Whittier Municipal Code Art. 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)

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-of-way; (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)

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)

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)

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)

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)

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)

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)

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)