A property or geographical area may be designated as a landmark or historic district, respectively, and added to the city's local register, after proceedings are initiated by a property owner or the city, the property or geographical area is nominated for designation by the commission, and the property or geographical area is designated as a landmark or historic district by the city council pursuant to the proceedings set forth in this section.
A. Initiation Of Proceedings: Proceedings for designation of a landmark or historic district may be initiated by the property owner (in the case of a proposed landmark) or the owners of contributing properties (in the case of a historic district), by the commission, or by the city council.
1. Initiation By Property Owner(s): A property owner (in the case of a proposed landmark) or the owners of properties (in the case of a proposed historic district) may initiate designation proceedings by filing a written application with the department of community development. The application shall be completed on a form provided by the department, and shall include all required information and payment of applicable fees. When the application is by owners of properties for designation of a historic district, the application shall include a petition in support of the application signed by more than fifty percent (50%) of the property owners of legal lots within the proposed district, and shall also include a current list of names and legal mailing addresses of all property owners in the proposed district.
Within thirty (30) days after the filing, the director shall review the application materials and determine whether the application is complete or whether additional information is required. If the application is determined to be incomplete, the director shall promptly inform the applicant in writing of the missing information. Within thirty (30) days after the submittal of the missing information, the director shall again review the application materials and determine if the application is complete. The processing time lines and procedures set forth in this section shall commence on the next business day after the application is deemed complete.
a. In the case of a proposed landmark, if the property is not listed on the local inventory, then the application shall include sufficient information to establish that the property is an eligible property. In the case of a proposed historic district, if less than seventy percent (70%) of the properties in the geographical area are listed on the local inventory, then the application shall contain sufficient information to establish that all of the requirements for a historic district can be met.
b. Although historic districts are not permitted in any area of the city zoned for one-family development, the director shall make available a form of application whereby owners of multiple properties in such an area may jointly apply to have their properties considered for designation as individual landmarks.
2. Initiation By Commission Or City Council: The commission or the city council, as the case may be, may initiate designation proceedings concerning a proposed landmark by requesting that the matter be placed on its agenda at a noticed hearing.
a. The commission may initiate designation proceedings only with the agreement of the subject property's owner(s), or when the subject property either: 1) is listed on the local inventory; 2) was designed by a person identified on the local list of master architects; 3) was owned and occupied by a person of great importance; or 4) was owned and occupied by a person of great local prominence.
3. Preliminary Evaluation: Within fourteen (14) days after an application for designation is deemed complete, or after the commission or the city council, as the case may be, initiates designation proceedings, the director shall prepare a written preliminary evaluation opining whether or not sufficient evidence exists to support a finding that all of the applicable requirements for designation as a landmark or historic district, as the case may be, can be met, and setting forth all of the facts known to the director in support of said opinion. The director shall promptly forward copies of the preliminary evaluation to the city council, the commission, and the affected property owner(s).
4. Notice Of Preliminary Hearing: Upon completion of the preliminary evaluation, the director shall schedule a preliminary hearing before the commission (in the case of designation proceedings initiated by a property owner or the commission) or before the city council (in the case of designation proceedings initiated by the city council) at the reviewing body's next regularly held meeting to determine whether the proposed landmark or proposed historic district, as the case may be, merits formal consideration for nomination by the commission; provided, however, that if the next regularly scheduled meeting is set to occur less than ten (10) days or more than thirty (30) days after completion of the preliminary evaluation, the director shall schedule the preliminary hearing to occur within thirty (30) days after completion of the preliminary evaluation at another meeting of the reviewing body. The director shall give written notice of the date, time, place, and purpose of the hearing to all affected property owners (i.e., the owner(s) of a proposed landmark or the owners of all properties in a proposed historic district, as the case may be) and their designated agent(s) by first class, prepaid mail not less than ten (10) days prior to the hearing. Any affected property owner that has not yet received a copy of the preliminary evaluation report shall be given a copy with the notice of hearing.
5. Preliminary Hearing:
a. At a preliminary hearing initiated by application of a property owner, the commission shall determine whether sufficient evidence exists to conclude that the subject property or geographical area satisfies all applicable designation criteria, and, if so, whether the property or area merits formal consideration for nomination. If, based on the director's preliminary evaluation and any other evidence provided to the commission at or prior to the hearing, the commission determines that sufficient evidence exists and the property or area merits formal consideration, it shall schedule a public hearing before the commission within seventy five (75) days for the commission to consider nomination of a property, or within one hundred twenty (120) days for the commission to consider nomination of an area. If the commission determines that sufficient evidence does not exist, or that the property or area does not merit formal consideration, that shall be a final action of the commission, which is appealable pursuant to title 1, chapter 4, article 1 of this code or reviewable by the city council pursuant to title 1, chapter 4, article 2 of this code. Any determination as to whether or not the subject property or geographical area merits formal consideration for nomination shall be in writing, shall be filed by the commission secretary with the director, and shall be provided to the owner(s) of all properties that are the subject of the application. At a preliminary hearing initiated by the commission or the city council, the reviewing body shall determine whether sufficient evidence exists to conclude that the subject property is an eligible property, and, if so, whether the property merits formal consideration for nomination. If, based on the director's preliminary evaluation and any other evidence provided to the commission or the city council at or prior to the hearing, the commission or the city council, as the case may be, determines that sufficient evidence exists and the property merits formal consideration, it shall schedule a public hearing before the commission within seventy five (75) days for the commission to consider nomination. If the commission or the city council, as the case may be, determines that sufficient evidence does not exist, or that the property or area does not merit formal consideration, that shall be a final action of the reviewing body; if such action is by the commission, it is appealable pursuant to title 1, chapter 4, article 1 of this code or reviewable by the city council pursuant to title 1, chapter 4, article 2 of this code. Any determination as to whether or not the subject property merits formal consideration for nomination shall be in writing, shall be filed by the commission secretary or the city clerk with the director, and shall be provided to the property owner(s).
B. Historic Assessment Report: Upon a determination that the subject property (in the case of a proposed landmark) or geographical area (in the case of a proposed historic district) satisfies the applicable designation criteria and merits formal consideration for nomination by the commission, the director shall cause to be prepared a written historic assessment report concerning the property or geographical area to be used at all future designation proceedings. The report shall be completed no more than forty five (45) days after a determination that formal nomination consideration is merited for an individual property, and no more than ninety (90) days after a determination that formal nomination consideration is merited for a geographical area, and copies of the report shall be immediately provided to the owner(s) of the proposed landmark or of all properties in the proposed historic district, as the case may be, by first class, prepaid mail. Copies of the report shall also be promptly provided to the designated agents of the property owner(s) by first class, prepaid mail, and to the city council and the commission, which in any event shall occur not less than fifteen (15) days prior to the hearing at which the commission shall formally consider nomination. Failure to provide copies of the assessment report to the property owner(s) within the time periods set forth in this subsection shall, upon the request of a property owner, require a continuance of the nomination hearing for a period of time not to exceed the number of days of the delay; provided, however, that if copies of the report are not provided to the property owners(s) within sixty (60) days after the commission's determination to formally consider nomination of a proposed landmark, or within one hundred five (105) days after the commission's determination to formally consider nomination of a proposed historic district, then such a failure will be deemed to be a final decision by the commission not to nominate the subject property or district.
1. If the subject property (in the case of a proposed landmark) or a property located in the geographical area (in the case of a proposed historic district) is not readily visible from the public right of way, the owner(s) of the property shall grant the city's qualified historic preservation consultant access to the exterior of the buildings and structures on the property for purposes of preparing the historic assessment report. Such access shall be granted within fifteen (15) days after the commission or the city council determines that the proposed landmark or historic district merits formal consideration for nomination; if access is not granted during that fifteen (15) day period, then the time periods set forth in this subsection shall be extended for as long as access is denied after the expiration of the fifteen (15) day period.
C. Notice Of Nomination Hearing: Written notice of the date, time, place, and purpose of a public hearing for the commission to formally consider nominating a property or geographical area for designation as a landmark or historic district, as the case may be, shall be given by first class, prepaid mail not less than fifteen (15) days prior to said hearing to the applicant, if any, and to all owner(s) of the affected properties and their respective designated agent(s). The commission may also direct that other notice be provided as it deems appropriate.
D. Nomination Hearing: At the conclusion of a public hearing, or any continuation thereof, but in no case more than forty five (45) days after the date first set for the hearing, the commission shall nominate, in whole or in part, or decline to nominate the subject property or geographical area for designation as a landmark or historic district, as the case may be. The decision of the commission shall be in writing and shall state the findings of fact and reasons relied upon to reach the decision, and such decision shall be filed with the director. If the commission fails to take action on the matter within the allotted forty five (45) days, such inaction shall be deemed a decision not to nominate, and it shall be the duty of the director to certify that as the decision of the commission. Upon the commission's rendering of a decision regarding nomination of a property or district, the director shall give written notification to the owner(s) of the subject property or owners of all properties in the proposed district.
E. Findings By The Commission: The commission shall base its decision on the city's historic assessment report, such other evidence as is introduced at or prior to the nomination hearing, and the requirements for designation set forth in this article. If nominating a property for designation as a landmark, the commission shall specify the significant elements or character defining features of the property. If nominating a historic district, the commission shall identify all contributing properties in the proposed district along with the buildings, structures, objects, and character defining features located on each, and shall also identify the district's boundary and unifying theme, plan, or physical development, and the contributing properties' common architectural style or architectural type or architectural period. Properties, buildings, structures, and objects that happen to be located within a proposed district but are not identified as contributing properties shall be deemed noncontributing properties.
F. Authority To Appeal: Only an owner of property subject to the designation proceedings shall have the authority to appeal a decision by the commission pursuant to the provisions of title 1, chapter 4, article 1 of this code. The city council shall have the authority to call up such decisions for review pursuant to the provisions of title 1, chapter 4, article 2 of this code. If the commission's decision not to nominate is not appealed to the city council or called up for review within the applicable statutory time period, then the decision shall be deemed a final decision not to designate.
G. Hearing And Decision By The City Council: The city council shall consider the matter as soon as practicable after receiving the commission's nomination of a property or area for designation, or after receiving a timely appeal of a commission's decision not to nominate, or after timely voting to call up such a decision. The city council by written resolution may approve, reject, or give modified approval to the commission's action, but any resolution to approve a nomination or reverse a decision not to nominate must be supported by four (4) members of the council if any owner of the proposed landmark, or of a property in the proposed historic district, opposes designation; provided, however, that if conflicts of interest result in a quorum comprised of only three (3) members of the council, then such a resolution may be supported by three (3) members of the council. If the city council approves a nomination, or rejects a commission decision not to nominate, then the subject property(ies) shall be designated as a landmark or historic district, as the case may be, and the city clerk shall notify the owner(s) of the landmark, or the owners of the properties in the historic district, of the city council's action. If the city council fails to take final action on the matter within ninety (90) days after first acquiring jurisdiction over the matter pursuant to this section, or within such additional time as the city and the property owner(s) may mutually agree to, such inaction shall be deemed a final decision not to designate.
H. Historic Property Resolution: The resolution designating a landmark or historic district shall include:
1. The location of the landmark or the boundaries of the historic district, as the case may be;
2. For a historic district, a description of the district's boundary and unifying theme, plan, or physical development, and a list of the contributing properties and their common architectural style or architectural type or architectural period;
3. A description of the period of significance of the landmark or historic district;
4. A description of the particular attributes that justify the designation and a list of the character defining features that should be preserved;
5. The reasons for designation; and
6. A set of general guidelines to establish standards for future proposed changes.
I. Recordation Of Resolution: A certified copy of such resolution shall be recorded in the office of the county recorder of the county of Los Angeles by the city clerk immediately following its effective date. The city clerk shall also send a copy of said resolution to the director, the director of public works and transportation, the building official, and the owner(s) and occupant(s) of the subject property or properties. The document to be recorded shall contain:
1. A legal description of the property or properties;
2. The date and substance of the designation;
3. A statement explaining that demolition, alteration, relocation, rehabilitation, stabilization, or reconstruction of the property is restricted; and
4. A reference to this section authorizing the recordation.
J. Effect Of Designation: Upon designation, and thereafter, the provisions of this article shall apply to the designated property, historic district, and properties within the historic district. The owner(s) of said property(ies) shall maintain and preserve the property(ies) as required by section 10-3-3206 of this chapter.
K. Effect Of Nondesignation: When designation proceedings initiated by application of a property owner result in a nondesignation (i.e., a decision by the commission not to formally consider a nomination or not to nominate, or a decision by the council not to designate) of a proposed landmark or historic district, then no application concerning the same property (in the case of a proposed landmark) or substantially the same geographical area (in the case of a proposed historic district) shall be considered by the city for a period of five (5) years from the effective date of the final action on the prior application. When designation proceedings initiated by the commission or the city council result in a nondesignation of a proposed landmark, then the city shall issue a certificate of ineligibility regarding the subject property as set forth in subsection 10-3-3221C of this chapter.
L. Withdrawal Of Application: An application for designation of a landmark or historic district may be withdrawn at any time prior to designation by the city council. A withdrawal shall be made in writing by the original applicant(s) in the case of a proposed landmark, or by the owners of a majority of the subject properties in the case of a proposed historic district. A withdrawn application shall be deemed void ab initio for purposes of the application of this article, except that any fees paid to the city prior to the withdrawal shall not be repaid or reimbursed.
M. Effect Of Denial Of Request To Rescind Historic Designation: When an owner of a property designated as a landmark or contributing property files an application to have that designation rescinded under section 10-3-3216 of this chapter, and when such request is denied by the city, no new application to delete the same property(ies) from the local register may be filed or submitted for a period of two (2) years from the effective date of the denial.
N. Extension Of Time Periods: Any period of time to act specified in this section may be extended by the city council, the commission, or the director upon request of the owner of the proposed landmark or, in the case of a proposed historic district, of a majority of the property owners that signed the petition filed with the application for designation. Such a request shall be made in writing or on the record at a noticed hearing. In the absence of such a request, if the city is unable to act within a period of time specified in this section, the city shall automatically receive a fourteen (14) day extension of time in which to act; provided, however, that the city may only receive one such automatic extension during the course of the proceedings specified in this section, and if the automatic extension results in a shorter notice period or period in which an owner of a subject property may act or prepare to act, then the owner shall be granted an identical extension of time upon request. (Ord. 15-O-2682, eff. 11-19-2015)