HomeMy WebLinkAboutItem 11b - Adopt Histroric Preservation Ordinance
DATE: April 2, 2019
TO: Honorable Mayor and City Council
FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director
Lisa L. Flores, Planning & Community Development Administrator
SUBJECT: ORDINANCE NO. 2359 AMENDING VARIOUS SECTIONS OF ARTICLE
IX, CHAPTER 1 OF THE ARCADIA MUNICIPAL CODE (THE
“DEVELOPMENT CODE”), WITH AN EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”), TO
IMPLEMENT A HISTORIC PRESERVATION ORDINANCE
Recommendation: Introduce
SUMMARY
At the February 19, 2019, City Council meeting, a public hearing was held to consider a
Draft Historic Preservation Ordinance. At the conclusion of the hearing, public testimony
was closed and the City Council agreed in concept to a Draft Ordinance. The City Council
further directed that the Ordinance be modified pursuant to their decision and be returned
at a later date for introduction.
At the March 19, 2019, the City Council had additional discussion, and voted to introduce
the Ordinance with the following modifications: to make participation in the historic
designation process fully voluntary, to remove the ability for the Council to supersede an
owner’s objection to a designation request, and to modify the criteria fo r formation of a
Historic District. With these changes, the revised Ordinance was introduced on March 19,
2019, by a vote of 4-0 with one abstention.
It is recommended that the City Council adopt Ordinance No. 2359 amending various
Sections of Article IX, Chapter 1 of the Arcadia Municipal Code (the “Development
Code”), with an exemption under the California Environmental Quality Act (“CEQA”), to
implement a Historic Preservation Ordinance.
Historic Preservation Ordinance - Adopt
April 2, 2019
Page 2 of 4
BACKGROUND
Text Amendment No. TA 18-02 has been prepared to amend various sections of the
Arcadia Development Code to adopt a Citywide Historic Preservation Ordinance. In
addition to providing processes for designating historic properties, forming historic
districts, and participating in the Mills Act Program, t he Ordinance originally proposed a
list of 176 resources that were identified as being potentially eligible for listing as a historic
resource at the federal, state, and/or local level.
At their January 8, 2019, meeting, the Planning Commission held a Public Hearing on the
draft Historic Preservation Ordinance. Following public testimony and discussion, the
Planning Commission recommended adoption of a Historic Preservation Ordinance, but
as a voluntary or “consensual” Ordinance. The Planning Commission also recommended
that the list of eligible resources not be adopted, and that their individual comments be
forwarded to the City Council.
At the February 19, 2019, meeting, the City Council took additional public testimony and
engaged in lengthy discussion. At the conclusion of the meeting, the City Council agreed
in concept to the actions listed below:
1. Introduction of a new Historic Preservation Ordinance.
2. Elimination of the list of eligible historic properties and removed it as part of the
Ordinance.
3. Retaining of the City Council’s ability to override a property owner’s objection to
being designated as a historic landmark, but mentioned that there are only a
handful of “gems” that this power would be considered for.
4. Formation of Historic Districts if 75% of the owners within the District agreed, and
at least 60% of the structures in the district were contributing to the historic
nature of the District. For a District, there would be no Council override ability if
the 75% thrshold was not met.
The revised Ordinance No. 2359 was presented to the City Council on March 19, 2019.
At this meeting, public comment was provided, although since the hearing was previously
closed this comment period was not made part of the public record on this item. The City
Council discussed the Ordinance and voted to make the following modifications:
1. Make participation in designating an individual historic landmark a voluntary
process only.
2. Remove the ability of the City Council to supersede an owner’s objection to a
designation request.
3. Change the criteria for formation of a Historic District to require that 100% of all
contributing resources within a proposed District must sign on and agree with the
formation of that District in addition to the 60%/75% thresholds that were already
in the proposed Ordinance.
Historic Preservation Ordinance - Adopt
April 2, 2019
Page 3 of 4
With the above changes, the City Council introduced Ordinance No. 2359 on March 19.
Ordinance No. 2359 has been modified to reflect these actions and is included as
Attachment No. 1 to this Staff Report.
In addition to Ordinance No. 2359, a resolution establishing fees for historic preservation
applications and processes will be provided at a later date for City Council consideration.
ANALYSIS
The City Council discussion on March 19, focused on whether the Ordinance should be
voluntary and whether the City Council should retain the ability to preserve specific
resources over the objection of the property owner. Originally, a clause had been added
into the Ordinance to allow a City Council “override” of a property owner’s objection to a
historic designation because the City Council felt that there are a small number of
structures or resources in the City that merited at least consideration for preservation in
the future given their importance to the City’s history. This clause was reconsidered during
discussion and removed from the Ordinance. As a result, the Ordinance now proposed
for adoption is a fully voluntary Ordinance.
With regard to the establishment of a Historic District, the original recommendation was
that 60% of the structures in a proposed District would need to be “contributors” to the
District, and 75% of the property owners would need to affirmatively agree to the formation
of the District. If those numbers were reached, the District could be proposed for
consideration. After discussion, the City Council modified this criteria to require that 100%
of the owners of contributing properties within the proposed District are required to agree
to the formation of the District for it to be considered in addition to the other requirements.
As mentioned above, a resolution will be provided at a later date related to fees and
incentives for historic preservation work. Proposed fees will include Certificates of
Appropriateness (Major and Minor), Designation of a Historic District, Designation of a
Local Landmark, and Mills Art participation. While establishing fees will be important, it is
understood that the City Council is interested in this being a voluntary program, and there
being incentives available. Therefore, when the fees are considered, a recommended
incentive package will also be provided for City Council review and consideration.
ENVIRONMENTAL ANALYSIS
The proposed Historic Preservation Ordinance (and the associated Fee Resolution) is
covered by the “General Rule Exemption” of the California Environmental Quality Act
(“CEQA”) for projects that can be seen with certainty that there is no possibility that the
action in question may have a significant effect on the environment per CEQA Section
15061(b)(3). The project is also exempt under Section 15308, Class 8, as no construction
activities or other direct physical changes could result from the adoption of the Historic
Historic Preservation Ordinance - Adopt
April 2, 2019
Page 4 of 4
Preservation Ordinance. The Historic Preservation Ordinance would not result in the
relaxation of standards and would not allow for environmental degradation. Conversely,
the Historic Preservation Ordinance would establish protections and procedures for the
preservation of cultural resources.
FISCAL IMPACT
There is no direct fiscal impact as a result of adopting this Ordinance. Fees and charges
to cover staff costs to implement the Ordinance will be discussed separately.
RECOMMENDATION
It is recommended that the City Council adopt Ordinance No. 2359 amending various
Sections of Article IX, Chapter 1 of the Arcadia Municipal Code (the “Development
Code”), with an exemption under the California Environmental Quality Act (“CEQA”), to
implement a Historic Preservation Ordinance.
Attachment No. 1: Ordinance No. 2359
Attachment No. 2: March 19, 2019, City Council Staff Report
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ORDINANCE NO. 2359
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA AMENDING VARIOUS SECTIONS OF ARTICLE IX,
CHAPTER 1 OF THE ARCADIA MUNICIPAL CODE (THE
“DEVELOPMENT CODE”), WITH AN EXEMPTION UNDER THE
CALIFORNIA ENVRIONMENTAL QUALITY ACT (“CEQA”), TO
IMPLEMENT A HISTORIC PRESERVATION ORDINANCE
WHEREAS, in 2015, the City Council of the City of Arcadia voted to conduct a
Citywide Historic Resources Survey and retained Architectural Resources Group
(“ARG”), Inc. to prepare the City’s first comprehensive Citywide Historic Context
Statement and an intensive-level survey of all the properties within the city limits.
Approximately 16,800 parcels were surveyed from the public right-of-way, with the
exception of those properties that were built after 1970. The time threshold of 50 years of
age (or at least 45 years of age at the time of Survey) was used because it is a benchmark
set by the National Park Service for properties under consideration for the National
Register of Historic Places; and
WHEREAS, after the survey was completed, in 2016, the City Council voted to
draft a Historic Preservation Ordinance (the “Project”) that established a method of
protecting the resources and potential historic districts identified in the Survey. The survey
list originally identified 189 potential historic resources, including 165 potential individual
buildings, 11 potential historic districts (which included 1,957 buildings), and 12 non-
building resources; and
WHEREAS, the City shared the survey results within the community over the
course of two years, and held four community meetings from 2016 until 2018. Several
study sessions were held with the City Council to discuss the proposed changes to the
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draft Ordinance. On October 6, 2017, the City released the first draft of the Historic
Preservation Ordinance to the public; and
WHEREAS, on October 10, 2018, the draft Ordinance was revised to reflect those
changes agreed to by the City Council. The major changes to the draft Ordinance were:
1) To not include the potential historic districts in the draft Ordinance. A neighborhood
could still form a District, but the original 11 eligible Districts have been removed (and all
the associated properties); 2) The Ordinance would only protect resources that have been
identified as individually eligible at the federal, state, and/or local level (176 resources
total); and 3) The City Council would need a Supermajority (4-1) vote to overturn an
owner’s lack of consent to nominate an individual properties; and
WHEREAS, the Development Services Department prepared a text amendment,
referred to as Text Amendment No. TA 18-02, amending various sections of the Arcadia
Development Code, Article IX of the Municipal Code, to adopt a Citywide Historic
Preservation Ordinance with the City Council changes; and
WHEREAS, on November 19, 2018, a letter was sent to all 176 property owners
informing them their property is on the survey list as a “potential” historic resource, but no
actual designation will result directly from this process, and a full historical evaluation
would still be required to confirm its significance. On November 26, 2018, a public hearing
notice was sent to every property owner informing them of the upcoming public hearing
dates; and
WHEREAS, on January 8, 2019, a duly noticed public hearing was held before the
Planning Commission on the Project at which time all interested persons were given full
opportunity to be heard and present evidence; and
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WHEREAS, after considering the evidence presented, the Planning Commission
recommended that the City Council: 1) amend the Historic Preservation Ordinance to
become a Voluntary Program; 2) not adopt the Historic Preservation Survey List; 3) if the
City Council does not convert the Historic Preservation Ordinance to a Voluntary Program
for the individual properties, then delete the multifamily and commercial zoned properties
that are eligible only for local designation; and 4) direct Staff to forward the
Commissioner’s individual recommendations to the City Council as reflected in the draft
Minutes, dated January 8, 2019; and
WHEREAS, a notice of the City Council public hearing on the proposed Ordinance
was sent to all the affected owners on January 23, 2019, and notice was published in the
Arcadia Weekly on January 31, 2019; and
WHEREAS, at the February 19, 2019, City Council public hearing, the City Council
considered the entire record and at which time all interested persons were given full
opportunity to be heard and to present evidence. After much discussion, the Council voted
4-1 (with Council Member Chandler dissenting) to bring back a revised Historic
Preservation Ordinance to reflect the following: 1) not include the survey list; 2) that any
person, or group, including the City, may request the designation of a historic resource
as a historical landmark or district by submitting an application to the City; and 3) the City
Council may supersede the owner’s objection to the designation with a supermajority vote
(4-1); and
WHEREAS, at the March 19, 2019, City Council meeting, the City Council
discussed the revised Ordinance and made the following additional modifications: 1)
inserted language to make the historic designation process voluntary only, 2) eliminated
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the City Council’s ability to supercede an owner’s objection to a potential designation, and
3) required that for the formation of a Historic District, a total of 100% of the owners of
identified contributing resources need to agree to the formation of the District With these
changes, the City Council introduced the proposed Ordinance; and
WHEREAS, at the March 19, 2019, City Council meeting, and based upon the
entire record, including without limitation to the staff report and related documents
presented to the City Council, pursuant to Section 9108.03.060 of the Development Code,
the City Council finds as follows:
1. The proposed amendment is consistent with the General Plan and any
applicable specific plan(s).
FACT: The proposed Historic Preservation Ordinance and the associated text
amendments are consistent with the General Plan in preserving the physical aspects of
Arcadia that are highly valued by the residents and business community. Within the
Parks, Recreation, and Community Resources Element of the General Plan, Goal PR-9
specifically encourages the “retention and proper stewardship of historical and cultural
resources”. This Goal includes Policy PR-9.1, and PR 9.5 through 9.7, that specifically
address historic preservation and incentives for protection. The proposed Ordinance
would safeguard Arcadia’s heritage by providing the opportunity to protect resources that
reflect elements of the city’s cultural, social, economic, architectural, and archaeological
history. Furthermore, the Ordinance would provide an ability to protect the character of
the neighborhoods through the preservation of their character-defining features.
Therefore, the proposed amendments will be consistent with the General Plan and no
specific plans will be affected by the proposed amendments.
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2. For Development Code amendments only, the proposed amendment is
internally consistent with other applicable provisions of this Development Code.
FACT: The proposed Historic Preservation Ordinance and text amendments will
not be in conflict with the Development Code and will be consistent with other applicable
provisions as it relates to establishing priorities for preservation, restoration, and
rehabilitation efforts within the city. The Ordinance provides processes that can be used
by the residents and City Council to create districts and individual landmarks important to
the City’s history. Therefore, the proposed text amendments will be consistent with other
applicable provisions of the Development Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1: The factual data set forth in the Recitals of this Ordinance and by the
Development Services Department in the staff report dated February 19, 2019, are true
and correct.
SECTION 2. The City Council finds that this Ordinance has been assessed in
accordance with the authority and criteria contained the California Environmental Quality
Act (“CEQA”), the State and local CEQA Guidelines and the environmental regulations of
the City and is exempt from further environmental Review. The proposed Historic
Preservation Ordinance is covered by the ‘General Rule Exemption’ of the California
Environmental Quality Act (“CEQA”) for projects that can be seen with certainty that there
is no possibility that the action in question may have a significant effect on the
environment per CEQA Section 15061(b)(3). The project is also exempt under Section
15308, Class 8, as no construction activities or other direct physical changes could result
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from the adoption of the Historic Preservation Ordinance. The Ordinance would not result
in the relaxation of standards and would not allow for environmental degradation.
Conversely, the Historic Preservation Ordinance would establish protections and
procedures for the preservation of cultural resources.
SECTION 3. For the foregoing reasons, the City Council adopts Text Amendment
No. TA 18-02, amending various sections of the Arcadia Development Code, Article IX,
Chapter 1 of the Arcadia Municipal Code, as listed in Exhibit “A” attached to this
Ordinance.
SECTION 4. If any section, subsection, subdivision, paragraph, sentence, clause
or phrase of this Ordinance or any part thereof is for any reason held to unconstitutional,
such decision shall not affect the validity of the remaining portion of this Ordinance or any
part thereof. The City Council of the City of Arcadia hereby declares that it would have
passed each section, subsection, subdivision, paragraph, sentence, clause or phrase
thereof, irrespective of the fact that any one or more section, subsection, subdivision,
paragraph, sentence, clause or phrases be declared unconstitutional.
SECTION 5. The documents and materials that constitute the record of
proceedings on which this Ordinance is based are locate at the City Clerk’s Office located
at 240 West Huntington Drive, Arcadia CA 91007. The custodian of these records is the
City Clerk.
SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and
shall cause a copy of the same to be published at least once in the official newspaper of
the City within fifteen (15) days after its adoption. This Ordinance shall take effect on the
thirty-first (31st) day after its adoption.
CITY OF ARCADIA ZONING CODE – ARTICLE IX: DIVISION AND USE OF LAND
CHAPTER 1: DEVELOPMENT CODE
November 2016 TOC-1 Table of Contents
Exhibit A:
Text Amendment- Historic Preservation Ordinance
Division 3:
Regulations Applicable to All Zones – Site Planning
and General Development Standards
Table of Contents
Page
Section 9103.01 – Site Planning and General Development Standards ............................................................................. 3-1
9103.01.010 Purpose and Intent ........................................................................................................................................... 3-1
9103.01.020 Measuring Distances ........................................................................................................................................ 3-1
9103.01.030 Measuring Floor Area and Floor Area Ratio .................................................................................................... 3-1
9103.01.040 Measuring Lot Coverage .................................................................................................................................. 3-2
9103.01.050 Height Measurements and Exceptions ............................................................................................................ 3-2
9103.01.060 Setback Measurements and Exceptions .......................................................................................................... 3-4
9103.01.070 Vehicular Visibility Standards ........................................................................................................................... 3-7
9103.01.080 Mechanical and Electrical Equipment Screening ............................................................................................. 3-7
9103.01.090 Access .............................................................................................................................................................. 3-8
9103.01.100 Solar Energy System ....................................................................................................................................... 3-8
9103.01.110 Solar Energy System, Small Residential Rooftop ............................................................................................ 3-9
9103.01.120 Exterior Lighting ............................................................................................................................................. 3-10
9103.01.130 Trash Enclosures ........................................................................................................................................... 3-11
Section 9103.03 – Canopy Structures ................................................................................................................................. 3-13
9103.03.010 Canopy Structures in Residential Zones ........................................................................................................ 3-13
9103.03.020 Canopy Structures in All Other Zones ............................................................................................................ 3-13
9103.03.030 Repair and Maintenance ................................................................................................................................ 3-13
Section 9103.05 – Fences, Walls, and Gates ...................................................................................................................... 3-15
9103.05.010 Purpose and Intent ......................................................................................................................................... 3-15
9103.05.020 Permit Requirements ..................................................................................................................................... 3-15
9103.05.030 Development Standards ................................................................................................................................. 3-15
9103.05.040 Prohibited Fencing Materials in All Zones ...................................................................................................... 3-21
Section 9103.07 – Off-Street Parking and Loading ............................................................................................................ 3-23
9103.07.010 Purpose and Intent ......................................................................................................................................... 3-23
9103.07.020 Applicability .................................................................................................................................................... 3-23
9103.07.030 Permit Requirements ..................................................................................................................................... 3-24
CITY OF ARCADIA ZONING CODE – ARTICLE IX: DIVISION AND USE OF LAND
CHAPTER 1: DEVELOPMENT CODE
November 2016 TOC-2 Table of Contents
9103.07.040 Exemptions .................................................................................................................................................... 3-24
9103.07.050 Off-Street Parking for Residential Uses ......................................................................................................... 3-24
9103.07.060 Off-Street Parking for Non-Residential Uses ................................................................................................. 3-28
9103.07.070 Mixed-Use (Nonresidential and Residential Combined) Parking Standards .................................................. 3-34
9103.07.080 Parking Area Design Standards Applicable to All Zones ............................................................................... 3-34
9103.07.090 Shared/Joint Use, Off-site Parking, and In-Lieu Parking................................................................................ 3-36
9103.07.100 Valet Parking .................................................................................................................................................. 3-37
9103.07.110 Parking Structures .......................................................................................................................................... 3-37
9103.07.120 Prohibition on Commercial Vehicle Parking in Residential Zones ................................................................. 3-38
9103.07.130 Landscape Standards for Parking Lots .......................................................................................................... 3-38
9103.07.140 Parking for Electric and Alternative Fuel Vehicles ......................................................................................... 3-39
9103.07.150 Bicycle Parking Requirements ....................................................................................................................... 3-39
9103.07.160 Off-Street Loading .......................................................................................................................................... 3-40
Section 9103.09 – Landscaping ........................................................................................................................................... 3-43
9103.09.010 Purpose and Intent ......................................................................................................................................... 3-43
9103.09.020 Applicability .................................................................................................................................................... 3-43
9103.09.030 Landscape Plan Required; What Constitutes Landscape Materials .............................................................. 3-43
9103.09.040 Landscape Requirements .............................................................................................................................. 3-43
9103.09.050 Landscape Irrigation and Maintenance .......................................................................................................... 3-46
Section 9103.11 – Signs ........................................................................................................................................................ 3-47
9103.11.010 Purpose .......................................................................................................................................................... 3-47
9103.11.020 Applicability .................................................................................................................................................... 3-48
9103.11.030 General Provisions ......................................................................................................................................... 3-48
9103.11.040 Exempt Signs ................................................................................................................................................. 3-49
9103.11.050 Prohibited Signs ............................................................................................................................................. 3-50
9103.11.060 Allowable Area for Identification ..................................................................................................................... 3-51
9103.11.070 Permanent Signs by Zone – Locations and Allowed Sign Area ..................................................................... 3-51
9103.11.080 Regulations Specific to Types of Permanent Signs ....................................................................................... 3-66
9103.11.090 Signs for Specific Uses .................................................................................................................................. 3-67
9103.11.100 Temporary Signs ............................................................................................................................................ 3-68
9103.11.110 Iconic Signs .................................................................................................................................................... 3-71
9103.11.120 Procedures for Sign Permits, Exemptions, and Revocations ......................................................................... 3-72
9103.11.130 Comprehensive Sign Program ....................................................................................................................... 3-75
9103.11.140 Sign Maintenance .......................................................................................................................................... 3-76
9103.11.150 Enforcement ................................................................................................................................................... 3-77
9103.11.160 Nonconforming Signs ..................................................................................................................................... 3-77
9103.11.170 Abandoned Signs ........................................................................................................................................... 3-78
9103.11.180 Illegal Signs .................................................................................................................................................... 3-78
9103.11.190 Definitions ...................................................................................................................................................... 3-79
Section 9103.12 – Outdoor Displays.................................................................................................................................... 3-89
CITY OF ARCADIA ZONING CODE – ARTICLE IX: DIVISION AND USE OF LAND
CHAPTER 1: DEVELOPMENT CODE
November 2016 TOC-3 Table of Contents
9103.12.010 Regulations for the C-G, C-R, C-M, CBD, DMU, and MU Zones ................................................................... 3-89
Section 9103.13 – Performance Standards ......................................................................................................................... 3-91
9103.13.010 Purpose and Intent ......................................................................................................................................... 3-91
9103.13.020 Dust and Dirt .................................................................................................................................................. 3-91
9103.13.030 Smoke ............................................................................................................................................................ 3-91
9103.13.040 Electromagnetic Disturbances and Radiation ................................................................................................ 3-91
9103.13.050 Hazardous Materials ...................................................................................................................................... 3-92
9103.13.060 Heat and Humidity .......................................................................................................................................... 3-92
9103.13.070 Light and Glare ............................................................................................................................................... 3-92
9103.13.080 Vibration ......................................................................................................................................................... 3-92
9103.13.090 Odors ............................................................................................................................................................. 3-92
Section 9103.15 – Density Bonuses for Affordable and Senior Housing ......................................................................... 3-93
9103.15.010 Purpose and Applicability ............................................................................................................................... 3-93
9103.15.020 Density Bonus ................................................................................................................................................ 3-93
9103.15.030 Incentives and Concessions .......................................................................................................................... 3-93
9103.15.040 Application Requirements .............................................................................................................................. 3-94
9103.15.050 Location and Type of Designated Uses ......................................................................................................... 3-94
9103.15.060 Findings .......................................................................................................................................................... 3-95
Section 9103.17– Historic Preservation .............................................................................................................................. 3-97
9103.17.010 Title ................................................................................................................................................................ 3-97
9103.17.020 Purpose .......................................................................................................................................................... 3-97
9103.17.030 Applicabilty ..................................................................................................................................................... 3-98
9103.17.040 Historic Preservation Commission ................................................................................................................. 3-98
9103.17.050 Reserved ........................................................................................................................................................ 3-98
9103.17.060 Local Eligibility and Designation Criteria ........................................................................................................ 3-98
9103.17.070 Designation Procedures ................................................................................................................................. 3-99
9103.17.080 Alterations to Historic Resources ................................................................................................................. 3-100
9103.17.090 Certificates of Economic Hardship ............................................................................................................... 3-104
9103.17.100 Incentives for Historic Preservation .............................................................................................................. 3-104
9103.17.110 Appeals ........................................................................................................................................................ 3-106
9103.17.120 Duty to Keep in Good Repair ....................................................................................................................... 3-106
9103.17.130 Ordinary Maintenance and Repair ............................................................................................................... 3-106
9103.17.140 Unsafe or Dangerous Conditions………………………………………………………………………………….. 3-106
9103.17.150 Enforcement Penalties ................................................................................................................................. 3-107
9103.17.150 Definitions……………………………………………………………………………………………………………..3-107
CITY OF ARCADIA ZONING CODE – ARTICLE IX: DIVISION AND USE OF LAND
CHAPTER 1: DEVELOPMENT CODE
November 2016 TOC-4 Table of Contents
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CITY OF ARCADIA ZONING CODE – ARTICLE IX: DIVISION AND USE OF LAND
CHAPTER 1: DEVELOPMENT CODE
March 2019 3-97 Division 3- Regulations Applicable to All Zones
9103.17 – Historic Preservation
Subsections:
9103.17.010 Title
9103.17.020 Purpose
9103.17.030 Applicability
9103.17.040 Historic Preservation Commission
9103.17.050 Reserved
9103.17.060 Local Eligibility and Designation Criteria
9103.17.070 Designation Procedures
9103.17.080 Alterations to Historic Resources
9103.17.090 Certificates of Economic Hardship
9103.17.100 Incentives for Historic Preservation
9103.17.110 Appeals
9103.17.120 Duty to Keep in Good Repair
9103.17.130 Ordinary Maintenance and Repair
9103.17.140 Unsafe or Dangerous Conditions
9103.17.150 Enforcement Penalties
9103.17.160 Definitions
9103.17.010 Title
This Chapter shall be known as the Arcadia Historic Preservation Ordinance.
9103.17.020 Purpose
The Arcadia City Council acknowledges that the recognition, preservation, protection, and reuse of historic resources are required
in the interests of the health, prosperity, safety, social and cultural enrichment, general welfare, and economic well-being of the
people of Arcadia. The designation and preservation of historic resources, and the regulation of alterations, additions, repairs,
removal, demolition, or new construction to perpetuate the historic character of historic resources, is declared to be a public purpose
of the city.
Therefore, the purposes of this Chapter include the following:
A. Enabling informed planning decisions regarding the treatment of properties that contribute to the city’s character or reflect
its historical and architectural development;
B. Establishing priorities for preservation, restoration, and rehabilitation efforts within the city;
C. Providing City planners with baseline information about potential historic resources from which to manage new
development;
D. Safeguarding Arcadia’s heritage by protecting resources that reflect elements of the city's cultural, social, economic,
architectural, and archaeological history;
E. Deterring demolition, misuse, or neglect of designated historic landmarks, designated historic districts (and their
contributing resources), and potential historic landmarks, which represent important links to the past of Arcadia,
California, or the nation;
F. Providing the public with a better understanding of and appreciation for the built environment as a tangible link to
Arcadia’s history;
G. Promoting the use of historic resources, especially for the education, appreciation, and general welfare of the people of
Arcadia;
H. Protecting and enhancing the city's attractiveness to residents and visitors, and supporting economic development.
CITY OF ARCADIA ZONING CODE – ARTICLE IX: DIVISION AND USE OF LAND
CHAPTER 1: DEVELOPMENT CODE
9103.17- Historic Preservation 3-98 March 2019
9103.17.030 Applicability
The provisions of this Chapter shall apply to all historic resources, including buildings, structures, objects, sites, and historic districts
within the city.
9103.17.040 Historic Preservation Commission
The Arcadia Planning Commission is responsible for providing City Council with recommendations regarding the designation of
historic resources, adoption of preservation policies, and approval of Mills Act applications. The Planning Commission, herein
referred to as the Commission, is also responsible for reviewing and approving Certificates of Appropriateness in accordance with
Section 9103.17.080(B) of this Chapter. The Commission shall have and exercise the powers, perform the duties, and maintain
the qualifications pursuant to Part 5 (Planning Commission), Chapter 2, Article II of the Arcadia Municipal Code.
9103.17.050 Reserved
9103.17.060 Local Eligibility and Designation Criteria
A. Criteria for Designation
Historic Landmark. On the recommendation of the Commission, the City Council may designate an individual resource (building,
structure, object, or site) if it meets one or more of the following local eligibility criteria:
1. It is associated with events that have made a significant contribution to the broad patterns of Arcadia’s or California’s
history;
2. It is associated with the lives of persons important to local or California history;
3. It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of
master, or possesses high artistic values;
4. It has yielded, or has the potential to yield, information important to the prehistory or history of the city or state.
Historic District. On the recommendation of the Commission, the City Council may designate a historic district if it meets one or
more of the four criteria in Section 9103.17.060(A) and:
1. It possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically
or aesthetically by plan or physical development.
2. A minimum of 60 percent of the buildings within the proposed historic district contribute to the district’s significance.
B. Automatic Consideration
Any property individually listed in the National Register of Historic Places or California Register of Historical Resources shall be
automatically considered designated historic resource by the City.
C. Considerations for Evaluating Properties – Age
A resource considered for listing as a local historic landmark must be at least 45 years of age, unless it can be demonstrated that
the resource has achieved exceptional importance within the last 45 years.
D. Consideration for Evaluating Properties – Integrity
In order for a resource to be eligible for designation as a local landmark or historic district, the resource must retain sufficient
integrity. Integrity is the authenticity of a historical resource’s physical identity as evidenced by the survival of characteristics that
existed during the time period within which the resource attained significance. Only after significance has been established should
the issue of integrity be addressed. There are seven aspects of integrity, as defined by the National Register: location, design,
setting, materials, workmanship, feeling, and association. Since significance thresholds associated with local listing are generally
less rigid than those associated with listing at the state or national levels, a greater degree of flexibility shall be provided when
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evaluating the integrity of a locally eligible historic resource, as opposed to one eligible for listing in the National or California
Registers. For this reason, it is possible that a historic resource may not retain sufficient integrity to be eligible for listing in the
National or California Registers, but may still be eligible for listing at the local level. Integrity shall be determined with reference to
the particular characteristics that support the resource’s eligibility under the appropriate criteria of significance.
9103.17.070 Designation Procedures
A. Application for Nomination
1. Any person, or group, including the City, may request the designation of a historical resource as a historic landmark or
district by submitting an application to the City.
2. All applications shall be completed using a form provided by the City and shall contain all required information, including
the following:
a. For individual resources, a historic resource evaluation report completed by a qualified historic preservation
consultant;
b. For historic districts, a historic resources survey report completed by a qualified historic preservation
consultant;
c. Required fees per City’s Fee Resolution;
d. The City may require the applicant to submit additional information regarding the historic significance of the
resource, including but not limited to photographs, plans, deeds, permits, and any other materials that may
provide pertinent information about the resource.
B. Initial Application Review
1. Completeness Review. Within 30 days of filing, City staff shall review all applications for completeness and accuracy
before they are accepted as complete. The applicant shall be notified by letter whether the application is either complete
and being processed or is incomplete and additional information, including but not limited to the information listed in
Section A.2, must be provided. If an applicant fails to provide the additional information within 30 days following the date
of the letter, or shorter time frame as determined by the Director or designee, the application shall expire and be deemed
withdrawn without any further action by the City, unless an extension is approved by the Director or designee for good
cause shown.
C. Owner Notification. City staff shall notify the owner(s) of record by letter that an application for designation has been
submitted for their property within ten (10) days of deeming the application complete.
D. Owner Consent to Designation. Prior to scheduling the matter for consideration by the Commission, a written statement
by the property owner in the case of historic landmark designation, or written statements by 75 percent of property owners
in the case of historic district designation, including 100% of property owners of contributing resources, shall consent to such
designation. In the case of an individual property, if the owner does not consent to the designation, the application shall be
automatically withdrawn.
E. Moratorium on Permits. No alteration or demolition permits for an individually eligible historic resource or contributor to an
eligible historic district shall be issued after an application for designation is submitted. The moratorium on permits shall
continue through the process of historic landmark or district designation, until a final decision to adopt (or not adopt) the
designation has been made by City Council.
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F. Commission Review. Applications for approval of historic landmark and district nominations shall be reviewed by the
Commission. The Commission shall hold a public meeting to determine if the property meets one or more of the criteria
established in Section 9103.17.060(A) of this Chapter. The public hearing shall be noticed in accordance with Section 9108.13
(Public Notices and Hearings), Article IX of the Arcadia Municipal Code. After a determination is made regarding the proposed
designation, the Commission shall submit a report and recommendation to the City Council that the application be approved
or denied. Within ten (10) days of the public hearing, the Commission shall notify the applicant(s) and owner(s) of record by
letter of its determination.
G. City Council. City Council has the sole authority to designate a historic resource as a historic landmark or district. Nominations
recommended for approval by the Commission shall be reviewed by the Council at a public hearing. The hearing shall be
noticed in accordance with Section 9108.13 (Public Notices and Hearings), Article IX of the Arcadia Municipal Code. At the
hearing, the Council shall adopt or reject historic designation. Within ten (10) days of the hearing, the Council shall notify the
applicant(s) and owner(s) of record by letter of the designation.
H. Rescission of Designation. Once a historic landmark or district has been designated, it shall not be repealed by the City
Council. unless it is found that the evidence used to establish designation was erroneous, or the designated resource no
longer meets the criteria set forth in Section 9103.17.060(A). A resource cannot lose its designation status merely due to
degradation by neglect. The process of rescission shall be considered a discretionary action under CEQA.
9103.17.080 Alterations to Historic Resources
A. General Requirements
1. A Certificate of Appropriateness (C of A) is required for major and minor alterations that may adversely affect the
significance of a designated historic landmark or contributor to a designated historic district.
2. Demolition of or a major addition to a non-contributing resource, or infill in a designated historic district outside of the
City’s designated Home Owners Associations will be subject to the design review process described in Section 9107.19
(Site Plan and Design Review), Article IX of the Arcadia Development Code. All other alterations to non-contributing
resources are exempt from review and may be issued a waiver. Once a Certificate of Appropriateness has been issued,
City staff may inspect the work being undertaken to ensure that it complies with the approved Certificate of
Appropriateness.
3. No permit shall be issued for alteration of an individual historic landmark or contributing resource in a designated historic
district, or demolition of a non-contributing resource in a designated historic district until a Certificate of Appropriateness
or waiver has been issued in accordance with this Section.
B. Levels of Review
The type of alteration being proposed and the type of resource affected by the alteration will determine the level of review required.
Unless the alteration is exempt from review and issued a waiver, a Certificate of Appropriateness (C of A) is required for review by
City staff or the Commission. From time to time as circumstances warrant, the City may, by resolution, modify the list of actions
deemed to qualify for review by City staff or the Commission.
1. Designated Historic Landmarks. Major alterations affecting designated historic landmarks require a C of A and review
by the Commission. The approval or denial of such major alterations shall be deemed a discretionary action under CEQA.
Minor alterations affecting designated landmarks require a C of A and review by City staff.
2. Designated Historic Districts. Major alterations affecting contributing resources in designated historic districts require
a C of A and review by the Commission. The approval or denial of such major alterations shall be deemed a discretionary
action under CEQA. Minor alterations affecting contributing resources in designated historic districts require a C of A and
review by City staff. Demolition of or major additions to non-contributing resources, and infill in designated historic districts
outside of the City’s designated Home Owners Associations (HOAs) require design review pursuant to Section 9107.19
(Site Plan and Design Review), Article IX of the Arcadia Development Code. Alterations (with the exception of demolition
and major additions) affecting non-contributing resources in designated historic districts outside of HOAs are exempt
from review and may be issued a waiver.
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a. Note: Contributing and non-contributing properties within the City’s designated HOAs are not subject to the City’s
design review process. However, the HOAs shall adhere to and apply the Design Guidelines as well as the HOAs’
enabling resolution in their design review process and forward a recommendation to the Commission/City staff
regarding the design of the alteration, addition, or new infill in the designated historic district. The City shall have
final authority on the approval or denial of the design.
3. Negligible alterations affecting all designated historic resources (designated and eligible individual resources and
resources in designated historic districts) are exempt from review and may be issued a waiver.
C. A “major alteration” is defined as:
1. Any demolition, rebuild, or relocation of an individual historic landmark or contributing resource in a designated historic
district. Certificate of Appropriateness applications for the demolition or relocation of designated historic resources shall
comply with procedures set forth in Section 9103.17.080(J)(K).
2. Any undertaking that significantly alters or changes a designated historic resource’s street-facing façade or side façades
visible from the public right-of-way, including major changes to or additions of fenestration openings; the application of
new exterior wall cladding or coating which changes the appearance, design, or texture of a property; and the addition
of any other architectural features.
3. Any addition of square footage to a designated historic resource that is visible from the public right-of-way.
4. Infill in a designated historic district. Infill in a designated historic district requires design review pursuant to Section
9107.19 (Site Plan and Design Review), Article IX of the Arcadia Development Code.
5. Demolition of or a major addition to a non-contributing resource in a designated historic district. Demolition of and major
additions to non-contributors requires design review pursuant to Section 9107.19 (Site Plan and Design Review), Article
IX of the Arcadia Development Code.
6. Any other undertaking determined major by the City.
D. A “minor alteration” is defined as:
1. Any removal of insignificant exterior features of a designated historic resource, including additions, doors, windows, and
exterior siding material that are non-original or otherwise lack historic integrity.
2. Any undertaking requiring a permit that does not change substantially the exterior character-defining features of a
designated historic resource, including minor additions on secondary façades.
3. Any undertaking not requiring a permit that materially alters significant features of a designated historic resource or that
may adversely affect the significance of a historic resource, including replacement of windows and doors in existing
openings or resurfacing exterior finishes (i.e. stucco in a noticeably different texture) on street-facing façades.
4. Any undertaking to the environmental setting or landscape of a designated historic landmark or property within a
designated historic district if the setting is significant to the historic resource and has been defined as significant in the
nomination for the resource.
5. In designated historic districts, demolition or alteration of garages and other ancillary structures built within the period of
significance on both contributing and non-contributing properties, and new construction of such structures on any
designated historic property (district contributors and individual properties).
6. Any other undertaking determined minor by the City.
E. A “negligible alteration” is defined as:
1. All work that is entirely interior and does not affect the exterior of a designated historic resource, except for interior
features that are specifically mentioned as character-defining features in a landmark nomination adopted by the City.
2. Installation of rooftop equipment, including solar panels, not visible from the public right-of-way.
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3. Re-roofing in a different material that replicates the existing or original roofing.
4. Window and door repair to correct deterioration, decay, or damage to existing original windows or doors.
5. If original windows and doors are beyond repair, replacement windows and doors matching the appearance of the original
windows and doors.
6. Repair of existing historic ornament (including, but not limited to, porches, cornices, plaster work, and eaves).
7. Any additional ordinary maintenance and repair to correct deterioration, decay, and/or damage to existing historic
material.
8. Replacement of a non-historic garage door with one that is compatible in terms of design and material, and minimizes
its visual impacts on the character-defining features of the historic resource.
9. Seismic upgrades that minimize the alteration of character-defining features of a historic resource.
10. Any other undertaking determined negligible by the City.
F. Application
1. If a Certificate of Appropriateness is required in accordance with this Section, a Certificate of Appropriateness application
shall be filed with the City.
2. All applications must include the following:
a. A report by a qualified preservation consultant detailing the project’s compliance with, and potential deviation from,
the Secretary of the Interior’s Standards (a Standards compliance report).
b. For new construction, additions, and relocations, plans and specifications showing the existing and proposed
exterior appearances;
c. Photographs (including views of all façades) of the building affected by the proposed project. Photographs shall be
in color and include close-up views of any specific elements under consideration (i.e. windows or doors if alterations
are proposed) and views of surrounding properties;
d. If in a designated historic district, relationship of the proposed work to the surrounding environment;
e. For new construction in designated historic districts, relationship to the existing scale, massing, architectural style,
site and streetscape, landscaping, and signage;
f. Any other information the City reasonably determines to be necessary for review of the proposed work.
G. City Staff Review
Certificate of Appropriateness applications requiring administrative approval will be reviewed by City staff. C of A applications
requiring staff-level review are defined in Section 9103.17.80(B) of this Chapter. No public hearing shall be required for applications
reviewed by City staff. City staff may approve or approve with conditions the application. Decisions of City staff regarding the
application are subject to appeal per Section 9103.17.110 (Appeals) of this Chapter.
H. Commission Review
Certificate of Appropriateness applications requiring approval by the Commission will be reviewed by the Commission at a public
hearing. C of A applications requiring Commission review are defined in Section 9103.17.80(B) of this Chapter. The public hearing
shall be noticed in accordance with Section 9108.13 (Public Notices and Hearings), Article IX of the Arcadia Municipal Code. At
the hearing, the Commission shall adopt a resolution approving, conditionally approving, or denying the application. The
Commission shall notify by letter the applicant within ten (10) days of the hearing. Decisions of the Commission regarding the
application are subject to appeal per Section 9103.17.110 (Appeals) of this Chapter.
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I. Review Criteria
In evaluating Certificate of Appropriateness applications, City staff, the Commission, and/or the City Council upon appeal shall
consider the architectural style, design, massing, arrangement, texture, materials, color, and any other relevant factors
associated with the affected historic resource. Applications shall not be approved unless:
1. With regard to designated historic landmarks, the proposed work will neither adversely affect the exterior architectural
characteristics or other features of the resource nor adversely affect the character of historical, architectural, or aesthetic
interest or value of the resource and its site;
2. With regard to properties within designated historic districts, the proposed work will neither adversely affect its
relationship, in terms of harmony and appropriateness, with its surroundings, including neighboring properties, nor
adversely affect the historical or architectural character of the district;
3. The proposed work complies with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and
any other applicable design guidelines adopted by the City;
4. oposed work will not cause a substantial adverse change in the significance of a designated historic resource in
accordance with CEQA.
5. For proposed work that may adversely affect the significance of an eligible historic resource or district, the review body
(City staff, the Commission, or the City Council upon appeal) may withhold approval of the project up to but not exceeding
180 days to identify project alternatives or to initiate the designation process.
J. Demolition of Designated Historic Resources
A Certificate of Demolition is required for a designated historic landmarks and a contributing resources in designated historic
districts. Applications for demolition shall be reviewed by the Commission following the procedures set forth in Section 9107.07
(Certificates of Demolition), Article IX of the Arcadia Development Code. Approval or denial of a demolition application shall be
deemed a discretionary action under CEQA.
K. Relocation of Designated Historic Resources
An application for relocation is required for a designated historic landmarks and a contributing resources in designated historic
districts. Applications for relocation shall be reviewed by the Commission following the procedures set forth in Section
9103.17.080(H). Approval or denial of a relocation application shall be deemed a discretionary action under CEQA.
1. Relocation plans shall include:
a. Plans and specifications showing the current exterior appearance of the building to be moved;
b. A site plan of the proposed receiver site;
c. Photographs (including views of all façades) of the building to be moved and photographs of the proposed receiver
site. Photographs shall be in color and include views of surrounding properties;
d. Any other information the City reasonably determines to be necessary for review of the proposed work.
2. Criteria for relocation. The following criteria may result in approval of an application for relocation of a designated historic
resource:
a. Relocation will not significantly change, destroy, or adversely affect the historic integrity of the designated historic
resource;
b. Relocation will not have a significant adverse effect on the character of the designated historic district or
neighborhood, or surrounding properties where the historic resource is located or at the proposed receiver site;
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c. The relocation is necessary to correct an unsafe or dangerous condition on the site and no other measures for
correcting the condition have been determined feasible, or the relocation is necessary to preserve the historic
resource and all other feasible options for preservation on the original site have failed, as determined by the
Commission.
9103.17.090 Certificates of Economic Hardship
A Certificate of Economic Hardship process is established to allow a property owner to carry out work that may adversely affect
the value or significance of a historic resource on the basis of extreme financial hardship or adversity.
A. Income-Producing Properties. In order to establish economic hardship for an income-producing property, it must be
demonstrated that a reasonable rate of return cannot be obtained from the property in its present condition or if
rehabilitated.
B. Non-Income Producing Properties. In order to establish economic hardship for a non-income-producing property, it must
be demonstrated that, without approval of the proposed demolition or remodel, the property owner would be deprived of all
reasonable use of or return from the property.
C. Applications. Certificate of Economic Hardship applications shall be submitted on a form provided by the City and shall
contain all required information. The City may require the owner to furnish additional material evidence supporting the request
for exemption.
D. City Staff Review. Applications for Certificates of Economic Hardship shall be reviewed by City staff following the same
procedure for reviewing Certificates of Appropriateness applications set forth in Section 9103.17.080(H)(I) of this Chapter.
E. Approval. The Commission, and the City Council if appealed, shall approve the Certificate of Economic Hardship only if the
following findings are made:
1. Denial of the application would decrease the value of the subject property so as to deprive the owner of any reasonable
economic return on the property;
2. Denial of the application would cause an immediate hardship because of conditions unique to the specific property
involved;
3. Sale or rental of the property is not financially feasible, when considering the cost of holding such property for uses
permitted in the zone;
4. Rental at a reasonable rate of return is not feasible;
5. Denial of the application would damage the property owner unreasonably in comparison to the benefit conferred to the
community.
9103.17.100 Incentives for Historic Preservation
A. Mills Act Property Tax Abatement Program
The Mills Act Property Tax Abatement Program (Mills Act) was enacted in 1972 by the State of California and grants participating
local governments authority to enter into contracts with owners of qualified historic properties who actively participate in the repair,
rehabilitation, restoration, and maintenance of their properties to receive property tax relief. The City shall determine on an annual
basis how many contracts it will accept and may set a financial cap on the program.
1. Qualified Historic Properties. All individually designated historic landmarks, contributing resources in designated
historic districts, and properties that are individually listed in the National Register of Historic Places or the California
Register of Historical Resources are eligible for Mills Act contracts, pursuant to the provisions of Article 12, Sections
50280 through 50289, Chapter 1, Part 1, Title 5, of the California Government Code.
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2. All Mills Act contracts shall comply with Section 50281 of the California Government Code, which include, but are not
limited to, the following provisions:
a. The term of the contract shall be for a minimum of ten (10) years.
b. The applicant and property owner shall be required to comply during the term of the contract with the Secretary of
the Interior’s Standards for the Treatment of Historic Properties as well as the State Historic Building Code.
c. The City shall be authorized to conduct periodic inspections to determine the applicant’s and owner’s compliance
with the contract.
d. The contract shall be binding upon all successors-in-interest of the owner.
3. Application Requirements. All Mills Act applications shall be filed with the City and include the following:
a. A description and photographs of the property;
b. A copy of the latest grant deed, deed of trust, or title report for the property;
c. A rehabilitation plan/maintenance list of the work to be completed within the ten-year contract period, including cost
estimates and the year in which the work will be completed;
d. A financial analysis form showing current property taxes and estimated taxes for the property under the contract;
e. Required fees per the City’s Fee Resolution.
4. City Review and Commission Recommendation. Mills Act applications shall be submitted to the City by the end of
June 30. Following the application submittal deadline, the Commission will review all applications. Within 30 days from
the beginning of review, the Commission will make recommendations to the City Council on the merits of the proposed
applications.
5. City Council Action. City Council may in its sole and absolute discretion authorize the execution of all Mills Act contracts.
Approval of contracts shall be procedural and shall not require a public hearing.
6. Renewal. A Mills Act contract shall be a perpetual, ten-year contract that automatically renews annually unless and until
the property owner/applicant or the City gives written notice to the other that the contract will not be renewed upon the
expiration of its current term.
7. Cancellation. A Mills Act contract may be cancelled or modified if the City Council finds, after written notice to the
applicant and the property owner, either of the following conditions:
a. The owner/applicant is responsible for noncompliance with any terms or conditions of the contract, or any provision
in this Chapter; or misrepresentation or fraud was used in the process of obtaining the contract.
b. The subject property has been destroyed by fire, earthquake, flooding, or other calamity, or it has been taken by
eminent domain.
8. Cancellation Fee. If a Mills Act contract is cancelled due to noncompliance, the property owner shall be liable to the City
for a cancellation fee equal to 12.5 percent of the current fair market value of the property.
9. Work Plan Amendments. The contract may provide that alterations to the approved work plan require review and
approval by City staff.
10. Mills Act Contract. The City Attorney shall prepare and maintain a current Mills Act contract with all required provisions
specified by state law and this section.
B. Other Incentives for Historic Preservation
1. Development Incentives. The following incentives may be applied to a project approved by the Commission, or subject
to approval by the City Council:
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a. State Historic Building Code. The California State Historic Building Code (SBHC) provides alternative building
regulations for the preservation, restoration, rehabilitation, or relocation of historic resources. The SHBC shall be
used in evaluating any building permit for work affecting a historic resource.
b. Parking Modifications
i. The required number of parking spaces shall be the same as the number of spaces that existed on the
site at the time the site was developed, and shall be maintained and not reduced. Adaptive reuse projects
shall otherwise be exempt from the provisions set forth in Section 9103.07 (Off-Street Parking and
Loading), Article IX of the Arcadia Development Code.
9103.17.110 Appeals
A. The owner of a property subject to review, or the applicant, if different than the owner, may appeal any decision by City
staff or the Commission under this Chapter pursuant to Section 9108.07 (Appeals), Article IX of the Arcadia Municipal
Code. Standard appeal fees shall apply.
B. Certificates of Appropriateness for contributing resources in designated historic districts may be appealed by any property
owner or resident within the boundaries of the district.
9103.17.120 Duty to Keep in Good Repair
The owner of a designated historic landmark or contributor to a designated historic district has a duty to maintain in good repair all
exterior features and to comply with all applicable codes, laws, and regulations governing the maintenance of the designated
historic resource. It is the intent of this section to preserve from deliberate or inadvertent neglect the exterior features of designated
historic resources.
A. Designated historic resources shall be protected against such decay and be kept free from structural defects through the
prompt repair of any of the following:
1. Deteriorated exterior walls, foundations, or other vertical supports that age, split, or buckle;
2. Deteriorated ceilings, roofs, roof supports, flooring, floor supports, or other horizontal members that age,
split, or buckle;
3. Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration;
4. Deteriorated, crumbling, or loose exterior plaster;
5. Defective or insufficient weather protection for exterior walls, including lack of paint or weathering due to
lack of paint, or other protective coating;
6. Any fault or defect in the building that renders it not watertight or otherwise structurally unsafe.
B. It shall be the duty of the City Building Official to enforce this section.
9103.17.130 Ordinary Maintenance and Repair
A. Nothing in this Chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural
feature in or on any property covered by this Chapter that does not involve a change in design, material, or external
appearance thereof.
9103.17.140 Unsafe or Dangerous Conditions
A. Nothing contained in this Chapter shall prohibit the construction, alteration, rehabilitation, restoration, demolition, or
relocation of any historic resource, when such action is required for public safety due to an unsafe or dangerous condition
which cannot be rectified through the use of the California State Historic Building Code.
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B. For declared public hazards that are not an immediate threat to public safety, the Commission may hold a public hearing
in order to comment on the proposed demolition. The public hearing shall be noticed in accordance with Section 9108.13
(Public Notices and Hearings), Article IX of the Arcadia Municipal Code.
9103.17.150 Enforcement Penalties
A. Any person who violates a requirement of this Chapter or fails to obey an order issued by the City Council, Commission,
or City staff, or fails to comply with a condition of approval of any certificate or permit issued under this Chapter, shall be
subject to the provisions set forth in Chapter 2 (Penalty Provisions), Article I of the Arcadia Municipal Code.
B. Alteration or demolition of a designated historic resource in violation of this Chapter is expressly declared to be a nuisance
and shall be abated as deemed appropriate by the City.
C. Alteration or demolition of a designated historic resource in violation of this Chapter shall authorize the City to issue a
temporary moratorium on development of the subject property for a period of up to, but not exceeding 24 months from
the date the City becomes aware of the alteration or demolition. The purpose of the moratorium is to provide the City
with sufficient time to study and determine appropriate mitigation measures for the alteration or removal of the historic
resource. Mitigation measures as determined by the City Council shall be imposed as conditions of any subsequent
permit for development of the subject property.
D. In addition to any other remedies available at law or in equity, 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 designated historic resource that has been demolished, partially demolished, altered, or partially altered in violation
of this Chapter.
9103.17.160 Definitions
“Arcadia Register of Historic Resources” means the official list of designated historic resources in the city.
“California Environmental Quality Act” (or “CEQA”) refers to the statute and regulations applying to public agencies in
California as codified in the California Public Resources Code Sections 21000 through 21178, and Title 14 CCR, Section 753, and
Chapter 3, Sections 15000 through 15387. CEQA applies to all discretionary work proposed to be conducted or approved by a
California public agency, including private projects requiring discretionary approval.
“Certificate of Appropriateness” shall refer to the required review prior to issuance of an alteration permit to ensure alterations
to designated and individually eligible historic resources are in compliance with this Chapter and CEQA guidelines.
“Certificate of Demolition” shall refer to the required review prior to issuance of a demolition permit to ensure completion of a
full historical evaluation of buildings, structures, and objects that are 50 years of age or older to determine historical significance.
See Section 9107.07 (Certificates of Demolition), Article IX of the Arcadia Development Code.
“Character-Defining Features” refer to the visual and physical features that give a building its identity and distinctive character.
They may include the overall building shape, its materials, craftsmanship, decorative details, interior spaces and features, and
aspects of its site and environment.
“Commission” means the City of Arcadia Planning Commission established pursuant to the provisions of Part 5, Chapter 2, Article
II of the Arcadia Municipal Code.
“Contributing Resource” (or “Contributor”) means any building, structure, object, site, planning feature, sign, area, place,
landscape, or natural feature within a designated historic district that contributes to the district’s historic, cultural, or architectural
significance.
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“Designation” means the act of recognizing, labeling, and listing a historic resource in the Arcadia Register of Historic Resources
by the City Council. A designation formally establishes that a historic resource has historic significance.
“Demolition” means any act or process that destroys, in whole or in part, a building, structure, object, or site or permanently
impairs its structural integrity.
“Historic District” means a type of historic resource that is a geographic area comprising a significant concentration, linkage, or
continuity of buildings, structures, objects, planning features, sites, natural/landscape features and any other features united
historically or aesthetically by plan or physical development.
“Historic Integrity” is the authenticity of a property’s historic identity evidenced by the presence of characteristics that existed
during the time period in which the property attained historic significance. As defined by the National Park Service, and in
accordance with the accepted standards of professional best practices, historic integrity is the conglomeration of seven aspects:
location, design, setting, materials, workmanship, feeling, and association.
“Historic Landmark” is a type of historic resource that meets the eligibility criteria established in Section 9103.17.060 of this
Chapter, retains sufficient integrity, and has been formally designated by the City.
“Historic Resource” means the broad category of all historic resource types that are significant in the history or prehistory of the
city, region, state, or nation. Historic Resources include resources listed in or found eligible for listing in the National Register of
Historic Places, California Register of Historical Resources, or Arcadia Register of Historic Resources. Historic resources can
include buildings, structures, objects, sites, and historic districts.
“Historic Resource Evaluation/Assessment” means a detailed study of a property to determine its eligibility for national, state,
or local historic landmark designation. A historic resource evaluation/assessment generally results in a report including in-depth,
property-specific information about the resource. This information typically includes an ownership/occupant history; historic
contexts and themes of significance; construction dates; a physical description of the resource, including its architectural style,
materials, and setting; approximate dates of exterior alterations; character-defining features; and a historic integrity analysis.
“Historic Resources Survey” means a neighborhood or citywide survey to identify eligible historic resources, including buildings,
structures, objects, sites, and historic districts. A historic resources survey generally results in a list of properties that are potentially
eligible for national, state, or local landmark designation.
“Major Additions” (or “Major Enlargements”) refer to residential enlargements larger than 500 square feet or 25 percent of the
existing gross floor area before the addition, and nonresidential enlargements equal to or exceeding 25 percent of the existing
gross floor area before the addition. See Section 9107.19 (Site Plan and Design Review), Article IX of the Arcadia Development
Code for more information regarding what constitutes a Residential/Nonresidential Enlargement.
“Major Alterations” (or “Major Modifications/Changes”) are defined in Section 9103.17.080(C) of this Chapter.
“Mills Act Historic Property Contract” (or “Mills Act Contract”) shall mean the historic property contract between the City and
the property owner that provides the potential for reduced property taxes in return for the rehabilitation, restoration, and preservation
of a historic resource, pursuant to California Government Code Sections 50280 through 50289, Chapter 1, Part 1, Title 5.
“Minor Alterations” (or “Minor Modifications/Changes”) are defined in Section 9103.17.080(D) of this Chapter.
“Negligible Alterations” (or “Negligible Modifications/Changes”) are defined in Section 9103.17.080(E) of this Chapter.
“Nomination” means a nomination of a historic resource for placement in the Arcadia Register of Historic Resources pursuant to
this Chapter.
CITY OF ARCADIA ZONING CODE – ARTICLE IX: DIVISION AND USE OF LAND
CHAPTER 1: DEVELOPMENT CODE
March 2019 3-109 Division 3- Regulations Applicable to All Zones
“Non-Contributing Resource” (or “Non-Contributor”) means any building, structure, object, site, sign, area, place, or natural
feature within a historic district that does not meet the criteria for eligibility, does not contribute to the district’s historic, cultural, or
architectural significance, and therefore is not a historic resource for the purposes of this Chapter.
“Qualified Professional(s)” shall mean any of the following professions/occupations:
• Archaeologist shall refer to an archaeologist who meets and/or exceeds the Secretary of the Interior’s Professional
Qualifications Standards in archaeology, as defined by the National Park Service (Code of Federal Regulations, 36 CFR
Part 61).
• Architectural Historian shall refer to an architectural historian who meets and/or exceeds the Secretary of the Interior’s
Professional Qualifications Standards in architectural history, as defined by the National Park Service (36 CFR Part 61).
• Historian shall refer to a historian who meets and/or exceeds the Secretary of the Interior’s Professional Qualifications
Standards in history, as defined by the National Park Service (36 CFR Part 61).
• Historic Architect shall refer to a licensed architect who meets and/or exceeds the Secretary of the Interior’s Professional
Qualifications Standards in historic architecture, as defined by the National Park Service (36 CFR Part 61).
• Structural Engineer shall refer to any individual registered by the State of California to practice structural engineering
and to use the title Structural Engineer pursuant to the State of California Business and Professions Code, Chapter 7,
Section 6701.
“Rebuild” shall refer to any activity where more than 50 percent of the existing foundation/floor assembly or more than 50 percent
of the exterior walls of a building are removed. See Section 9109.01 (Definitions), Article IX of the Arcadia Development Code.
“Relocation” shall refer to the process of physically transporting a building, structure, or object from one location to another.
“Secretary of the Interior’s Standards for the Treatment of Historic Properties” (or “Secretary of the Interior’s Standards”)
means the Standards and Guidelines developed by the United States Department of the Interior, National Park Service for the
preservation, rehabilitation, restoration, and reconstruction of historic resources. In accordance with California Code of Regulations
Title 14, Chapter 3, Section 15064.5, 15126.4(b)(1), and 15221, physical changes to historic resources that conform with the
Secretary of the Interior’s Standards are generally considered to be mitigated to a level of less than significant under CEQA and
may be eligible for a Class 31 Categorical Exemption.
DATE: March 19, 2019
TO: Honorable Mayor and City Council
FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director
Lisa L. Flores, Planning & Community Development Administrator
SUBJECT: ORDINANCE NO. 2359 AMENDING VARIOUS SECTIONS OF ARTICLE
IX, CHAPTER 1 OF THE ARCADIA MUNICIPAL CODE (THE
“DEVELOPMENT CODE”), WITH AN EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”), TO
IMPLEMENT A HISTORIC PRESERVATION ORDINANCE
Recommendation: Introduce
SUMMARY
At the February 19, 2019, City Council meeting, a public hearing was held to consider a
Draft Historic Preservation Ordinance. At the conclusion of the hearing, public testimony
was closed and the City Council agreed in concept to a Draft Ordinance. The City Council
further directed that the Ordinance be modified pursuant to their decision and returned at
a later date for introduction.
It is recommended that the City Council introduce Ordinance No. 2359 approving a
Historic Preservation Ordinance, along with an exemption from the California
Environmental Quality Act Section 15308, Class 8, and as a project subject to CEQA’s
“general rule” of no impact.
BACKGROUND
Text Amendment No. TA 18-02 has been prepared to amend various sections of the
Arcadia Development Code to adopt a Citywide Historic Preservation Ordinance. In
addition to providing processes for designating historic properties, forming historic
districts, and participating in the Mills Act Program, t he Ordinance originally proposed a
Historic Preservation Ordinance - Introduction
March 19, 2019
Page 2 of 5
list of 176 resources that were identified as being potentially eligible for listing as a historic
resource at the federal, state, and/or local level.
At their January 8, 2019, meeting, the Planning Commission held a Public Hearing on the
draft Historic Preservation Ordinance. Following public testimony and discussion, the
Planning Commission recommended adoption of a Historic Preservation Ordinance, but
as a voluntary or “consensual” Ordinance. The Planning Commission also recommended
that the list of eligible resources not be adopted, and that their individual comments be
forwarded to the City Council.
At the February 19, 2019, meeting, the City Council took additional public testimony and
engaged in lengthy discussion. At the conclusion of the meeting, the City Council took the
actions listed below:
1. Agreed in concept to introduce a new Historic Preservation Ordinance.
2. Eliminated the list of eligible historic properties and removed it as part of the
Ordinance.
3. Retained the City Council’s ability to override a property owner’s objection to
being designated as a historic landmark, but mentioned that there are only a
handful of “gems” that this power would be considered for.
4. Agreed with the recommendation that a Historic District could be formed if 75%
of the owners within the District agreed, and at least 60% of the structures in the
district were contributing to the historic nature of the District. For a District, there
would be no Council override ability if the 75% threshold was not met.
Ordinance No. 2359 has been modified to reflect these actions and is included as
Attachment No. 1 to this Staff Report. For a full description of the background on this
topic, as well as a description of the Ordinance, public comments, fiscal analysis, and the
Findings required for approval, please see the February 19, 2019 , Staff Report, included
as Attachment No. 3.
In addition to Ordinance No. 2359, a resolution establishing fees for historic preservation
applications and processes will be provided at a later date for City Council consideration.
ANALYSIS
The City Council heard testimony on February 19 from over 50 public speakers. Many of
these speakers own structures that had been placed on the list of potentially eligible
properties for consideration. The City Council agreed with the Planning Commission that
a Historic Preservation Ordinance should be adopted and that the list of eligible properties
should be eliminated and not be made part of the Ordinance. Even though the City
Council made it clear that simply being on the list would not automatically d esignate a
property, the conclusion was that the list was not necessary.
Historic Preservation Ordinance - Introduction
March 19, 2019
Page 3 of 5
Following discussion, the City Council did add back in a clause that was in the previous
Draft Ordinance to provide the possibility of a City Council “override” of a property owner’s
objection to a historic designation. The City Council felt that there are a small number of
structures or resources in the City that merited at least consideration for preservation in
the future given their importance to the City’s history, the fact that they were designed by
a famous architect, or the like. Although a number of specific properties we re mentioned
by Council Members as worthy of this consideration, there was not a formal list created
or adopted of these properties. However, the City Council made it clear this authority
would only apply to a small number of properties. Additionally, the City Council also
required that a simple majority vote of the Council would be needed even to consider
utilizing this override, AND a supermajority vote of at least four affirmative votes would be
needed to actually designate a property over a property owner’s objections.
A specific list of properties that this override might apply to was not provided, nor is it
advisable to do so. The reason for this is that any property over 50 years of age or older
that is proposed for demolition needs to go through the California Environmental Quality
Act (“CEQA”) process to determine whether it meets any historic criteria. This practice
has been in place for many years and will not change as a result of the Ordinance.
Through this process, hundreds of properties have been demolished after being reviewed
by a qualified architectural historian or historian. Without going through this process, it is
not fair or advisable to establish a truncated list of properties as this would be too
subjective. The difference between a smaller, focused list of what the City Council may
consider “gems” and the original list of 176 properties is that the original list was merely
a list of potentially eligible structures. A revised focused list of “gems” would pre-identify
these structures as worthy of preservation before any additional work was completed. It
is possible that resources placed on this list would drop off once the required review was
conducted due to additional information uncovering that additions had been completed,
alterations had occurred, or other circumstances exist that would render the project
ineligible. In fact, this is exactly what has been occurring with individual property owners
conducting their own reviews of their properties because they had been placed on the
original list of 176 resources.
A good example of the importance of the review process is the Derby Restaurant. Anyone
making a “short list” of properties that are important to Arcadia’s history would include the
Derby. However, at the meeting, the owner of the restaurant provided testimony that not
a lot of the original Derby remained, that additions and replacements over time had
removed much of the original work, and that much of the horse racing décor and artifacts
may actually be removed from the site. While we do not know how this may impact a
potential historic designation of the property, this illustrates the risk of elevating a small
list of properties to a higher level of scrutiny without doing any research. If the City Council
wishes to adopt a specific list of “gems”, it would be strongly recommended that additional
research be done on those properties under consideration prior to establishing such a
list. This additional research would cost approximately $3-5,000 per property studied.
Historic Preservation Ordinance - Introduction
March 19, 2019
Page 4 of 5
Finally, the City Council agreed with the original recommendation on the establishment
of a potential Historic District: That 60% of the structures in a proposed District would
need to be “contributors” to the District, and 75% of the property owners would need to
affirmatively agree to be in the District. If those numbers were reached, the District could
be proposed. At that time, the City Council could still deny a District if they felt it was too
small, or did not meet the finding in the Ordinance that it “possessed a significant
concentration, linkage, or continuity of sites, buildings, structures, or objects united
historically or aesthetically by plan or physical development”. In no case, could the City
Council approve a District if the 75% property owner approval requirement was not
reached.
As mentioned above, a resolution will be provided at a later date related to fees and
incentives for historic preservation work. Proposed fees will include Certificates of
Appropriateness (Major and Minor), Designation of a Historic District, Designation of a
Local Landmark, and Mills Art participation. While establishing fees will be important, it is
understood that the City Council is interested in this being primarily a voluntary program,
and there being incentives available. Therefore, when the fees are considered, the Staff
will also provide a recommended incentive package for City Council review and
consideration.
ENVIRONMENTAL ANALYSIS
The proposed Historic Preservation Ordinance (and the associated Fee Resolution) is
covered by the “General Rule Exemption” of the California Environmental Quality Act
(“CEQA”) for projects that can be seen with certainty that there is no possibility that the
action in question may have a significant effect on the environment per CEQA Section
15061(b)(3). The project is also exempt under Section 15308, Class 8, as no construction
activities or other direct physical changes could result from the adoption of the Historic
Preservation Ordinance – refer to Attachment No. 6. The Historic Preservation Ordinance
would not result in the relaxation of standards and would not allow for envi ronmental
degradation. Conversely, the Historic Preservation Ordinance would establish protections
and procedures for the preservation of cultural resources.
RECOMMENDATION
It is recommended that the City Council introduce Ordinance No. 2359 amending various
Sections of Article IX, Chapter 1 of the Arcadia Municipal Code (the “Development
Code”), with an exemption under the California Environmental Quality Act (“CEQA”), to
implement a Historic Preservation Ordinance.
Historic Preservation Ordinance - Introduction
March 19, 2019
Page 5 of 5
Attachment No. 1: Ordinance No. 2359, including Draft Historic Preservation Ordinance
Attachment No. 2: Public Comments Received after February 19, 2019 Meeting
Attachment No. 3: February 19, 2019 Staff Report, includes:
Public Comments received after Planning Commission
Meeting
Revised Fees and Potential Incentives
Attachment No. 4: Minutes from the January 8, 2019, Planning Commission Meeting
Attachment No. 5: January 8, 2019, Planning Commission Packet, includes:
Staff Report
Draft Ordinance Provided to Planning Commission
List of Properties Eligible as Historic Resources
Historic Context Statement
Historic Preservation Fact Sheet
Comments Received from Public Prior to Planning Commission
Meeting
Proposed Fees and Incentives
Preliminary Exemption Assessment