Ordinance - 1915ORDINANCE NO. 1915
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, EXTENDING ORDINANCE NO. 1893 PURSUANT
TO SECTION 65858(a) OF THE CALIFORNIA GOVERNMENT CODE.
WHEREAS, pursuant to the provisions of Section 65858(a) of the
Government Code of the State of California, the City Council on.
March 17, 1992, adopted Ordinance No. 1893, requiring an
administrative review board process prior to demolition, removal,
moving, alteration, or change of any property, structure or portion
of structure, developed or constructed prior to 1940 and declaring
the urgency thereof; and
WHEREAS, pursuant to Section 65858(a) of the Government Code,
Ordinance No. 1893 was adopted as an interim measure for a period
of no longer than 45 days; and
WHEREAS, pursuant to Section 65858(a) of the Government Code,
after notice and a public hearing, the City Council on
April 21, 1992 extended the Interim Ordinance for a period of ten
months and fifteen days; and
WHEREAS, pursuant to Section 65858(a) of the Government Code,
after notice and public hearing, the City Council may by a
four -fifths vote extend the Interim Ordinance one final time for a
one year period; and
WHEREAS, without the extension of the Interim Ordinance, .the
lack of an administrative review process for buildings of potential
historical significance to the city could result in the permanent
loss thereof; and
WHEREAS, staff is recommending that a comprehensive inventory
and study of buildings of potential historical significance be
completed; and
WHEREAS, such an inventory and study will require
approximately nine (9) months to complete; and
WHEREAS, a public hearing was held by the City Council on.
March 2, 1993, and it was found that without the extension of
Ordinance No. 1893, the potential exists for damage to the public
welfare and cultural and historical resources of West Covina.
NOW THEREFORE, the City Council of the City of West Covina
does ordain as follows:
Section 1. Findings.
The City Council finds that this ordinance is an urgency
measure, necessary while city staff evaluates the need to prepare
a permanent comprehensive historic preservation ordinance, in order
A. To deter the demolition, destruction, alteration, misuse,
and neglect of architecturally interesting and significant
buildings which represent an important link to West Covina's past.
B. To safeguard the City's heritage, as embodied and
reflected in such resources;
C. To encourage public knowledge, understanding, and
appreciation of the City's past;
D. To foster civic and neighborhood pride and a sense of
identity based on the recognition and use of cultural resources;
E. To preserve diverse and harmonious architectural styles
and design preferences reflecting phases of the City's history;
0092-93/CC/HISTBLDG.ORD/bjc
Ordinance No. /y/,5
Historical Urgency Ordinance
March 2, 1993 - Page 2
F. To identify as early as possible potential conflicts
between preservation of cultural resources and alternative land
uses and thereafter to integrate the preservation of cultural
resources and the extraction of relevant data from such resources
into public and private land management and development processes;
G. To recognize the propinquity of those buildings and
properties constructed prior to 1940 to the City's historical
beginnings.
H. To designate "historical buildings/structures" and
"historical property" as defined in Public Resources Code S 5031,
Government Code Section 50280.1.
-Section 2. Definitions.
"Alteration" or "Modification" means any change, through
public or private action, of the significant physical features of
structures affected by this Ordinance. Such changes may be changes
to or modification of structure, architectural details, or visual
characteristics, grading, surface paving and the addition of new
structures, disturbance of archeological sites or areas, and the
placement or removal of any significant objects such as signs,
plaques, light fixtures, street furniture, walls, fences and steps
affecting the significant visual and/or historical qualities of the
property.
"Architectural" is anything pertaining to the science,
art or profession of designing and constructing buildings.
"Certificate of Alteration" is a certificate issued by
the Administrative Review Board approving or conditionally
approving plans, specifications, statements of work for the
proposed alteration, restoration, rehabilitation, construction,
removal, relocation, or demolition, in whole or in part, of or to
a structure as defined here.
"Demolition" means any act or process that destroys in
part or in whole a structure.
"Exterior Architectural Feature" means the architectural
elements embodying style, design, general arrangement and
components of all of the outer surfaces of an improvement,
including but not limited to the kind, color and texture of the
building materials and the type and style of all windows, doors,
lights, signs and other fixtures appurtenant to such improvement.
"Historic" or "Historic Resource" or "Historically
Significant" means a structure, site or other artifacts of
architectural, artistic, cultural, engineering, aesthetic,
archeological, historical, political, or social significance or
value to the citizens of the City of West Covina, the state, or the
nation.
"Improvement" means any building, structure, place,
fence, gate, landscaping, tree, wall, parking facility, work of
art, or other object constituting a physical feature of real
property, or any part of such feature.
"Object" means a material thing of functional, aesthetic,
cultural, symbolic, or scientific value.
"Ordinary Maintenance and Repair" means any work, for
which a building permit is not required by law, where the purpose
and effect of such work is to correct or prevent any ongoing
deterioration of or damage to a structure or any part thereof and
to maintain the structure's condition or restore the same, to its
condition prior to the occurrence of such deterioration or damage.
"Preserve" means to identify, study, protect, restore,
rehabilitate or enhance a historic resource.
0092-93/CC/HISTBLDG.ORD/bjc
Ordinance No. / g/,6'
Historical Urgency Ordinance
March 2, 1993 - Page 3
"Significant Feature" means any of the person -made
elements embodying style or type of cultural resource, design, or
general arrangement and components of an improvement or structure,
including but not limited to, the kind, color, and texture of the
building materials, and the type and style of all windows, doors,
lights, signs, and other fixtures appurtenant to such improvement.
"Structure" is any building or facility or portion of a
structure of any kind or use reasonably believed to have been
constructed or installed on or before December 31, 1940.
Section 3. Authority.
In addition to any other functions set forth in this
Chapter 26 (Zoning) of the West Covina Municipal Code, the
Administrative Review Board shall review all proposals to demolish,
alter, reconstruct, rehabilitate, move, remove, or change the
appearance of any structure or portion of a structure.
Section 4. Approval Required.
Notwithstanding and in addition to any other requirements of
this Ordinance, the West Covina Municipal Code or applicable law,
rules or regulation, it shall be unlawful for any person to
demolish, alter, reconstruct, rehabilitate, move, remove, or change
the appearance of any structure or portion of a structure without
first obtaining a Certificate of Alteration issued by the
Administrative Review Board.
Section 5. Procedure.
(A) Application. A person who desires to demolish, alter,
reconstruct, rehabilitate, move, remove, or change property, a
structure, or portion of structure shall
1. Submit a written request thereof to the Planning
Director. Said request shall at a minimum include a the following
information:
a. Property address.
b. Legal description.
C. Current and all previous owner information available.
d. Year constructed.
e. Original architect, if known.
f. Present and past use.
g. Statement of proposed work.
h. Proposed plans and specifications.
2. In addition to the above, the applicant shall provide any
other information as determined necessary by the Planning Director
to assess the historical significance of the property or structure
on the basis of the following criteria:
a. It exemplifies or reflects special elements of the City's
cultural, social, economic, political, aesthetic, engineering, or
architectural history.
b. It is identified with persons or events significant in
local, state, or national history.
C. It embodies distinctive aesthetic characteristics.of a
style, type, period, or method of construction, or is a valuable
aesthetic example of the use of indigenous materials or
craftsmanship.
d. It is representative of the notable aesthetic work of a
builder, designer or architect.
e. It has a unique location or singular physical
characteristics or is a view or vista representing an established
and familiar visual feature of the City of West Covina.
f. It is similar to other distinctive structures based on a
0092-93/CC/HISTBLDG.ORD/bjc
Ordinance No. ly/5
Historical Urgency Ordinance
March 2, 1993 - Page 4
historic, cultural, or architectural motif.
g. It reflects significant geographical patterns, including
those associated with different eras of settlement and growth.
h. It is one of the few remaining examples in the City,
region, state or nation possessing distinguishing characteristics
• of an architectural or historical type or specimen.
3. The processing provisions (including but not limited to
timing requirements, fees, notices, and appeals) contained in
Section 26-267. Review Board shall apply to the processing of an
application for a Certificate of Alteration.
(B) Environmental Review/Conditions.
1. If the structure meets any of the criteria set out in
Subsection (A) 2, the applicant shall also complete an Initial
Study on the proposed project. The Planning Director shall
determine the level of CEQA review required.
2. As determined in the environmental review or as necessary
to meet the findings for approval, the Board may place conditions
as it deems appropriate on its approval. In addition, the Board
may suggest the development of a historical property contract as
set out in Government Code § 50280 et.seq.
3. Notwithstanding any other requirements of this Ordinance,
the West Covina Municipal Code or applicable law, rules or
regulations, the ARB may certify the environmental documentation
proposed with a Certificate of Alteration.
(C) Findings. Prior to the issuance of a Certificate of
Alteration, the Administrative Review Board may make the following
findings of fact:
(1) The proposed work does not involve a structure or
property which meets any of the above listed criteria.
(2) The proposed work with such conditions as may apply will
not adversely affect any exterior or significant architectural
feature.
(3) The proposed work with such conditions as may apply will
be compatible with the external appearance of the existing
structure and other site improvements, if any.
(4) The proposed work with such conditions as may apply will
not alter or reduce the quality of an identifiable visual feature.
(D) Fees. The Planning Department may charge and collect from
the applicant the reasonable cost of processing the application,
CEQA review, report preparation, or other staff work.
Section 6. Exceptions.
Nothing in this Ordinance shall be construed to prevent the
ordinary maintenance or repair of any exterior architectural
feature that does not involve a change in design, material or
external appearance thereof. Nor does the ordinance prevent the
construction, reconstruction, alteration, restoration, demolition
or removal of any such feature when the Building Officer certifies
to the Board that such action is required for the public safety due
to an unsafe or dangerous condition which cannot be rectified
through the use of the California Historical Building Code.
0092-93/CC/HISTBLDG.ORD/bjc
Ordinance No . 1915
Historical Urgency Ordinance
March 2, 1993 - Page 5
SECTION 7. EXPIRATION OF CERTIFICATE OF APPROVAL.r�
A Certificate of Alteration shall, if not granted in
conjunction with another approval, expire within one (1) year from
the date of approval. Any request for an extension shall be
processed in the same manner as an application.
4) SECTION 8. PENALTY.
•
Violation of this Ordinance shall be a misdemeanor and each
day of the violation shall be considered a separate violation.
Section 9. Severability.
If any provision of this ordinance is held invalid by a court
of competent jurisdiction, the remainder of the ordinance shall not
be invalid and shall be affected thereby.
Section 10. Effective Date.
This ordinance is adopted extending Ordinance No. 1893
pursuant to California Government Code and Section 10 of Ordinance
No. 1893. This ordinance is effective immediately in order to
protect the public welfare by preserving potentially historic
structures while city staff review the need to prepare a permanent
ordinance. This ordinance shall be of no force and effect one year
from the date of its adoption.
Section 11. The Mayor shall sign and the City Clerk shall
certify to the adoption of this Ordinance by not less than a
four -fifths vote and cause the same to be published in the manner
prescribed by law.
PASSED AND APPROVED this 2nd day of March 1993.
Mayor
ATTEST:
City Clerk
I, hereby certify that the foregoing Ordinance was duly
adopted by the City Council of the City of West Covina, California,
at a regular meeting thereof held on 2nd day of March 1993, by
the following vote:
AYES: Manners, Jennings, Herfert, McFadden, Wong
NOES: None
ABSENT: None
APPROVED AS TO FORM:
Eg�aAkllk d . 7C �A./U10 J
City Attorney
City Clerk
0092-93/CC/HISTBLDG.ORD/bjc
•
CERTIFICATION
I, JANET BERRY, Deputy City Clerk of the City of West Covina, State
of California, do hereby certify that a true and accurate copy of
ordinance No. 9 was published, pursuant to law, in the San
Gabriel Valley Tribune, a newspaper of general circulation
published and circulated in the..City of West Covina.
anet Berry, Cit Clerk
City of West Covina, California
DATED: