Chapter 15.20



HISTORIC PRESERVATION

15.20.010 Purpose.
15.20.020 Definitions.
15.20.025 Relationship of the historic preservation element to the Glendale register of historic resources.
15.20.030 Duties of the permit services administrator, the director of planning, historic preservation commission and city council regarding historic resources.
15.20.040 Appeals.
15.20.050 Findings for designation of historic resources and historic districts.
15.20.055 Findings for deletion of historic resources and historic districts.
15.20.060 Procedure for designation or deletion of historic resources.
15.20.070 Incentive program for historic resources.
15.20.080 Permit required for demolition, removal or major alterations of historic resources.
15.20.090 Enforcement.
15.20.100 Unsafe or dangerous conditions.
15.20.110 Routine maintenance and repair.
15.20.120 Duty to maintain historic resources.


15.20.010 Purpose.


The city council declares that the recognition, preservation, protection and use of historic resources are required in the interest of the health, prosperity, social and cultural enrichment and general welfare of the people. The purpose of this chapter is to:

A. Safeguard the heritage of the city by preserving resources which reflect elements of the city's history;

B. Encourage public understanding and involvement in the unique architectural and environmental heritage of the city;

C. Strengthen civic pride in the notable accomplishments of the past;

D. Deter the demolition, misuse or neglect of historic resources, historic districts, and potential historic resources or districts which represent an important link to Glendale's past;

E. Promote the conservation, preservation, protection and enhancement of historic resources, historic districts, potential historic resources or districts; and

F. Promote the private and public use of historic resources for the education, appreciation and general welfare of the people. (Ord. 5110 º 7, 1996: prior code º 21-00)

15.20.020 Definitions.


For the purposes of this chapter the following words and phrases shall have the meaning(s) ascribed herein:

"Demolition" means destruction that is so extensive that the historic character of a designated historic resource is completely removed and cannot be repaired or replaced.

"Glendale register of historic resources" means the official list of designated historic resources in the city of Glendale and any properties specified in the historic preservation element of the Glendale general plan.

"Historic district" means a geographic area including thematic areas encompassing designated historic resources within specific boundaries as adopted by city council.

"Historic resource" means any site, building, structure, area or place, man-made or natural, which is historically or archaeologically significant in the cultural, architectural, archaeological, engineering, scientific, economic, agricultural, educational, social, political or military heritage of the city of Glendale, the state of California, or the United States and which has been designated as historically significant in the National Register of Historic Places, the state of California Register of Historical Resources, the Glendale register of historic resources, or the historic preservation element of the Glendale general plan.

"Major alteration to historic resources" means alteration to a structure or site which does not conflict with the historic integrity of the historic resource which exceeds the size specification for minor alterations as defined herein.

"Minor alteration to historic resources" means alteration to a structure which does not conflict with the historic integrity of the historic resource and does not involve an addition of square footage or modification of an existing structure exceeding four hundred square feet of building area or modification of more than one thousand square feet of site area within a historic resource.

"Potential designated historic resource or district" means a resource or district which is officially proposed for listing in the Glendale register of historic resources or the historic preservation element for which a final action has not occurred. (Ord. 5110 º 8, 1996: prior code º 21-01)

15.20.025 Relationship of the historic preservation element to the Glendale register of historic resources.


All historic sites identified in the historic preservation element of the Glendale general plan, shall be subject to the provisions of this code. Upon establishment of a Glendale register of historic resources all historical sites in the historic preservation element shall be made a part thereof. (Ord. 5110 º 9, 1996)

15.20.030 Duties of the permit services administrator, the director of planning, historic preservation commission and city council regarding historic resources.


A. In addition to other duties and powers specified elsewhere in this code, the permit services administrator shall consider and render decisions regarding historic resources for the following:

1. The installation or removal of mechanical equipment including but not limited to heating, air conditioning, and ventilation, electrical and plumbing improvements which are not visible from a public right-of-way;

2. Installation of signs;

3. Installation of fire protection systems which are not visible from the public right-of-way.

B. The director of planning shall consider and render decisions on minor alterations and routine maintenance and repair projects as specified in Section 15.20.110 of this code.

C. The historic preservation commission shall conduct public hearings, and render decisions or make recommendations as set forth in Section 2.76.100 in this code.

D. city council shall conduct public hearings and render decisions on:

1. General plan amendments regarding the historic preservation element;

2. Additions to and deletions from the register of historic resources pursuant to Sections 15.20.050, 15.20.055 and 15.20.060; and

3. Applications for the property tax incentives program pursuant to Section 15.20.070 of this code. (Ord. 5110 º 10, 1996)

15.20.040 Appeals.


A. A decision regarding a historic resource by the permit services administrator or by the director of planning shall become final fifteen days following the date of the decision unless an appeal to the historic preservation commission is filed.

B. A decision of the historic preservation commission shall become final fifteen days following the date of the decision unless an appeal to the city council is filed pursuant to the provisions of Chapter 2.88 of this code relating to the uniform appeal procedure. (Ord. 5110 º 11, 1996)

15.20.050 Findings for designation of historic resources and historic districts.


Upon recommendation of the historic preservation commission, city council shall consider and make findings for additions to the register of historic resources. The designation of any proposed resource in the city as a historic resource or district shall be granted only if city council first finds that the proposed historic resource or district contains one or more of the following elements:

A. The proposed resource or district identifies interest or value as part of the heritage of the city;

B. The proposed resource or district is the location of a significant historic event;

C. The proposed resource or district identifies with a person or persons or groups who significantly contributed to the history and development of the city; or whose work has influenced the heritage of the city, the state or the United States;

D. The proposed resource or district exemplifies one of the best remaining architectural type in a neighborhood; or contains outstanding or exemplary elements of attention to architectural design, detail, materials or craftsmanship of a particular historic period;

E. The proposed resource or district is in a unique location or contains a singular physical characteristic representing an established and familiar visual feature of a neighborhood;

F. The proposed resource or district is a source, site or repository of archeological interest;

G. The proposed resource or district contains a natural setting that strongly contributes to the well being of the people of the city. (Ord. 5110 º 12, 1996: prior code º 21-02)

15.20.055 Findings for deletion of historic resources and historic districts.


Upon recommendation of the historic preservation commission, city council shall consider and make findings for deletions from the register of historic resources. The deletion of any designated historic resource or district shall be granted only if city council first finds that the historic resource or district:

A. Has been destroyed or demolished by natural or man-made means; or

B. No longer conforms to any of the findings identified in Section 15.20.050 of this code; or

C. Has diminished historic significance or value upon a showing of clear and convincing evidence; or

D. Cannot be restored, rehabilitated, stabilized or renovated for any use permitted in the zone in which it is located without causing an economic hardship disproportionate to the historic value of the property substantiated by clear and convincing evidence. Proof of economic hardship shall require a showing that the cost of stabilization of the historic fabric of the property exceeds the appraised value as determined by a qualified appraiser of the historic improvements on the site. If the appraised value of the historic improvements on a historic site is less than seventy-five percent of similarly sized buildings within a five-hundred-foot radius, the average appraised value of property improvements in the radius area shall be used. For property where neighborhood standards are not comparable, standard real estate practice comparable worth studies shall be produced to justify the burden of stabilization as compared to property value. Council shall consider the value of property tax incentives allowed by the historic preservation ordinance and other benefits as may be available for historic preservation or stabilization in determining if economic hardship exists to the extent that deletion from the historic register is warranted. (Ord. 5110 º 13, 1996)

15.20.060 Procedure for designation or deletion of historic resources.


A. Prior to city council consideration for designating or deleting historic resources or districts, written consent shall be obtained from the property owner(s) of record;

B. The city council shall set a public hearing prior to designating or deleting a historic resource or district;

C. The city clerk shall give notice of the public hearing which notice shall contain the date, time and place of the hearing, the general nature of the proposed designation or deletion and the street address or legal description of the property involved. Said notice shall be published once in the official newspaper of the city at least ten days before the date of the hearing. Said notice shall be mailed, postage prepaid, at least ten days before the date of the hearing to affected property owners and all persons, shown on the last equalized assessment roll as owning real property located within a radius of three hundred feet of the exterior boundaries of the property which is subject to the proposed designation or deletion;

D. The city shall make findings of fact and determinations in writing pursuant to the criteria set forth in Sections 15.20.050 and 15.20.055 of this code; and

E. The decision of the city council shall be made by resolution which shall be recorded with the Los Angeles County recorder. (Ord. 5110 º 14, 1996: prior code º 21-03)

15.20.070 Incentive program for historic resources.


Notwithstanding any other incentive of federal or state law, owners of properties designated as historic resources may apply to the director of planning for the following incentives:

A. Property tax incentive program and historical property contracts. Any owner of a historic resource which is in the Glendale register of historic resources shall be eligible to apply for the property tax incentive program through the use of a historical property contract pursuant to Sections 50280 et seq. of the California Government Code. All applications filed for historical property contracts shall be considered for recommendation by the historic preservation commission at a public hearing and forwarded to city council for final approval;

B. Reduction in required parking for new uses in designated historic resources as specified in Title 30 of this code;

C. Allowance of specified uses permitted in the C1 zone, in the R-3050, R-2250, R-1650, and R-1250 zones and as conditional uses in the ROS, R1R and R1 zones as specified in Title 30 of this code. (Ord. 5110 º 15, 1996: Ord. 4986 º 2, 1992: prior code º 21-07)

15.20.080 Permit required for demolition, removal or major alterations of historic resources.


A. No person shall demolish, remove, or make major alterations to any designated historic resource without first obtaining a permit. An application for such permit shall be filed with the permit services administrator who shall thereupon transmit same to the historic preservation commission. The historic preservation commission may require that the application for permit be supplemented by such additional information or materials as may be necessary for a complete review by the historic preservation commission. The commission may impose such reasonable conditions or restrictions as it deems necessary or appropriate on a case-by-case basis to promote or achieve the purpose of this code. If a permit applicant provides evidence that the cost of complying with a condition of approval is not economically feasible, the commission may require that all conditions be met within a period of up to five years.

The commission shall not approve a request for demolition except upon written findings after a public hearing that denial of the requested demolition will deprive the owner of substantially all reasonable use of the property, or that demolition will not have a significant effect on the achievement of the purpose of this chapter;

B. No permit to demolish a historic resource may be issued without the issuance of a building permit for a replacement structure or project for the property involved; and

C. Upon approval of a demolition permit the matter will be referred to city council for deletion from the register of historic resources pursuant to Sections 15.20.055 and 15.20.060. (Ord. 5110 º 16, 1996: prior code 21-04)

15.20.090 Enforcement.


A. A violation of any provision of this chapter is expressly prohibited and is punishable as a misdemeanor pursuant to Section 1.20.010 of this code;

B. In addition to any other remedies provided herein, any violation of this chapter may be enforced by civil action brought by the city. Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein are cumulative and not exclusive. In any such action, the city may seek as appropriate, one or both of the following remedies:

1. A temporary or permanent injunction, or both,

2. Assessment of the violator for the costs of any investigation, inspection or monitoring survey that led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection; and

C. In addition to any other remedies provided herein, in the event a historic resource is completely demolished in violation of this chapter, a penalty shall be imposed in which no building or construction related permits shall be issued for the property upon which the demolition took place, for a period of three years from the date of demolition. Said penalty shall be enforced by civil action filed by the city attorney and adjudicated by a court of competent jurisdiction. A demolition shall be presumed to have occurred on the date the city had actual knowledge of the demolition. (Ord. 5110 º 17, 1996)

15.20.100 Unsafe or dangerous conditions.


Nothing in this chapter shall prevent the construction, reconstruction, alteration, restoration, stabilization or demolition of designated historic resources or any feature thereof which the director of public works or his or her designee shall certify is required because of an unsafe or dangerous condition and is a threat to public safety. (Ord. 5110 º 18, 1996)

15.20.110 Routine maintenance and repair.


No routine maintenance or repair of any architectural feature including but not limited to exterior painting, reroofing, repointing of brick or other architectural feature of a designated historic resource may be commenced unless first approved by the director of planning. (Ord. 5110 º 19, 1996: prior code º 21-05)

15.20.120 Duty to maintain historic resources.


Every owner of a designated historic resource shall maintain and keep such resources in a manner which clearly ensures the continued availability of such premises for lawful and reasonable uses, and which prevents deterioration, dilapidation and decay of any portion of such resource. (Ord. 5110 º 20, 1996: prior code º 21-06)