STAKEHOLDERS/OUTREACH
Not applicable.
FISCAL IMPACT
There is no fiscal impact associated with this report.
ENVIRONMENTAL REVIEW (CEQA/NEPA)
The project is exempt from CEQA as a Class 8 (“Actions by Regulatory Agencies for Protection of the Environment”) and Class 21 (“Enforcement Actions by Regulatory 652 of 715
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Agencies”) categorical exemption pursuant to Sections 15308 and 15321 of the State CEQA Guidelines.
CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.
ALTERNATIVES TO STAFF RECOMMENDATION
1. City Council can choose to impose some, but not all, of the demolition penalties established in GMC section 15.20.090.
2. City Council can choose not to impose any of the demolition penalties established in GMC section15.20.090.
3. City Council can choose an option not identified by staff.
ADMINISTRATIVE ACTION
Submitted by:
Bradley Calvert, Director of Community Development
Prepared by:
Jay Platt, Principal Planner
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS
Exhibit 1: 2022 Drawing Set for House Addition
Exhibit 2: Architect’s Plans (April 29, 2023)
Exhibit 3: Building Permit BCB2207949
Exhibit 4: Draft DPR 523 Form for 1239 N. Everett Street, ASM Affiliates Exhibit 5: Photographs
Exhibit 6: Stop Work Notice and Letters from Building Official and attachments thereto Exhibit 7: Notice of Intent to Revoke
Exhibit 8: Building Permit Revocation Letter
Exhibit 9: Text of GMC 15.20.090
Exhibit 10: Text of GMC 30.25.060
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RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDALE,
CALIFORNIA ADOPTING FINDINGS OF VIOLATION OF GLENDALE
MUNICIPAL CODE CHAPTERS 15.20 AND 30.25 AS A RESULT OF THE
UNPERMITTED DEMOLITION OF A HISTORIC RESOURCE LOCATED
AT 1239 N. EVERETT STREET AND IMPOSING PENALTIES IN
CONNECTION THEREWITH
WHEREAS, GMC section 15.20.090(C) authorizes the City Council to conduct a public hearing to consider evidence of unpermitted complete or partial demolition of a historic resource in violation of Chapter 15.20, to impose penalties stemming from the violation(s), and to authorize recordation of an instrument imposing covenants on a property where the complete or partial demolition of a contributing or non-contributing building occurred in a designated or pending historic district overlay zone occurred without approval of a demolition clearance and issuance of a demolition permit pursuant to GMC Chapter 15.22; and
WHEREAS, the 1925 Spanish Colonial Revival-style single-family residence (“House”) located at 1239 N. Everett Street (“Property”) was identified as a contributor in the draft historic resource survey for the pending Bellehurst Historic District dated July 2023 and is therefore determined to be an historic resource; and WHEREAS, in October 2023, the House at the Property was demolished without the City-approved demolition clearance or demolition permit required by Glendale Municipal Code (GMC) Sections 15.22.040 and 30.25.060); and WHEREAS, on April 2, 2024, the City Council conducted a hearing, and received testimony, reviewed documentary records, including but not limited to the April 2, 2024 staff report and all its exhibits, and materials presented at the hearing documenting the unpermitted demolition of the House, an historic resource; and WHEREAS, based on hearing and reviewing all the evidence in connection with the demolition of the House at 1239 N. Everett, and following deliberation, the City Council finds and determines that the demolition of the House at the Property was complete and that such demolition violated GMC sections 15.22.040 and 30.25.060.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA THAT:
1. The recitals herein above are findings incorporated herein and are relied upon as factual support for the determination that the House at the Property was a complete demolished in violation of GMC sections 15.22.040 and
30.25.060.
2. The Council’s determination that the demolition on the Property was complete is also based on the following facts:
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a. The photographic record presented at the hearing established that on October 19, 2023, the roof and roof framing were demolished and that only a portion of the chimney, on the south side façade, that a few framing studs remained at the north side façade, and that the entire front (east) façade and almost all of the side facades were removed down to the floor deck.
b. That on November 14, 2023, based on inspection by City staff, the demolition materials from the House that were alleged to remain at the Property in a dumpster had been in fact removed, and that only a scant amount of demolition material remained on the Property. c. That due to the extent of demolition and removal of original demolition materials, reconstruction as a penalty option for a partial demolition outlined in GMC section 15.20.090(F) cannot be realistically considered, and on that basis the demolition is considered complete.
3. Based on the findings of violation, Council hereby imposes the following penalties pursuant to GMC section 15.20.090:
a. GMC §15.20.090(C): Imposition of a Three-Year Construction Moratorium: No building or construction related permits shall be issued for the Property upon which the demolition took place for a period of three years commencing on October 19, 2023 (“Construction Prohibition Period”), which is the date Community Development staff visited the site, documented the demolition, and obtained actual knowledge of the demolition.
b. GMC §15.20.090(C): Recordation of an Instrument Imposing Covenants. In connection with the Construction Prohibition Period the City shall record an instrument imposing covenants on the Property with the County of Los Angeles that memorializes the time period during which permit issuance is prohibited.
c. GMC §15.20.090(D): Property Maintenance Required: During the Construction Prohibition Period, the Property shall be maintained so as to not constitute a public or private nuisance, or otherwise violate Chapter 15.20. Specifically, the Property shall be maintained:
i. In a clean and orderly manner free of junk, trash, debris, litter, abandoned or inoperable vehicles, stagnant water, abandoned excavations, appliances and furniture, storage containers, vegetation that is not in a healthy or living state, and overgrown vegetation.
ii. With living vegetation, including trees and shrubs, which living vegetation shall be retained and fully maintained, including receiving necessary watering and trimming, during the
construction prohibition period.
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iii. With living grasses and groundcovers and new grass and/or groundcover shall be planted at any areas of bare soil to control dust and erosion. All grasses and groundcovers shall not exceed an overall height of six inches. Additionally, vehicles of any type shall not be parked or stored on the property and no
remunerative use of any kind shall be allowed.
4. (GMC §15.20.090(E): Limitations on New Development (Complete Demolition): Any new construction following the expiration of the Construction Prohibition Period be within the same footprint, height, and square footage as the house that was demolished.
APPROVED AND ADOPTED this _______ day of ________________, 2024. _________________________________
Mayor
ATTEST:
_______________________________
City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF LOS ANGELES )
I, Suzie Abajian, Ph.D., Clerk of the City of Glendale, certify that the foregoing Resolution No. ________________ was adopted by the Council of the City of Glendale, California, at a regular meeting held on the _______ day of ____________________, 2024, and that same was adopted by the following vote:
Ayes:
Noes:
Absent:
Abstain:
________________________________
City Clerk
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DPR 523A (1/95) *Required Information
State of California — The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Primary #
HRI #
Trinomial
NRHP Status Code 5D3
Other Listings
Review Code Reviewer Date
P1. Other Identifier: #
*P2. Location: Not for Publication Unrestricted
*a. County: Los Angeles and (P2c, P2e, and P2b or P2d. Attach a Location Map as necessary.) *b. USGS 7.5’ Quad
c. Address 1239 N Everett St. City Glendale Zip 91207
d. UTM: (give more than one for large and/or linear resources) Zone 11mE/ mN e. Other Locational Data: (e.g. parcel#, directions to resource, elevation, etc.) *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) 1239 N Everett St. was constructed in 1925 as a 1-story Spanish Colonial Revival house. 1239 N Everett St. exhibits the following architectural features:
• Square-form, single-family residence with an asymmetrical main facade • Low pitch, U shaped red clay tile, flat roof
• Medium textured stucco exterior cladding
• Poured concrete foundation
• Narrow projecting eaves
• Recessed porch on the main facade
(continued on p. 2)
*P3b. Resource Attributes: (List attributes and codes) HP2. Single-family property *P4. Resources Present: Building Structure Object Site District Element of District Other (Isolates, etc.) P5a. Photograph or Drawing (Photograph required for buildings, structures, and objects.) P5b. Description of Photo: (view, date, accession#)
Main façade; view toward east
Feb 9, 2023
*P6. Date Constructed/Age and Source:
Historic Prehistoric Both
1925
LA County Assessor
*P7. Owner and Address:
*P8. Recorded by: (Name, affiliation, and address)
Laura Voisin George
ASM Affiliates
20 N. Raymond Ave. Suite 220
Pasadena, CA 91103
*P9. Date Recorded: Feb 9, 2023
*P10. Survey Type: (Describe) Pedestrian historic district survey *P11. Report Citation: ASM Affiliates, Inc. 2023. Bellehurst Historic District Survey Report. Prepared for City of Glendale. *Attachments: NONE Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record 682 of 715
DPR 523A (1/95) *Required Information
Artifact Record Photograph Record Other (List):
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DPR 523L (1/95) *Required Information
State of California — The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary #
HRI #
Trinomial
Recorded by: Laura Voisin George, ASM Affiliates Date: Feb 9, 2023 *P3a. Description: (continued from p. 1)
Exterior architectural features continued:
• Single wood doors with glass inset
• Fixed and casement (latch) wood windows
• Bullnose profile and narrow trim wood window surrounds • Wood window surrounds
• Projecting vigas
• Attic vents
• Driveway Extends to rear/detached garage
• Driveway composed of large sections of concrete
• Detached garage with lift-up garage door
• Garage designed in same style as house
• Front yard landscaping features grass and paved pedestrian walkways • Overall, the house is in Fair condition.
Exterior alterations include:
• No visible alterations since year built
1239 N Everett St. exhibits the following character-defining features of Spanish Colonial Revival style:
• one story
• asymmetrical
• red clay tile roof
• low pitched roof
• multiple roof lines
• rough or patterned stucco
• wood windows
• divided light windows
• arched openings
As 1239 N Everett St. is a single-family residence constructed during the period of significance in one of the architectural styles for which the district is eligible and retains sufficient overall integrity, it is considered a contributing resource to the Bellehurst Historic District. 684 of 715
DPR 523I (1/95) *Required Information
State of California — The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PHOTOGRAPHIC RECORD
Primary #
HRI #
Trinomial
Recorded by: Laura Voisin George, ASM Affiliates Date: Feb 9, 2023 Photo 1. Oblique view toward southeast
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DPR 523I (1/95) *Required Information
Photo 2. Oblique view toawrd northeast
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DPR 523I (1/95) *Required Information
State of California — The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PHOTOGRAPHIC RECORD
Primary #
HRI #
Trinomial
Recorded by: Laura Voisin George, ASM Affiliates Date: Feb 9, 2023 Photo 3. Detail of front entrance area
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Exhibit 4
Photographs – 1239 N. Everett Street
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MLS Real Estate Photos
2023
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MLS Real Estate Photos
2023
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Neighbor Photos – Demo in Progress
October 19, 2023
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Neighbor Photos – Demo in Progress
October 19, 2023
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Planning Staff Photos
November 14, 2024
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Planning Photos
November 14, 2023
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Planning Photos
November 14, 2023
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Planning Photos
November 14, 2023
Salvaged original framing
lumber (left) and apparent
reuse of salvaged lumber
(right)
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Planning Photos – most debris removed from site
November 14, 2023
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MLS photo – 2023
former open porch had been converted
into sunroom at some time after original
construction 698 of 715
October 19, 2023 afternoon (neighbor photo) – day of Stop Work Order October 19, 2023 evening (Planning photo)
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November 14, 2023 – Planning photos – shortly after meeting with applicants 700 of 715
Building Inspector photo - day after meeting with applicants November 15, 2023
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§ 15.20.090. Enforcement and penalties.
A. A violation of any provision of this chapter is expressly prohibited and is punishable as a misdemeanor pursuant to Section 1.20.010 of this code.
B. In addition to any other remedies provided herein, any violation of this chapter may be enforced by civil action brought by the city. Remedies under this chapter are in addition to, and do not supersede or limit, any and all other civil or criminal remedies. The remedies provided for herein are cumulative and not exclusive. In any such action, the city may seek as appropriate, any or all of the following remedies:
1. A temporary or permanent injunction, or both;
2. Assessment of the violator for the costs of any investigation, inspection or monitoring survey that led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection; and
3. Assessment of the violator of civil penalties pursuant to Chapter 1.24.
C. In addition to any other remedies provided herein, in the event a designated historic resource, a resource pending designation as a historic resource, a potential historic resource, or a protected interior is completely or partially demolished in violation of this chapter, as a penalty no building or construction related permits shall be issued for the property upon which the demolition took place for a period of three years from the date of demolition. Said penalty shall be issued and enforced either by the city council following a public hearing, or by a civil action filed by the city attorney and adjudicated by a court of competent jurisdiction. The city shall also record an instrument imposing covenants on real property with the county of Los Angeles that memorializes the time period during which permit issuance is prohibited. A demolition shall be presumed to have occurred on the date the city had actual knowledge of the demolition.
D. In addition to any other remedies provided herein, any property that remains undeveloped pursuant to subsection C shall be maintained in such a manner so as to not constitute a public or private nuisance, or otherwise violate the chapter. The property shall be maintained in a clean and orderly manner free of junk, trash, debris, litter, abandoned or inoperable vehicles, stagnant water, abandoned excavations, appliances and furniture, storage containers, vegetation that is not in a healthy or living state, and overgrown vegetation. Living vegetation, including trees and shrubs, shall be retained and fully maintained, including necessary watering and trimming, during the construction prohibition period. Living grasses and groundcovers shall also be retained and fully maintained and new grass and/or groundcover shall be planted at any areas of bare soil to control dust and erosion.
All grasses and groundcovers shall not exceed an overall height of six inches.
Additionally, vehicles of any type shall not be parked or stored on the property and no remunerative use of any kind shall be allowed.
City of Glendale, CA
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( Ord. 5110 § 17, 1996; Ord. 5784 § 14, 2012; Ord. 5931 § 7, 2019) E. In addition to any other remedies provided herein, in the event a designated historic resource, a resource pending designation as a historic resource, or a potential historic resource is completely demolished in violation of this chapter, any new building(s) or structure(s) proposed for construction on the site after the expiration of the construction permit ban set forth in subsection C shall be limited to the same footprint, height, and square footage as the demolished building(s) or structure(s).
The foregoing notwithstanding, the director of community development shall have discretion to allow deviations from this provision to cure prior nonconforming conditions and to make changes that would benefit the community in order to achieve compliance with the design review guidelines and with this chapter. In the event the owner of a designated historic resource, a resource pending designation as a historic resource, or a potential historic resource that was completely demolished applies to subdivide the property into two or more lots, and proposes to build two or more buildings or structures, after the expiration of the construction permit ban set forth in subsection C, the application shall be considered under the city's subdivision code; provided, however, at least one of the structures shall be limited to the same footprint, height and square footage as the demolished building(s) or structure(s). The design of the remaining one or more structure(s) shall be considered based on the city's design review standards and guidelines.
F. In addition to any other remedies provided herein, in the event a designated historic resource, a resource pending designation as a historic resource, a potential historic resource, or a protected interior is partially demolished through removal of one or more character-defining features in violation of this chapter, the missing features shall be reconstructed and/or replaced in kind to match the original in terms of size, proportions, design, details, materials, and overall appearance. In the event that aspects of the original feature(s) cannot be discerned through documentary and/or physical evidence, the director of community development shall determine the preferred method of reconstruction or replacement.
City of Glendale, CA
§ 15.20.090 § 15.20.090
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§ 30.25.060. Demolition clearance and demolition permit required for demolition of contributors and non-contributors to designated historic district overlay zones and pending historic district overlay zones.
( Ord. 5399 Attach. A, 2004; Ord. 5585 § 9, 2007; Ord. 5931 § 11, 2019; Ord. 5949 § 37, 2020)
A. No person shall completely demolish a contributor or non-contributor to a designated historic district overlay zone or pending historic district overlay zone without obtaining approval of a demolition clearance and a demolition permit, pursuant to Chapter 15.22 of this code.
B. In the case of an approval of a demolition of a contributor to a designated historic district overlay zone, the director of community development shall amend the historic resource survey for the district to update the record for the property.
C. In the event any contributing or non-contributing building in a designated or pending historic district overlay zone is completely demolished or partially demolished without approval of a demolition clearance and issuance of a demolition permit pursuant to Chapter 15.22 of this code, all provisions of Section
15.20.090 of this code may apply. In the case of a property in a pending historic overlay zone for which a historic resource survey has not been submitted by a consultant retained by the city and meeting the Secretary of the Interior’s Professional Qualification Standards, the director of community development shall, as required to establish the applicability of the various enforcement provisions of Section 15.20.090, determine whether the property is a contributor or a noncontributor to the pending historic district overlay zone and, for a property determined to be a contributor, identify its character defining features. These determinations are rebuttable presumptions and shall be based on the information included in the historic district application under consideration by the city and any additional information or materials as may be necessary for a complete review.
City of Glendale, CA
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