HomeMy WebLinkAbout4. PLN-22-00107P#yofDowni
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SUBMITTED/ CRYSTAL LANDAVAZO, INTERIM DIRECTOR OF COMMUNITY
REVIEWED BY: DEVELOPMENT 02
PREPARED BY: GUILLERMO ARREOLA, PRINCIPAL PLANNER
SUBJECT: ZONE TEXT AMENDMENT (PLN-22-0107) — A REQUEST TO AMEND
ARTICLE IX OF THE DOWNEY MUNICIPAL CODE ESTABLISHING
HISTORIC PRESERVATION STANDARDS WITHIN THE CITY OF
DOWNEY
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The purpose of this ordinance is to establish historic preservation development standards that
protect known historic resources within the City that have been listed on the National Register of
Historic Places and California Register of Historic Resources. The ordinance will establish
maintenance standards along with creating procedures and criteria for any proposed alteration
to a historic resource. The ordinance will designate the Planning Commission as the reviewing
body for such requests subject to compliance with specified findings. The proposed ordinance
also establishes an appeal process and an economic hardship waiver process to ensure that an
undue hardship is not created for the owner of a historic resource.
Based on the analysis contained within this report, staff recommends that the Planning
Commission adopt the following resolution:
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They have prepared or updated historic preservation ordinances for local agencies throughout
California.
On September 8t", 2022 a 1/8t" page ad was published in the Downey Patriot to notify the public
of the proposed ordinance for historic preservation.
DISCUSSION/ ANALYSIS
The goal of this ordinance is to protect known historic resources within the City that have been
listed on the National Register of Historic Places and California Register of Historic Resources.
The ordinance will establish review procedures and criteria for any proposed alteration to a
historic resource as subject to review and approval by the reviewing body. The ordinance will
designate the Planning Commission as the reviewing body. The review procedures establish a
"minor" project process that will be administrative. A threshold will be set for "major" projects
that will be subject to review by the reviewing body. These thresholds for clarifying minor and
major projects is identified below:
Maior Proiects
(1) Any demolition or relocation of a historic resource, or removal of a character -
defining feature of a historic resource.
(2) Any undertaking that significantly alters or changes the street -facing or primary
elevation of a historic resource, including changes to materials or muntin patterning of
windows and doors or to the sizes of their openings, the application of new exterior wall
cladding or coating which changes the appearance, design, or texture of a property, and
the addition of dormers and other architectural features.
(3) Any addition of square footage to a primary building elevation.
(4) Any addition of a height greater than that of the existing building, if the addition is
visible from the street.
(5) Substantial removal (i.e., generally more than 50%) or replacement of exterior
cladding on a street -facing (including corner side) or primary elevation.
(6) Construction of an accessory structure in front of the primary structure.
(7) Any undertaking determined major by the City Planner.
Minor projects
(1) Any demolition or removal of non -character -defining exterior features of a historic
resource, including additions, windows, doors, and exterior siding material that is non -
original or otherwise lacking in historic integrity.
(2) Any undertaking requiring a permit that does not change substantially the exterior
character -defining features of a historic resource, including re -roofing in a different
material that replicates the existing or original roofing, in -kind replacement of
deteriorated exterior features, replacement windows and doors matching the size,
design and materials of the existing or original windows and doors and additions on
secondary elevations that are not in the same building plane as the primary elevation.
(3) Any undertaking to the environmental setting of a historic resource if the
environmental setting has been determined to be significant by evaluation.
Zone Text Amendment (PAN-22-00107) — Citywide
September 21, 2022 - Page 2
(4) Any undertaking not requiring a permit that materially alters character -defining
features of a historic resource or that may have an adverse effect on the significance of
a historic resource, including resurfacing exterior finishes (e.g., plaster cement in a
radically different texture), or cleaning or painting of masonry.
(5) Any undertaking determined minor by the City Planner.
The Planning Commission and City Planner review will be subject to clear findings, established
in the proposed ordinance, that must be met before approval of a Certificate of Appropriateness
for any proposed alteration to a known historic resource. The ordinance will also establish an
appeal process for those who wish to challenge the reviewing body's determination.
Additionally, the ordinance includes a process where property owners can apply for an
Economic Hardship Waiver. This process is intended to ensure that an undue hardship is not
created for the owner of a historic resource. To apply for an Economic Hardship Waiver, the
applicant must submit documentation, such as, but not limited to cost estimates of proposed
construction, addition, demolition or relocation, cost estimates of the additional cost(s) that
would be incurred to comply with the recommendations of the commission for issuance of a
Certificate of Appropriateness, 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. Determinations of a hardship would be subject to specific
findings clearly established in the Ordinance.
The ordinance implements Goal 8.4 of the City of Downey's General Plan, which seeks to
promote Downey's cultural resources, as well as Policy 8.4.2, which promotes the adoption of a
historic preservation ordinance that would require a permit to demolish or modify a historic
resource. The proposed ordinance will seek to preserve and ensure the continued availability of
valuable resources throughout the City.
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed use for compliance with the California Environmental Quality
Act (CEQA). Upon completion of this review, it has been determined that this request is
categorically exempt from CEQA, pursuant to Guideline Section 15061 (b)(3), Review for
Exemption: The activity is covered by the common sense exemption that CEQA applies only to
projects which have the potential for causing a significant effect on the environment. Where it
can be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA.
FINDINGS
Pursuant to Municipal Code Section 9832.06, there are two (2) findings that must be adopted
prior to the City approving the Zone Text Amendment. The findings are as follows:
1. The requested amendment is necessary and desirable for the development of the
community and is in the interests or furtherance of the public health, safety, and
general welfare.
The development of the community is achieved through the continuous update of the
municipal code in an effort to provide adequate land use regulations where needed. The
ordinance seeks to ensure the continued availability of valuable resources throughout the
Special Event Permit (PAN-22-00115) — 8141 De Palma St
September 21, 2022 - Page 3
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City and specifically protects known historic resources within the City that have been listed
on the National Register of Historic Places and California Register of Historic Resources.
The requested amendment establishes maintenance standards for those historic properties
in the interests of furthering the public health, safety, and general welfare by preserving
these resources for the community. Adoption of the requested amendment will provide
applicable standards and clear guidelines for owners of historic resources throughout the
City.
2. The proposed amendment is in general conformance with the General Plan.
The proposed amendment implements Goal 8.4 of the City of Downey's General Plan,
which seeks to promote Downey's cultural resources, as well as Policy 8.4.2, which
promotes the adoption of a historic preservation ordinance that would require a permit to
demolish or modify a historic resource. The proposed ordinance will seek to preserve and
ensure the continued availability of valuable resources throughout the City. The proposed
ordinance establishes review, appeal, and hardship procedures as well as appeal
procedures to ensure a fair process is followed in the interest of preserving the City's
resources.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this matter.
CONCLUSION
Based on the analysis contained in this report, the proposed Zone Text Amendment complies
with all of the findings necessary to recommend approval to the City Council of Zone Text
Amendment (PLN-22-00107). As such, staff recommends that the Planning Commission adopt
the resolution recommending approval of the Zone Text Amendment.
A. Draft Resolution with Ordinance
Zone Text Amendment (PLN-22-00107) — Citywide
September 21, 2022 - Page 4
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY RECOMMENDING THAT THE CITY COUNCIL APPROVE AN
AMENDMENT TO TITLE IX "LAND USE" OF THE DOWNEY MUNICIPAL
CODE, ESTABLISHING CHAPTER 10 OF ARTICLE IX — HISTORIC
PRESERVATION STANDARDS
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A. The City of Downey's General Plan promotes the preservation of existing historic and
cultural resources, and promotes the adoption of a historic preservation ordinance; and,
B. The City Council has an interest in the preservation of the City's historic resources by
seeking to establish maintenance and preservation standards in order to retain known
resources throughout the city; and,
C. On September 81", 2022, notice of the pending application and public hearing was
published in the Downey Patriot as a 1/81" page ad in accordance with the requirements
of the Downey Municipal Code; and,
D. The Planning Commission held a duly noticed public hearing on September 21, 2022,
and after fully considering all oral and written testimony and facts and opinions offered at
the aforesaid public hearing adopted this resolution recommending that the City Council
approve the Zone Text Amendment.
SECTION 2. The Planning Commission further finds, determines and declares that the
proposed project was reviewed for compliance with the California Environmental Quality Act
(CEQA), and is categorically exempt from CEQA, pursuant to Guideline Section 15061 (b)(3),
Review for Exemption: The activity is covered by the common sense exemption that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Zone Text Amendment, the Planning Commission further
finds, determines and declares that:
The requested amendment is necessary and desirable for the development of the
community and is in the interests or furtherance of the public health, safety, and
general welfare. The development of the community is achieved through the
continuous update of the municipal code in an effort to provide adequate land use
regulations where needed. The ordinance seeks to ensure the continued availability
of valuable resources throughout the City and specifically protects known historic
resources within the City that have been listed on the National Register of Historic
Places and California Register of Historic Resources. The requested amendment
establishes maintenance standards for those historic properties in the interests of
furthering the public health, safety, and general welfare by preserving these
PLN-22-00107 — Historic Preservation Ordinance
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Resolution No.
Downey Planning Commission
resources for the community. Adoption of the requested amendment will provide
applicable standards and clear guidelines for owners of historic resources throughout
the City.
2. The proposed amendment is in general conformance with the General Plan in that
the proposed amendment implements Goal 8.4 of the City of Downey's General
Plan, which seeks to promote Downey's cultural resources, as well as Policy 8.4.2,
which promotes the adoption of a historic preservation ordinance that would require
a permit to demolish or modify a historic resource. The proposed ordinance will seek
to preserve and ensure the continued availability of valuable resources throughout
the City. The proposed ordinance establishes review, appeal, and hardship
procedures as well as appeal procedures to ensure a fair process is followed in the
interest of preserving the City's resources.
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this resolution,
the Planning Commission of the City of Downey hereby recommends that the City Council of the
City of Downey add Chapter 10 "Historic Preservation" to Article IX "Land Use" of the Downey
Municipal Code, as incorporated in this Resolution as Exhibit A — Ordinance, attached to this
Resolution.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this September 21, 2022.
Patrick Owens, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning
Commission of the City of Downey at a regular meeting thereof, held on the 21 It day of
September, 2022, by the following vote, to wit:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
Linda Thai
Deputy City Clerk
PLN-22-00107 — Historic Preservation Ordinance
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Resolution No.
Downey Planning Commission
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADDING CHAPTER 10 TO ARTICLE IX OF THE DOWNEY MUNICIPAL CODE
ESTABLISHING HISTORIC PRESERVATION STANDARDS IN THE CITY AND
DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA
WHEREAS, Section 400 of the Charter of the City of Downey provides that the City shall
have all powers and privileges which may be exercised by a charter city, subject only to the
limitations contained in the Charter and in the California Constitution; and,
WHEREAS, Section VII of Article XI of the California Constitution provides that a City
may make and enforce within its limits all local, police, sanitary, and other ordinance and
regulations not in conflict with general laws; and,
WHEREAS, the City Council desires to preserve and ensure the continued availability of
valuable resources throughout the City through the creation of a historic preservation ordinance;
and,
WHEREAS, the ordinance will create procedures and criteria for actions subject to
review and identifying what body or jurisdiction would be responsible for such review,
consideration of economic impacts, defines major and minor projects, maintenance
requirements, required findings for a Certificate of Appropriateness, and an appeal process.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 10 ("Historic Preservation") of Article IX ("Land Use") of the
Downey Municipal Code is hereby added to read as follows:
Chapter 10. Historic Preservation.
Section 9966. Historic Preservation Ordinance
This Chapter shall be known as the Historic Preservation Ordinance of the City of
Downey.
Section 9968. Purpose of the Historic Preservation Ordinance
The purpose of this Historic Preservation Ordinance is to promote the public health,
safety, and general welfare through the following measures:
(a) Implement the Downey General Plan, specifically Downey Vision 2025, Chapter 8.
Design, Goal 8.4 Enhance Downey's cultural resources, Policy 8.4.2. Preserve the
city's cultural resources, Program 8.4.2.1. Adopt a historic preservation ordinance
that would require a permit to demolish or modify a historic resource.
(b) Protect known historic resources that are listed in or formally determined eligible for
listing in the National Register of Historic Places or California Register of Historical
Resources or recognized as a significant historical resource in the Downey General
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Plan and historic resources that may be subsequently identified by the City.
Section 9970. Definitions
(a) Character -Defining Features: The physical elements and characteristics of a historic
resource that lend the resource its authenticity and significance. Character -defining
features can include, but are not limited to, a property's setting and site plan, overall
form and massing, architectural style, materials, finishes, openings and decorative
detailing.
(b) City Planner: The head of the Planning Division of the Community Development
Department of the City, or designee charged with the responsibility for the
interpretation and administration of the Downey Municipal Code.
(c) Commission: The Planning Commission of the City of Downey.
(d) Demolition: Each of the following definitions independently constitutes demolition of a
historic resource:
(1) The complete destruction or removal of a building, structure, site or object, or
(2) Removal of more than 50 percent of the perimeter walls of a building or
structure. An existing exterior wall that is proposed to become an interior wall is
considered a removed wall for purposes of calculating 50% exterior wall
removal, or
(3) Substantial removal of a structural wall of a street -facing or primary elevation of
a building or structure that may have an adverse effect on the historical
significance of a historic resource.
(e) Demolition by Neglect: The failure to provide ordinary and necessary maintenance
and repair, as defined in Section 4 to a historic resource, whether the neglect is
willful or unintentional or by design, by the owner or any party in possession of the
property, which results in one or both of the following conditions:
(1) The severe deterioration of exterior features so as to create or permit a
dangerous or unsafe condition to exist, as defined in Section 5902 — Prohibited
Public Nuisance Conditions.
(2) The severe deterioration of exterior walls, roof, chimneys, doors, windows,
porches, structural or ornamental architectural elements, or foundations, that
could result in permanent damage and loss of the architectural and/or historic
significance of a historic resource.
(f) Historic Resource: For the purpose of this Historic Preservation Ordinance, a historic
resource shall mean a property that meets any of the following criteria:
(1) Listed in in the National Register of Historic Places.
(2) Formally determined eligible for listing in the National Register of Historic Places
by the Keeper of the National Register of Historic Places or in a federal
regulatory process, including Section 106 of the National Historic Preservation
Act of 1966 or Historic Preservation Tax Certification.
(3) Listed in the California Register of Historical Resources.
(4) Formally determined eligible for listing in the California Register of Historical
Resources by the State Historical Resources Commission or by the State
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Downey Planning Commission
Historic Preservation Officer.
(5) Recognized as a significant historical resource in the Downey General Plan
(Downey Vision 2025, Chapter 8. Design, pages 8-15 — 8-16) if so designated
as constituting a historic resource subject to this Chapter by resolution of the
Planning Commission.
(6) Recognized as constituting a historic resource subject to this Chapter by
resolution of the Planning Commission, if meeting the following criteria:
(i) Must be at least 50 years old; and
(ii) Is associated with persons or events significant in local, State, or national
history; or
(iii) It reflects or exemplifies a particular period of national, State, or local history;
or
(iv) It embodies the distinctive characteristics of a type, style, period of
architecture, or method of construction.
(A) Historic resources under this definition may include an improvement,
natural feature, structure, place, site, fence, gate, wall, work of art or
other object constituting a physical feature of real property.
(g) Historic Resource Economic Hardship Waiver: A waiver granted to a property owner
or applicant for a Certificate of Appropriateness for a project that due to an economic
hardship does not comply with the Secretary of the Interior's Standards. The
approval may include provisions to maintain as much as possible of the historic
integrity of the property.
(h) Integrity: The ability of a property to convey its historical significance. A property
would typically possess several of the following seven aspects of integrity, as defined
in National Register Bulletin 15, to convey its significance: Location, Design, Setting,
Materials, Workmanship, Feeling and Association.
(i) Project (Major): Includes, but is not limited to, any of the following:
(1) Any demolition or relocation of a historic resource, or removal of a character -
defining feature of a historic resource.
(2) Any undertaking that significantly alters or changes the street -facing or primary
elevation of a historic resource, including changes to materials or muntin
patterning of windows and doors or to the sizes of their openings, the application
of new exterior wall cladding or coating which changes the appearance, design,
or texture of a property, and the addition of dormers and other architectural
features.
(3) Any addition of square footage to a primary building elevation.
(4) Any addition of a height greater than that of the existing building, if the addition
is visible from the street.
(5) Substantial removal (i.e., generally more than 50%) or replacement of exterior
cladding on a street -facing (including corner side) or primary elevation.
(6) Construction of an accessory structure in front of the primary structure.
(7) Any undertaking determined major by the City Planner.
PLN-22-00107 — Historic Preservation Ordinance
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Resolution No.
Downey Planning Commission
Q) Project (Minor): Includes, but is not limited to, any of the following:
(1) Any demolition or removal of non -character -defining exterior features of a
historic resource, including additions, windows, doors, and exterior siding
material that is non -original or otherwise lacking in historic integrity.
(2) Any undertaking requiring a permit that does not change substantially the
exterior character -defining features of a historic resource, including re -roofing in
a different material that replicates the existing or original roofing, in -kind
replacement of deteriorated exterior features, replacement windows and doors
matching the size, design and materials of the existing or original windows and
doors and additions on secondary elevations that are not in the same building
plane as the primary elevation.
(3) Any undertaking to the environmental setting of a historic resource if the
environmental setting has been determined to be significant by evaluation.
(4) Any undertaking not requiring a permit that materially alters character -defining
features of a historic resource or that may have an adverse effect on the
significance of a historic resource, including resurfacing exterior finishes (e.g.,
plaster cement in a radically different texture), or cleaning or painting of
masonry.
(5) Any undertaking determined minor by the City Planner.
Section 9972. Planning Commission Authority.
(a) The Planning Commission shall have the power and authority to perform all of the
duties enumerated and provided for in this Chapter and shall act in accordance with
its established rules and bylaws.
(b) For the purposes of this Chapter, the Director of Community Development, or the
Director's designee, shall serve as administrative staff and as secretary to the
Commission.
Section 9974. Historic Resources Subject to the Historic Preservation Ordinance
The Commission may designate as a historic resource subject to this Chapter any or all
of the significant historical resources identified in the Downey General Plan or it may so
designate any other property to be subject to this Chapter based on the criteria contained in
Section 9970, by adoption of a resolution of the Planning Commission, following a public
hearing noticed in accordance with Downey Municipal Code Section 9804. Decisions of the
Planning Commission shall be subject to appeal under Downey Municipal Code Section 9806.
Section 9976. Minimum Maintenance Requirements
(a) 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.
(b) A Certificate of Appropriateness or Certificate of Economic Hardship 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.
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(c) It shall be the duty of the Building and Safety Director to enforce this section with
guidance from the City Planner.
(d) 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:
(1) Facades that may fall and injure a member of the public or property;
(2) Deteriorated or inadequate foundation, defective or deteriorated flooring or floor
supports, deteriorated walls or other vertical structural supports;
(3) Members of ceilings, roofs and roof supports or other horizontal members which
age, split or buckle due to defective material or deterioration;
(4) Deteriorated or insufficient waterproofing of exterior walls, roofs, foundations or
floors, including broken windows or doors;
(5) Defective or insufficient weather protection for exterior wall covering, including
lack of paint or weathering due to lack of paint (if surface was historically
painted) or other protective covering; and
(6) Any fault or defect which renders it not properly watertight or structurally unsafe.
Section 9978 Alteration, Demolition, or Relocation of a Historic Resource
(a) Compliance with Section. No person, owner, or other entity shall undertake a major
or minor project to a historic resource or demolition of a historic resource without first
obtaining approval of an application for Certificate of Appropriateness in compliance
with this Section.
(b) Review procedures for Certificate of Appropriateness.
(1) Major project. The Planning Commission may approve, approve with conditions,
or disapprove an application for a Certificate of Appropriateness for a proposed
major project.
(2) All applications for which the Planning Commission is the review authority shall
be processed in compliance with the standard review procedures identified in
Downey Municipal Code Section 9804 (Public Hearing).
(3) Minor project. The City Planner may approve, approve with conditions, or
disapprove an application for a Certificate of Appropriateness for a proposed
minor project.
(4) All decisions by the City Planner may be appealed to or called for review by the
Planning Commission or City Council following procedures in Downey Municipal
Code Section 9806 (Appeal).
(c) Required findings for approval of a Certificate of Appropriateness. Approval of a
Certificate of Appropriateness shall be based on the following findings, unless a
Historic Resource Economic Hardship Waiver is approved pursuant to Section 6.
(1) If a project involves alteration or new construction, the project complies with the
Secretary's Standards and any adopted guidelines based on the Secretary's
Standards.
(2) If a project involves demolition or relocation, the project will not cause a
significant substantial adverse change as defined in the State CEQA guidelines.
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(d) Additional findings for demolition of historic resources. In addition to the findings
required in Section 9978(b), the Planning Commission must make the following
findings to approve demolition of a historic resource, unless a Historic Resource
Economic Hardship Waiver is approved pursuant to Section 9980:
(1) The owner, or other person in charge of the historic resource, has maintained
the historic resource in compliance with Section 9976. Minimum Maintenance
Requirements, and
(2) The historic resource has experienced severe structural damage that is unable
to be repaired and there is substantial evidence to support this conclusion from
at least two qualified professionals managed by the City and paid for by the
applicant (e.g., structural engineer, historic architect); OR
(3) No economically reasonable, practical, or viable measures could be taken to
adaptively use, rehabilitate, or restore the historic resource and there is
substantial evidence to support this conclusion from at least two qualified
professionals managed by the City and paid for by the applicant (e.g., structural
engineer, historic architect); or
(4) A compelling public interest justifies demolition.
(e) Conditions of approval. As a condition of approval of an application for Certificate of
Appropriateness, the review authority may require historic materials to be salvaged
from a property, and it may require archival -quality photo -documentation of the
building and/or architectural drawings similar to those required for the Historic
American Buildings Survey (NABS), in addition to any other specific conditions that it
may deem appropriate to ensure that the findings for approval of the application can
be made.
Section 9980. Historic Resource Economic Hardship Waiver
(a) 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.
(b) 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:
(1) Cost estimate of the proposed construction, addition, alteration, demolition or
relocation;
(2) 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;
(3) 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;
(4) The estimated market value of the property in its current condition;
(5) The estimated market value of the property after completion of the proposed
construction, alteration, demolition or relocation;
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Resolution No.
Downey Planning Commission
(6) The estimated market value of the property after any condition recommended by
the commission;
(7) In the case of demolition, the estimated market value of the property after
renovation of the existing property for continued use;
(8) 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;
(9) 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;
(10) Remaining balance on any mortgage or other financing secured by the property
and annual debt service, if any, for the previous two years;
(11) All appraisals obtained within the previous two years by the owner or applicant
in connection with the purchase, financing or ownership of the property;
(12) 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;
(13) Any listing of the property for sale, rent, price asked and offers received, if any,
within the previous two years;
(14) 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;
(15) Required fee(s), as set by council resolution.
(c) Certificate of economic hardship findings. The following findings shall be made for
approval of all certificate of economic hardship applications.
(1) Denial of the application will diminish the value of the subject property so as to
leave substantially no value.
(2) Sale or rental of the property is impractical, when compared to the cost of
holding such property for uses permitted in this zone.
(3) An adaptive reuse study has been conducted and found that utilization of the
property for lawful purposes is prohibited or impractical.
(4) Rental at a reasonable rate of return is not feasible.
(5) Denial of the certificate of appropriateness would damage the owner of the
property unreasonably in comparison to the benefit conferred on the community.
(6) 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.
PLN-22-00107 — Historic Preservation Ordinance
September 21, 2022 — Page 9
PC Agenda Page 13
Resolution No.
Downey Planning Commission
Section 9982. Enforcement and Remedies
(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.
SECTION 2. If any section, subsection, paragraph, sentence, clause or phrase of this
Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise
invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council declares that it would have adopted this Ordinance, and each section,
subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or
more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and cause
the same to be published in the manner prescribed by law.
PLN-22-00107 — Historic Preservation Ordinance
September 21, 2022 — Page 10
PC Agenda Page 14
Resolution No.
Downey Planning Commission
APPROVED AND ADOPTED this day of_____.2O22.
MAR|AAL|CiADUARTE.CMC
City Clerk
STATE OFCALIFORNIA
COUNTY OFLO@ANGELES
CITY OF DOWNEY
I HEREBY CERTIFY that the foregoing Ordinance No. 22- was introduced at a
Regular Meeting of the City Council Ofthe City OfDowney held on the Of 2022 and
adopted at 8 regular meeting of the {}ib/ Council of the City Of Downey held on the
of. 2022, by the following vOtS, to wit:
AYES:
Council Members:
NOES:
Council Member:
ABSENT:
Council Member:
ABSTAIN:
Council Member:
UFURTHER CERTIFY that aSummary ofthe foregoing OrdinanceNo.
published in the []OVVOHy Patriot, 8 newspaper of general Ci[CU|8UOO in the City Of DOVVOey' OO
.2022(after |ntn}du{t|0n>.and On .2O22 adoption,
including the vote thereon). It was also posted in the regular posting p|8C8S in the City of
Downey unthe same dates.
MAR|AAL|CiADUARTE.CMC
City Clerk
pLw-22-0O10r—Historic Preservation Ordinance
PC Agenda Page 15