purpose of the provisions of this chapter is to preserve and enhance the architectural and historic integrity of the Historic District No. 1, also known as the Hadley/Greenleaf historic neighborhood, and to ensure that any new development or alterations to existing structures in the district are compatible with the historic fabric of the district.

(Ord. 2723 § 3 (part), 1998)

The following characteristics define Historic District No. 1:

A.

Boundaries. The boundaries of the historic district are defined as follows:

On the east: lots fronting onto Painter Avenue along the east side of the street, south to the north side of Hadley Street and north to the south side of Broadway, as illustrated in the accompanying map.

On the west: the east side of Greenleaf Avenue, extending south to the north side of Hadley Street and extending north to the south side of Broadway.

On the north: the south side of Broadway extending west to the east side of Greenleaf Avenue, and extending east to the properties fronting along the east side of Painter Avenue.

On the south: the north side of Hadley Street extending west to the east side of Greenleaf Avenue, and extending east to those lots fronting the east side of Painter Avenue.

B.

Historic Characteristics: The features of the Historic District No. 1 which define its historic significance and the character of the area to be preserved include:

1.

Land Use. Historic District No. 1 is a residential neighborhood. Originally, the area was a single-family residential neighborhood, and many of the original single-family homes remain. Some have been converted to multifamily use, and some older homes have been replaced with new multifamily structures. However, the land use in the area is predominantly residential.

2.

Architectural Styles. Historic District No. 1 includes examples of a variety of architectural styles, including Victorian cottages (see Exhibit 1), Spanish or Mediterranean revival (Exhibit 2) and modern structures. However, the predominant style is the craftsman bungalow (Exhibits 3 and 4). This style is characterized by buildings with gabled rather than flat roofs, extended eaves with exposed rafters, use of natural materials (wood, stone, brick) and an effort to tie the interior space to the environment through the inclusion of many windows, wide doors or French doors, porches and balconies, and extensive landscaping.

3.

Scale. The scale of the structures which are over fifty years old is smaller than the more modern buildings. Buildings are generally two stories or less, and cover less than half of the lot on which they are located. There is a substantial amount of landscaped open space between structures. Exhibit 5 shows the scale of development on a typical street, and Exhibit 6 shows typical street landscaping.

4.

Landscaping. The landscaping of both private property and public rights-of-way is extensive and mature. The impression is of a wooded area with buildings tucked into the landscaping. Landscaping plans are informal and imitate nature, as was common in the era when craftsman bungalows were constructed. Exhibit 7 is an example of the lush landscaping common in the area.

5.

Public Improvements. Public improvements in the area include paved local streets with curbs, gutters and sidewalks separated from the street by a landscaped median. Each street has a mixture of street trees, rather than a single type. Older streetlight fixtures remain along Painter Avenue, but the rest of the area is served by lights attached to utility poles. Exhibit 8 illustrates the older streetlight style.

(Ord. 2723 § 3 (part), 1998)

Land uses permitted in the Historic District No. 1 shall be those permitted in the underlying zone, provided the construction or operation of such use is compatible with the requirements of this chapter. In addition to such principal permitted uses, accessory uses permitted by the underlying zone classification shall also be allowed.

(Ord. 2723 § 3 (part), 1998)

No plan for development, alteration, expansion or construction on properties located in the historic district shall be approved unless the same complies with the following development standards:

A.

Site and Setting. If a property owner or a developer intends to utilize a historic resource as part of a development, he/she should consider the context of the resource's original site and the importance of the setting in the proposed development.

1.

In some instances, a resource will occupy the full site and limit development opportunities to rehabilitation, renovation or restoration for adaptive reuse.

2.

In instances where a resource occupies less than the full site, greater flexibility will be available for new development that incorporates the resource into the project, except that all new development, alteration or expansion of existing structures shall maintain the required lot coverage and setbacks of the underlying zone.

B.

Building Height. All new development or alteration or expansion of existing structures shall comply with the height limits of the underlying zone. Height of all structures at street level should be visually compatible with adjacent buildings. Use of setbacks at upper levels may be permitted to achieve maximum utilization of a property compatible with the appearance of the area.

C.

Density and Intensity of Development. The maximum dwelling unit density or building intensity permitted in the historic district shall be that permitted by the underlying zone, so long as the resulting development is appropriate to the neighborhood. The apparent physical size, scale and height of all structures should relate to existing resources without overwhelming them. Exhibit 5 illustrates the range of height and scale existing in the area.

D.

Off-Street Parking. The off-street parking requirements for all development in historic district shall be those established for the underlying zone.

E.

Design Guidelines. In considering whether a proposed development is compatible with the historic character of Historic District No. 1, property owners, developers, city staff, historic resources commission and council members shall be guided by the following:

1.

Proportion of Openings. The width and height of windows, doors and entries should be visually compatible with buildings, structures, public ways and places in the surrounding area. A long unbroken facade or small, widely-spaced windows is not appropriate. Wooden double-hung or casement windows are typical of the area, often placed in groups of two or more. Examples of the types of windows and doors and their placement in the facade can be seen in Exhibits 1, 2, 3, 4, 9 and 10. The relationship of solid spaces (i.e., walls) to voids (i.e., windows and doors) in the facade of a building or structure should be visually compatible with buildings, structures and public ways in the surrounding area.

2.

Rhythm of Spacing of Buildings or Structures on the Street. The relationship of a building or structure to the open space between it and adjoining buildings or structures should respect the surrounding environment. The building mass of large architectural projects can be varied in form using setbacks for open space and landscaping when appropriate to provide necessary visual transitions between a lawn, new building and the adjacent historic resources. See Exhibits 5 and 6.

3.

Porches and Entryways. The relationship of entrances and other projections to sidewalks should be designed with the street scene provided by existing buildings, structures and public ways as a guide to ensure that they are visually related. Examples of the types of porches and entries typical to the historic district are shown in Exhibits 1, 2, 3, 4, 11 and 12.

4.

Relationship of Materials, Texture and Color. The relationship of materials, texture and color of the facade of a building or structure should be chosen with the predominant materials used in existing buildings or structures in mind. Paint colors are exempt from review, however, colors of natural materials should be considered. The choice of exterior colors and material textures should be tempered by the predominant colors and textures of the surrounding area. In general, the use of manmade materials (metal, plastic) in facades should be limited because the majority of the historic structures in the historic district use natural materials, and specifically wood, brick or stone. Simplicity in the use of materials, textures and colors is preferable. Exhibits 13, 14 and 15 illustrate typical wood shingles and siding found on homes in the area.

5.

Roof Shapes. The roof shape of a building is a major distinguishing visual element. In most cases, a simple roof form similar to that of the existing historic resources in the area should be used. Most homes in the area have pitched rather than flat roofs and the typical roofing material is composition shingle. Examples of

rooflines typical of the area are shown in Exhibits 1, 2, 3, 4, 16, 17 and 18. Notice that the roofline is frequently broken by dormers.

6.

Design of Accessory Structures. The proposed project should take into account the compatibility of landscaping, fences and walls, parking facilities, utility and service areas, walkways and other accessory structures. These should be designed with the overall environment in mind and should be in visual keeping with related buildings, structures and places.

7.

Landscaping. All mature trees removed to make way for new construction or alteration of an existing structure should be replaced with large box size trees of a type typical to the area and similar in form to the tree removed. Landscaping should be similar in design and type of plants used to that which occurs typically in the area. Exhibits 6 and 7 illustrate typical planting configurations in the area.

(Ord. 2723 § 3 (part), 1998)

Upon adoption of the Historic District No. 1, no person shall perform any work requiring a building permit to demolish, remove, construct, alter, move or change the appearance of any structure or portion of a structure without first having applied for and been issued a certificate of appropriateness.

(Ord. 2723 § 3 (part), 1998)

A.

An application for a certificate of appropriateness shall be filed with the planning department, and shall contain the following data:

1.

A clear and comprehensive statement of the proposed work;

2.

Plans describing the size, height and appearance of the proposed work;

3.

A site plan showing all existing buildings and structures and indicating the location of the proposed work;

4.

Where the application involves demolition, a statement of justification for the necessity of demolition shall be submitted to the historic resources commission.

5.

Color photographs of the exterior of all structures located on the site where the work is proposed, and a view of structures on adjoining lots from public streets or ways;

6.

Samples of the materials proposed for use on the subject project;

7.

Such other materials as the planning director may deem necessary to permit the evaluation of the impact of the proposed project.

B.

Applicants requesting ordinary repair and maintenance of property located in the Historic District No. 1 may have their certificate of appropriateness acted upon by the planning director. Ordinary repair and maintenance includes but is not restricted to:

1.

Repair using like or similar materials and design elements as the original;

2.

All interior alterations not visible from, nor resulting in any impact upon, the structure's exterior.

C.

An application for a certificate of appropriateness requesting more than ordinary repair and maintenance shall be scheduled for a public hearing before the historic resources commission as well as for the following types of projects:

1.

Residential development projects which involve two or more dwelling units on a lot in the R-2, R-3 or R-4 zones of the Hadley-Greenleaf Historic District, including additions with a floor area in excess of six hundred square feet and/or major exterior remodeling to structures other than the main dwelling.

2.

Nonresidential development projects and additions with a floor area in excess of one thousand square feet and/or exterior remodeling of structures located in the C zones or the Uptown Whittier Specific Plan that is within the Hadley-Greenleaf Historic District.

3.

Any project which is referred by another approval authority to the historic resources commission.

D.

At least ten days in advance of the time set for consideration of the application by the historic resources commission, the planning director shall give written notice of the time and place of the meeting to the applicant, adjacent property owners to include, at a minimum, two properties on either side, five properties behind and five properties across the street from the subject site, and any person requesting such notice.

E.

The meeting of the historic resources commission shall be conducted so as to allow all interested persons a reasonable opportunity to be heard in connection therewith.

F.

Notice of the decision of the historic resources commission shall be sent to the city council, property owner, the building and safety director, and one copy shall be retained in the planning department.

G.

The decision of the historic resources commission shall be final in thirty days, unless the same is appealed by the applicant, city council, or any other interested party.

(Ord. 2723 § 3 (part), 1998)

(Ord. No. 2932, § 22, 8-11-09)

18.87.070 - Required findings.

Before a certificate of appropriateness is approved, the body approving the certificate must make the following findings of fact:

A.

The proposed project is consistent with the purposes of this chapter; and

B.

Every reasonable effort has been made to adapt the project in a manner which requires minimal alteration of the building, structure, object or site and its relationship to its environment; and

C.

Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, object or site have been preserved as much as possible; or

D.

The applicant has demonstrated that the proposed action is the only reasonable means to correct an unsafe or dangerous condition on the property; or

E.

The applicant has demonstrated that denial of the application will result in immediate or substantial hardship. In determining whether immediate or substantial hardship exists, the commission shall consider the following criteria:

1.

Whether denial of the application will severely diminish the economic value of the structure or property,

2.

Whether denial of the application will prevent or make impractical reasonable beneficial use of the structure or property.

(Ord. 2723 § 3 (part), 1998)

A certificate of appropriateness issued pursuant to this chapter shall be valid for a period of twelve months from the date of issuance. The certificate shall expire at the end of this period unless work has commenced in accordance with the approved plan. The director may extend the approval for no longer than two additional six-month periods.

(Ord. 2723 § 3 (part), 1998)

18.87.090 - Demolition and relocation of structures.

A.

If the application proposes demolition or off-site relocation and the certificate is not issued pursuant to Section 18.87.070 of this chapter, the commission may require a forty-five-day review period for the purpose of providing time to explore alternatives to the removal of the structure, including compliance with the Secretary of the Interior's Standards for Rehabilitation and Preservation.

1.

No later than the end of the forty-five days, the commission shall review the progress made towards preservation. If additional time is needed to accomplish preservation of the structure, the commission may impose an additional stay on issuance of the certificate not to exceed a total of one hundred eighty days. The stay shall be terminated at any time the commission, or the city council on appeal, determines that preservation is not feasible.

2.

No later than the end of the one-hundred-eighty-day stay, the commission shall again review the progress made towards preservation. If preservation has not been accomplished, and alternatives to demolition or removal have been thoroughly explored, the commission shall determine whether preservation is still feasible, and either:

a.

Issue a certificate of appropriateness for demolition, provided plans for a replacement structure have been approved; or

b.

Deny the certificate of appropriateness application.

B.

Prior to issuance of the certificate of appropriateness for demolition or the removal of a structure within the district, the applicant shall provide to the director, at the applicant's sole cost, archival quality photodocumentation of the exterior of the structure to be demolished or removed.

(Ord. 2723 § 3 (part), 1998)

None of the provisions of this chapter shall be construed to prevent or apply to any work or demolition necessary to correct or eliminate the unsafe or dangerous condition of any historic building or of any building or structure located in the district, where such conditions have caused the structure to be declared unsafe, dangerous pursuant to Chapters 8.08 and 15.04 of the Whittier Municipal Code. The historic resources commission shall be advised of the required demolition, prior to issuance of the demolition or building permit needed to alleviate the unsafe condition.

(Ord. 2723 § 3 (part), 1998)

18.87.110 - Replacement structures.

A.

No permit to demolish a structure within the historic district boundaries may be issued unless plans for a replacement structure or a project have been reviewed and approved by the historic resources commission, unless:

1.

Demolition is determined to be necessary in order to correct or eliminate a dangerous or unsafe condition posing a hazard to the general public.

B.

An applicant for demolition permits may apply to the commission for relief from the requirements of this section. The commission may grant relief if it finds that demolition without replacement will not result in adverse impact to the district. Adverse impacts to the district may include, and shall be found if, the loss of the structure without replacement is likely to result in nuisance uses of the vacant property or would have an adverse visual impact on the neighborhood.

(Ord. 2723 § 3 (part), 1998)

The determination of the historic resources commission shall become effective and final thirty days after their final action, unless within such period of time an appeal, in writing, is filed with the city clerk, by the applicant or any other interested person. Such appeal shall be accepted for filing only upon the paying of an appeal fee as set forth by the city council. In the event that no city council meeting is held within said thirty day period, the effective date immediately following the next city council meeting for which the item has been lawfully posted and agendized for city council consideration.

(Ord. 2819 § 5, 2003; Ord. 2723 § 3 (part), 1998)

(Ord. No. 3112, § 4, 2-25-20)

A.

Upon the filing of an appeal, the secretary to the commission shall forward to the city clerk the commission's files with regard to such certificate of appropriateness application. Upon receipt of the same, the city clerk shall promptly set the matter for a public hearing before the city council. The city council shall conduct a de novo public hearing upon the matter, and thereafter shall determine whether the application may be approved, conditionally approved, or denied. Within its discretion, the city council may refer, prior to its decision, such matter to the commission for a further report, with or without additional public hearing before the commission. The determination of the council shall be considered adopted by not less than a majority of the voting membership.

B.

The appeal shall be considered by the council at a noticed public hearing, pursuant to Section 18.87.060 of this chapter. Any interested person addressing the council may present evidence as to why the commission's decision should be upheld or reversed. The council may reverse or affirm the decision in whole, or in part, and may impose conditions on the application which were not considered by the commission.

(Ord. 2723 § 3 (part), 1998)

(Ord. No. 3112, § 4, 2-25-20)

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Chapter 18.88 - CENTRAL PARK HISTORIC DISTRICT

Sections: