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10-3-3219: CERTIFICATE OF APPROPRIATENESS:
No person, owner, or other entity shall alter, restore, reconstruct, relocate, rehabilitate, stabilize, demolish, or change the exterior appearance of a designated landmark or contributing property without first having applied for and been granted a certificate of appropriateness or certificate of economic hardship, unless the work proposed qualifies as "ordinary maintenance and repair" as defined in this article. Furthermore, a certificate of appropriateness or certificate of economic hardship may be required for alterations, demolition, new construction, and exterior changes in appearance of noncontributing properties in a designated historic district, as provided below.
   A.   Applications: An owner of a historic property or a noncontributing property in a historic district may request a certificate of appropriateness 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.
   B.   Ordinary Maintenance And Repair: A certificate of appropriateness shall not be required for ordinary maintenance and repair of a designated landmark or property within a historic district. Ordinary maintenance and repair shall mean work on a landmark property or property within a historic district that meets all of the following conditions:
      1.   Does not, by law, require issuance of a permit;
      2.   Involves regular, customary, or usual care of an existing building, structure, object, or site, for the purposes of preserving said property and maintaining it in a safe and sanitary condition; and
      3.   Does not involve a change of design, material, or appearance of the property.
   C.   Standards For Review Of Noncontributing Properties In A Historic District: Any construction work proposed on a noncontributing property shall be reviewed to assure that the scale, massing, materials, and design of the work is compatible with the district.
Unless otherwise set forth in this article, a certificate of appropriateness shall be required prior to issuance of a permit for the following activities involving noncontributing properties:
      1.   New construction, including new buildings, structures, and objects, and new ancillary features such as fences, gates and walls; and
      2.   Remodeling and additions visible from the public right of way.
An application for a certificate of appropriateness for work proposed on a noncontributing property shall be reviewed in the same manner as a certificate of appropriateness for work proposed on a landmark or contributing property.
   D.   Administrative Review: A certificate of appropriateness may be issued by the director for work that meets the following conditions:
      1.   Requires a permit, and
      2.   Does not involve a change of design, material, appearance, or visibility of the character defining features of a designated landmark or property within a historic district.
All proposed work on a landmark or contributing property shall comply with the secretary of the interior's standards. All proposed work on a noncontributing property shall comply with the standards set forth in subsection C of this section.
If the director determines that the proposed work would not result in a significant change of design, material, appearance, or visibility of character defining features, and: a) with respect to landmarks and contributing properties, would comply with the secretary of the interior's standards; or b) with respect to noncontributing properties, would comply with the standards set forth in subsection C of this section, then the director shall issue the certificate of appropriateness.
If the director determines that the proposed work might result in a significant change of design, material, appearance or visibility of character defining features, or: a) with respect to landmarks or contributing properties, might not comply with the secretary of the interior's standards; or b) with respect to noncontributing properties, might not comply with the standards in subsection C of this section, then the director shall refer the application for a certificate of appropriateness to the commission for review.
If the director determines that the proposed work would result in a significant change of design, material, appearance or visibility of character defining features, or: a) with respect to landmarks or contributing properties, would not comply with the secretary of the interior's standards; or b) with respect to noncontributing properties, would not comply with the standards set forth in subsection C of this section, then the director may deny the application for a certificate of appropriateness or refer the application to the commission for review.
      3.   An application for a certificate of appropriateness shall be acted upon by the director within twenty one (21) days of receipt of a complete application.
      4.   Work that may be approved pursuant to administrative review includes, but is not limited to, the following:
         a.   In-kind replacement of historically faithful architectural features or building elements that are deteriorated or damaged beyond repair, or were previously removed, including windows, doors, exterior siding, porches, cornices, balustrades, and stairs;
         b.   In-kind replacement of historically faithful built or cultivated site or landscape features that are deteriorated or damaged beyond repair, or were previously removed, including gates, fences, walls, hedges, pergolas, gazebos, walkways, and planting beds;
         c.   Replacement or repair of roof covering materials, gutters, and downspouts, with no change in appearance;
         d.   Foundation work and repainting of bricks on the exterior of a structure, with no change in appearance;
         e.   Addition of new fences and walls;
         f.   Addition or replacement of awnings and building mounted signs;
         g.   Landscape alterations, or removal or installation of tree and plant material not specifically designated or listed as character defining features of the property or district;
         h.   New paving for driveways, walkways, and/or patios;
         i.   Repainting of exterior surfaces that were originally intended to be painted. No surfaces that were not intended to be painted shall be painted including unpainted brick, concrete, or stone surfaces;
         j.   Installation of new exterior lighting;
         k.   Removal of additions to restore the original appearance of a building, structure, or object;
         l.   Electrical, plumbing, utility work, and other permits for mechanical and other building systems, including rooftop appurtenances not visible from the public rights of way which result in no change in appearance to the property;
         m.   One-story residential additions, excluding attached garages, that are no more than fifteen percent (15%) of the size of the existing main residence and have limited or no visibility to public rights of way; and
         n.   Other minor rehabilitation work as determined by the director.
   E.   Commission Review: When a certificate of appropriateness application is referred to the commission for review, a complete application shall be one that includes a report from a qualified historic preservation consultant detailing the project's compliance with, and potential deviation from, the secretary of the interior's standards in the case of landmarks or contributing properties, or subsection C of this article in the case of noncontributing properties.
When a certificate of appropriateness is requested for demolition or relocation of a landmark or contributing property, additional supporting materials and justification may be required as specified in the city's administrative guidelines.
Upon receipt of a complete application, the commission shall issue or decline to issue the certificate of appropriateness within sixty (60) days. The time limits in this section shall be extended by the director when necessary to comply with the provisions of CEQA, with the written consent of the owner, or to allow city staff an additional period of time not exceeding thirty (30) days in which to analyze information submitted to the city at or near the end of the sixty (60) day period in which to act on the application. A public hearing shall be scheduled and notice provided per this article and CEQA where applicable. The time, place, and purpose of the public hearing on the proposed certificate of appropriateness shall be given by written notice sent via certified mail, return receipt requested, to the owner or owner's designated representative at least fifteen (15) days prior to the date of the hearing.
The applicant for a certificate of appropriateness may submit such evidence to the commission as it deems appropriate at or prior to the hearing. At the hearing, the commission shall consider this and any other relevant information, as well as the reasonable economic, environmental, and technical feasibility of the proposed work, in determining whether to issue a certificate of appropriateness.
The commission shall issue a certificate of appropriateness if it finds that the work:
      1.   Complies with the secretary of the interior's standards; or
      2.   Does not demonstrate strict compliance with the secretary of the interior's standards, but nonetheless protects and preserves the historic and architectural qualities and the character defining features of a landmark or contributing property; or
      3.   Satisfies the requirements of subsection C of this section with respect to a noncontributing property; or
      4.   Meets the criteria established for alteration, restoration, reconstruction, relocation, rehabilitation, stabilization, or demolition of a landmark or contributing property in the city's administrative guidelines.
   F.   Extension Of Time Periods: Any period of time to act specified in subsection D or E of this section may be extended by the commission or the director upon request of the owner of the subject property. Such a request shall be made in writing or on the record at a noticed hearing.
   G.   Term: A certificate of appropriateness shall lapse and become void twenty four (24) months from the date of issuance, unless a building permit (if required) has been issued and the rights granted by the permit or certificate have been exercised and are being pursued to completion. For purposes of this subsection, the term "exercised" means substantial expenditures in good faith reliance upon the permit or certificate. The burden of proof in showing substantial expenditures in good faith reliance upon the permit or certificate shall be placed upon the permit or certificate holder.
   H.   Extensions Of Certificates: So long as the approved plans have not been modified, a certificate of appropriateness may be extended for a period of up to an additional twelve (12) months upon request by the owner and submittal of an appropriate application and payment of applicable fees. The director may approve, conditionally approve, or deny any request for a time extension, or may refer the request to the commission, which may approve, conditionally approve, or deny any request for a time extension based upon criteria established in the city's administrative guidelines.
   I.   Modifications: An application to modify an issued certificate of appropriateness, or a condition of approval imposed thereon, shall be heard and considered in the same manner and by the same body as the originally reviewed application unless otherwise determined by the director. Payment of applicable fees is required upon submitting an application for modification. (Ord. 15-O-2682, eff. 11-19-2015)
10-3-3220: CERTIFICATE OF ECONOMIC HARDSHIP:
The commission may issue a certificate of economic hardship to allow demolition, alteration, or relocation of a designated landmark or contributing property when it finds that denial of an enabling certificate of appropriateness would cause undue economic hardship for the property's owner(s). Any landmark or contributing property that is otherwise subject to a specific plan shall not be eligible for a certificate of economic hardship under this section.
   A.   Applications: An owner of a historic property may request a certificate of economic hardship 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 to process the application and fund a peer review, by one or more appropriate consultants selected by the city, of the information submitted by the applicant. The application shall also include the following information:
      1.   The estimated market value of the property in its current condition.
      2.   The estimated market value of the property after completion of the proposed demolition, alteration, or relocation.
      3.   The estimated costs of the proposed demolition, alteration, or relocation.
      4.   A 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.
      5.   If the property owner contends that there is a dangerous or unsafe condition on the property, a report from an expert consultant identifying the condition, its cause, and all feasible rehabilitation, restoration, stabilization, and/or reconstruction measures that may be required to abate the condition.
      6.   The estimated costs of all feasible rehabilitation, restoration, stabilization, and/or reconstruction measures that may be required to eliminate existing structural deficiencies or unsafe conditions on the property.
      7.   The estimated market value of the property if the owner undertook all feasible rehabilitation, restoration, stabilization, and/or reconstruction measures that may be required to eliminate all existing structural deficiencies or unsafe conditions on the property.
      8.   For income producing properties located outside of areas of the city zoned for one-family development, information regarding annual gross income, operating and maintenance expenses, tax deductions for depreciation, annual cash flow after debt service, current property value appraisals, assessed property valuations, and real estate taxes.
      9.   An estimate of the potential economic benefits to the property owner of all development incentives and benefits readily available to the owner under this article.
      10.   Any other information the director may reasonably require in order to determine the present market value of the property, including, but not limited to:
         a.   All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing, or ownership of the property;
         b.   The amount paid for the property if purchased within the previous thirty six (36) months, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer; and
         c.   Any listing of the property for sale or rent, and prices asked, and offers received, if any within the previous two (2) years.
   B.   Public Hearing: Once the director determines that an application for a certificate of economic hardship and any applicable peer review(s) thereof are complete, the director shall schedule a public hearing before the commission concerning the application to occur within sixty (60) days, at which the commission may approve, conditionally approve, or deny the application. Such hearing may be held concurrently with any related application for a certificate of appropriateness. The time, place, and purpose of the public hearing shall be given by written notice sent via certified mail, return receipt requested, to the owner or owner's designated representative at least fifteen (15) days prior to the date of the hearing.
   C.   Findings: The commission shall not approve an application for a certificate of economic hardship unless it makes all of the following findings:
      1.   The current market value of the subject property is unconscionably less than the projected net value of the property after demolition, alteration, or relocation, based on the estimated market value of the property after demolition, alteration, or relocation and the estimated costs of demolition, alteration, or relocation; and
      2.   The projected net value of the subject property if all required rehabilitation, restoration, stabilization, and/or reconstruction measures are undertaken, based on the estimated market value of the property after rehabilitation, restoration, stabilization, and/or reconstruction, the estimated costs of rehabilitation, restoration, stabilization, and/or reconstruction, and the estimated economic benefits of all development incentives and benefits readily available under this article, is unconscionably less than the projected net value of the property after demolition, alteration, or relocation, based on the estimated market value of the property after demolition, alteration, or relocation and the estimated costs of demolition, alteration, or relocation.
   D.   Conditions Of Approval: If the commission approves an application for a certificate of economic hardship, it may condition its approval as it deems appropriate. Such conditions of approval may specifically include, but are not limited to, revocation of any previously granted historic incentive permit concerning the subject property.
   E.   Copies Of Certificate: Upon approval, copies of the certificate of economic hardship shall be forwarded to the applicant, the building official, the director, and any other department or agency upon request.
   F.   Effectiveness Of Certificate: No certificate of economic hardship shall become effective until the time to appeal its approval has expired.
   G.   Extensions Of Time Periods: Any period of time to act specified in this section may be extended by the commission or the director upon request of the owner of the subject historic property. Such a request shall be made in writing or on the record at a noticed hearing. (Ord. 15-O-2682, eff. 11-19-2015)
10-3-3221: CERTIFICATE OF INELIGIBILITY:
Any owner of a property not listed on the local register may at any time file an application with the city requesting a determination that the subject property is not an eligible property and therefore is exempt from the provisions of this article.
   A.   Applications: A request for a certificate of ineligibility shall be made 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. Copies of the application shall be provided promptly to members of the commission by the director to enable commissioners to provide information to the director concerning the subject property where appropriate.
   B.   Administrative Procedure: Within thirty (30) days after the filing of the application, 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.
Within thirty (30) days after the application is deemed complete, the director shall prepare and serve on the property owner by first class, prepaid mail a written preliminary evaluation stating whether or not the director finds that the subject property is an eligible property. If the director does not find that the property is an eligible property, the director shall issue the requested certificate of ineligibility; but if the director believes that the property is an eligible property, the director shall not issue the certificate. If the director fails to prepare and serve a preliminary evaluation regarding the subject property within the allotted thirty (30) days, such failure will be deemed a finding of ineligibility, and the director shall issue the requested certificate of ineligibility without further delay.
   C.   Hearing After Preliminary Evaluation: If the director declines to issue a requested certificate of ineligibility, the commission shall consider the matter de novo at its next regularly held meeting; 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 another meeting to occur within thirty (30) days after completion of the application at which the commission shall hear the matter. The director shall give written notice of the date, time, place, and purpose of the hearing to the applicant/appellant and any designated agent(s) by first class, prepaid mail not less than ten (10) days prior to the hearing. 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 the subject property is not an eligible property, it shall issue the requested certificate; but if the commission finds that the subject property is an eligible property, it shall not issue a certificate.
   D.   Effect Of Certificate Of Ineligibility: A certificate of ineligibility bars the commission or the city council from initiating landmark designation proceedings concerning the subject property, in whole or in part, for a period of seven (7) years from the date of issuance. While a certificate of ineligibility is in effect, the subject property shall not be listed on the local inventory, and shall not be subject to the provisions of sections 10-3-3217 and 10-3-3218 of this chapter.
   E.   Effect Of Nonissuance Of Certificate: A final determination not to issue a certificate of ineligibility bars the owner of the subject property, and any successor in interest, from filing another application for a certificate of ineligibility concerning the same property for a period of five (5) years. Any such final determination may also serve as a basis for the commission to list the subject property on the local inventory if it is not already so listed.
   F.   Extensions Of Time Periods: Any period of time to act specified in this section may be extended by the commission or the director upon request of the owner of the subject property. Such a request shall be made in writing or on the record at a noticed hearing. (Ord. 15-O-2682, eff. 11-19-2015)
10-3-3222: APPEALS; FINALITY OF DECISIONS REGARDING CERTIFICATES OF APPROPRIATENESS, CERTIFICATES OF ECONOMIC HARDSHIP, AND CERTIFICATES OF INELIGIBILITY:
   A.   Authority To Appeal Decisions: Only the applicant for a certificate of appropriateness, certificate of economic hardship, or certificate of ineligibility, or an owner of another property within a historic district in which the property that is the subject of the application is located, shall be entitled to file an appeal of a decision regarding the certificate pursuant to 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.
   B.   Finality Of Director Or Commission Decision: Any decision of the director or the commission regarding a certificate of appropriateness, certificate of economic hardship, or certificate of ineligibility under this article shall become final if no appeal is submitted within the applicable appeal period and the decision is not called up for review by the city council pursuant to the provisions of title 1, chapter 4, article 2 of this code.
   C.   Appeal Of Director Actions: A decision by the director pursuant to section 10-3-3219 of this chapter may be appealed to the commission within fifteen (15) days from the date of the decision pursuant to the procedures set forth in title 1, chapter 4, article 1 of this code.
   D.   Appeal Of Commission Actions: A decision by the commission pursuant to section 10-3-3219, 10-3-3220, or 10-3-3221 of this chapter may be appealed to the city council within fifteen (15) days from the date of the decision pursuant to the procedures set forth in title 1, chapter 4, article 1 of this code. A decision by the commission pursuant to any section of this article may be called up for city council review pursuant to the provisions of title 1, chapter 4, article 2 of this code. The city council shall act within sixty (60) days after an appeal is filed or the matter is called up for review, as the case may be, or within any additional period agreed to by the property owner or owners. Failure to act within the permitted time period shall be deemed a denial of the appeal and approval of the commission's decision. (Ord. 15-O-2682, eff. 11-19-2015)
10-3-3223: HISTORIC PROPERTY DISCLOSURE:
   A.   For purposes of this section, the following terms shall have the meanings set forth below:
    BUYER: A transferee in a real property transaction, including a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent with the object of entering into a real property transaction. "Buyer" includes vendee or lessee.
   LISTING AGENT: An agent who has obtained a listing of real property of the kind for which he or she is authorized by law to act as an agent for compensation.
   OFFER TO PURCHASE: A written contract executed by a buyer acting through a selling agent which becomes the contract for the sale of the real property upon acceptance by the seller.
   OWNER: Any person, copartnership, association, corporation, or fiduciary having legal or equitable title, or any other interest, in real property.
   REAL PROPERTY TRANSACTION: A transaction for the sale of real property in which an agent is employed by one or more of the principals to act in that transaction; includes a listing or an offer to purchase.
   SALE: A transaction for the transfer of real property from the seller to the buyer, and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of California Civil Code section 2985, and transactions for the creation of a leasehold exceeding one year's duration.
   SELLING AGENT: A listing agent who acts alone, or an agent who acts in cooperation with a listing agent, and who sells or obtains a buyer for the real property, or an agent who locates property for a buyer or who finds a buyer for a property for which no listing exists and presents an offer to purchase to the seller.
   B.   If a property has been designated by the city of Beverly Hills as a landmark, is a property within a designated historic district, is listed on the local inventory, or was designed by a person identified on the list of master architects, the owner or the selling agent of the property shall, in any real property transaction, provide the buyer of the property with notice informing the buyer of the property's historic or potentially historic status. If a preliminary title report indicates that the property was once owned and occupied by a person of great importance or a person of great local prominence, the owner or selling agent shall provide the buyer with notice informing the buyer of that fact as well. The owner or the selling agent shall provide the notice(s) to the buyer before expiration of any inspection contingency period, or in the absence of such contingency, at least ten (10) calendar days before the first scheduled date for the transfer of title to occur. The director shall prepare a written form for owners and selling agents to use as a means of facilitating the disclosures required pursuant to this section.
   C.   Any person who violates the provisions of this section shall be subject to the penalties and remedies specified in title 1, chapter 3 of this code. In addition, a buyer who does not receive the notice required by subsection B of this section may bring a civil action for damages and any other remedies available at law or in equity.
   D.   The disclosure requirements of this section shall not apply to real estate transactions subject to Civil Code section 1102.2 or any successor or amended section.
   E.   The disclosure requirements of this section are in addition to any disclosure obligations a property owner or agent may have under California law. (Ord. 15-O-2682, eff. 11-19-2015)
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