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PC R 08-2058RESOLUTION NO. 08-2058 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THE CITY COUNCIL APPROVE THE DEVELOPMENT CODE AMENDMENT CASE NO. 07-004 AND AMEND THE MUNICIPAL CODE RELATED TO HISTORIC RESOURCES WHEREAS, the City's 2001 General Plan objectives and policies promote the designation, preservation, restoration, safety, and use of historic structures to enrich the lives of future generations, providing opportunities to enjoy and learn about the community's history; WHEREAS, the Historic Resource Committee has been established and is working to create a Register of local historic resources and; WHEREAS, the Historic Resource Committee has reviewed the current designation criteria and definitions related to historic resources and; WHEREAS, on March 19, 2008 the HRC made a recommendation that the City Council amend the designation criteria and definitions related to historic resources. WHEREAS, after consideration of all testimony and all relevant evidence, the Planning Commission has determined that the following Development Code Amendment findings can be made in an affirmative manner: A. The proposed revision to the Municipal Code objectives, policies and programs of the General encourages the preservation of historic and cultura is consistent with the goals, Plan especially C/OS4 which resources. B. The proposed revision to the Municipal Code will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern since the proposed changes will allow the nomination of relevant resources to the local register of historic resources. C. The proposed revision to the Municipal Code is consistent with the purpose and intent of Municipal Code Section 16.16.135, which provides fo� the identification, protection, enhancement, and perpetuation of the City's historical and architectural heritage. D. The potential environmental impacts associated with the proposed revision to the Municipal Code are less than significant since they aid in the City's ability to identify historic resources. RESOLUTION NO. 08-2058 PAGE 2 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends that the City Council amend Municipal Code Sections 16.04.070 and 16.16.135 related to historic resources as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. The motion was approved on the following roll call vote: AYES: Commissioners Marshall, Barneich, Keen, Ray and Tait NOES: None ABSENT: None the foregoing Resolution was adopted this 1 St day of April 2008. ATTEST: ,, KATHY NDOZA FO N REARDON-SMITH, CAREN RAY, CH IR SECRETARY TO THE COMMISSION ROB "STROTIG; COMMUNITY DEVEL PMENT DIRECTOR RESOLUTION NO. 08-2058 PAGE 3 Municipal Code Changes 16.04.070 - Definitions "Contributing propertv" shall mean a building structure site feature or object within an historic district that embodies the significant physical characteristics and features, or adds to the historical associations historic architectural qualities or archaeoloqical values identified for the historic district and was present durinq the period of significance relates to the documented siqnificance of the property and possesses historic integrity or is capable of yielding important information about the period - - --- -- - . - - -- - - -- -- - - -- -- - - - - - : : : -- �-- - - - -- - -- - - - - -- - - -- - - - - - --- --- - - - - -- - :- - --; -- -- - : - - - - --- :. -- - -- - -- - - -- - - - - - - - - - - : - : - - - : - - - - - - - - - - - - - - - - - : - - - - - - - - -- - - - - - - - : - - - - - - - - - - - - --- - -- - ---- :. -- - ---- - -- - - - -- - - - - - - - - : - : - --- - - - -- - - - - : - - - -- -- - - - --- - -- - - -: - : -- - - - - :. -- - - - - : - -- :. -- -- - : -- - - - - -- -:::- -- --- "Historical resource" means buildings, structures, signs, features, sites, places, areas or other improvements of scientific, aesthetic, educational, cultural, archaeological, architectural or historical value to citizens of the City of Arroyo Grande that are: � 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; and/or 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; and/or 3. Individually listed on or eligible for listing on the California Register of Historic Resources; and/or 4. Individually listed on a City inventory of historic resources or are determined to be eligible for listing on a City inventory of historic resources during the CEQA review process. RESOLUTION NO. 08-2058 PAGE 4 "Integrity" shall mean the ability of a structure, site, improvement or natural feature to convev its significance throuqh the survival of key elements of its oriqinal style, scale, materials and detailinq. "Non-contributing propertv" shall mean a structure, site, improvement or natural feature located within the boundaries of a desiqnated historic district that is not identified as a contributinq propertv within the district. � - --- - - - - - -- --- -- ------ - - --- - - --- - -- - - _. .. . - ---- --- - - -- --- - ----- - - -- - ---- - -- - - -- - -- - -- . .. - - -- -- -- - - -- -- - - - - - - - -- - --- - -- - - . . � - - ---- --- -- -- -- -- - -- - -- - -- -- - - - -- - - - -- - . . .. - - ---- � - - - --- -- - - - - - -- - ------- - -- -- ---- - - -- . .. - - -- -- -- - - :: : -- - .- -- - - -- - - "Significance" (Historic Resource) — Means a resource that has been determined to be historically important to the community bv meeting any of the criteria in Municipal Code Section 16.16.135.B. based upon consideration of information submitted in the record during the Historic Resource Desiqnation process as outlined in Municipal Code Section 16.16.135 Minor use permit--Historic resource or district designation. 16.16.135 Minor use permit--Historic resource or district designation. A. Purpose and Intent. The purpose of this section is to promote the general welfare by providing for the identification, protection, enhancement, perpetuation and use of improvements, buildings, structures, signs, features, sites, places and areas within the city that reflect special elements of the city's historical, architectural, archaeological, cultural or aesthetic heritage for the following reasons: 1. To encourage public knowledge, understanding, appreciation, and use of the city's past; and 2. To foster civic pride in the beauty and character of the city and in the accomplishments of its past; and 3. To enhance the visual character of the city by encouraging new design and construction that complements the city's historical buildings; and 4. To increase the economic benefits of historic preservation to the city and its inhabitants; and 5. To protect property values within the city; and 6. To identify as early as possible and resolve conflicts between the preservation of historica-F resources/districts and alternative land uses; and 7. To conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment. RESOLUTION NO. 08-2058 PAGE 5 B. Authority--Historical Resource/District Designation Criteria. The historic resources committee (HRC) is authorized to make recommendations to the architectural review committee, community development director, planning commission or city council for minor use permit applications designating a structure, site or other improvement a historic�+ resource or historic district if it meets any of the following criteria: , . , , , , , , ; . , , ; , , 1. It is the site of a significant local, county, state or national historic event. 2. It is strongly identified with a person who, or an organization, which significantly contributed to the culture, history or development of the communitv of Arroyo Grande the Countv of San Luis Obispo, the State of California or the United States. 3. It is a particularl rL,qood example of a period of history or architectural style and a structure of significant character interest or value as part of the development, heritaqe or cultural characteristics of the city, countv, state or nation. 4 It is one of the best or few remaining examples in the area possessinq distinguishable characteristics of an architectural type or specimen. 5. It is a notable work of an architect or master builder whose individual works have significantly influenced the development of the city, county, state or nation. 6. It embodies elements of architectural desiqn, detail, materials or craftsmanship that represent a siqnificant architectural innovation. 7 It has a uniaue location or sinqular phvsical characteristic representinq an established and familiar visual feature of a district, communitv, countv, state or nation. 8 It retains the inteqritv of the design has not been inappropriately altered, relocated, added to or remodeled 9 The structure or location is located in a�eographically definable area possessinq a concentration of historic resources that visuallv contribute to each other and are unified aestheticallv. C. Applicability. 1. A historical resource review shall be conducted according to Section '�.' �.'" "" 16.16.135(D) RESOLUTION NO. 08-2058 PAGE 6 2. Property that has been designated a historica� resource, that is located within a historic district shall continue to be subject to all zoning ordinances that would apply to such property if it were not so designated or located. By designating historic� resources, �eseafee� and historic districts, the city council shall not be construed to be repealing or waiving any other portion of the zoning ordinance of the city as it applies to the designated property. D. Designation Process. Historical resources, , and historic districts shall be designated by the planning commission and city council upon the recommendation of the HRC and ARC in the following manner: 1. Initiation of Designation. Designation of a historical resource, ���+�-���' -���• •-��, or a historic district may be initiated by (1) the owner of record of the property or � resource (2) the HRC, (3) the ARC, (4) the planning commission, (5) the city council, (6) by any resident of the city of Arroyo Grande or (6) any organization with a recognized interest in historical preservation. Applications for designation originating from outside the committee must be accompanied by such historical and architectural information as is required by the committee to make an informed recommendation concerning the application, together with the fee set by the city council. 2. List. The HRC shall publish and transmit to all interested parties a list of proposed designations, and shall disseminate relevant public information concerning the list of any site, structure, or area contained therein. The list shall be available through the Community Development Department. 3. Public Hearing. The HRC may, and the ARC shall make recommendations on a proposed designation of a historical resource to the community development director. A public hearing by the planning commission, pursuant to Section 16.12.160 of this title, shall be scheduled in the event that the property owner does not consent to the application for a proposed designation. 4. Findings - The planning commission may desiqnate the listinq of a propertv as a historic resource only if all of the following findings of fact can be made in an affirmative manner: 1. Based upon consideration of information submitted in the record during the Historic Resource Designation process the property meets any of the criteria listed in 16.16.135.B. 2. The resource retains the inteqrity of the design, has not been inappropriatelv altered, relocated, added to or remodeled. RESOLUTION NO. 08-2058 PAGE 7 45. Suspension of Work. While the planning commission's public hearing or the city council's decision on appeal is pending, the city requires suspension of development or building work on the site proposed for designation. E. Development and Building Permits. 1. No exterior alterations shall be made by any person to a historica+ resource, � located in a historic district without a development and building permit approved by the community development director upon a recommendation by the ARC, or on appeal by the planning commission or city council, nor shall the buitding official or planning commission grant any permit to carry out such work on a historica+ resource, ef located in a historic district without the prior issuance of a minor use permit--plot plan review pursuant to Section 16.16.060 of this title. Decisions by the city pursuant to this section are "discretionary" and relate to "discretionary projects" as these terms are used in the California Environmental Quality Act (CEQA). Any permit, including a building permit, or other city approval that would authorize any change in the exterior of any proposed or designated +a-�-�ar-� historical resource, or the exterior of any structure, building or significant feature within a designated or proposed preservation district, is a discretionary permit or approval within the meaning of CEQA. 2. Ordinary Maintenance and Repair. Nothing in this chapter shall be construed to prevent the o�dinary maintenance and repair of any exterior feature of any structure or property covered by this section, so long as such maintenance and repair does not involve a change in exterior design, material or appearance. 3. Unsafe or Dangerous Conditions. None of the provisions of this section shall prevent any measures of construction, alteration or demolition necessary to correct the unsafe or dangerous conditions of any structure, other feature or part thereof, where such condition has been declared unsafe or dangerous by the building official or the fire chief, and where the proposed measures have been declared necessary by such official, to correct the condition; provided, however, that only such work as is absolutely necessary to correct the unsafe or dangerous condition and as is done with due regard for preservation of the appearance of the structure involved may be performed pursuant to this section. In the event any structure or other feature shall be damaged by fire, or other calamity, or by act of God, to such an extent that in the opinion of the aforesaid officials it cannot be reasonably repaired and restored, it may be removed in conformity with normal permit procedures and applicable laws. If the condition of an unsafe or dangerous historical resource, located in a historic district so permits, the official in charge of overseeing correction of such a condition shall consult with the HRC and community development director before carrying out corrective measures. 4. Duty to Keep in Good Repair. The owner, lessees and any other person in actual charge or possession of a historical resource, , RESOLUTION NO. 08-2058 PAGE 8 located within a historic district shall take steps necessary to prevent: a. The substantial deterioration or decay of any exterior portion of such a resource ef ; b. The substantial deterioration or decay of any interior portions thereof the maintenance of which is necessary to preserve any exterior portion. As used in this section, the term "substantial deterioration or decay" shall refer to those conditions of the structure or improvement which threaten the structural or historical integrity of the resource or improvement. 5. Showing of Extreme Hardship. If the applicant presents evidence clearly demonstrating to the satisfaction of the historical resources committee and community development director that failure to approve the application for a development or building permit will cause an immediate extreme hardship because of conditions peculiar to the particular structure or other feature involved, the planning commission may approve or conditionally approve such application even though it does not meet the standards set forth in subsection 16.16.21 1(B). In determining whether extreme hardship exists, the committee shall consider evidence which demonstrates: a. Denial of the application will diminish the value of the subject property so as to leave substantially no value; b. Sale or rental of the property is impractical, when compared to the cost of holding such property for uses permitted in the zoning district; c. Utilization of the property for lawful purposes is prohibited or impractical; d. Rental at a reasonable rate of return is not feasible. F. Additional Findings for the Alteration or Demolition of 74 a Designated Historic Resource. In evaluating applications for a-� the alteration e�de�eli�ie� of a designated historical resource, the community development director with a recommendation by the ARC, or the planning commission or the city council upon appeal shall consider the architectural style, design, arrangement, texture, materials, color and other factors and shall utilize The Secretarv of the lnterior's Standards for the Treatment of Historic ProAerties with Guidelines for Preservinq, Rehabilitating, Restoring & Reconstructinq Historic Buildinqs. Project changes found consistent with the Secretary of Interior's Guidelines shall be considered less than significant under the CEQA review process. The community development director, or the planning commission or city council upon appeal shall approve the issuance of a development permit ' for any proposed work if and only if it finds: a. With regard to a historical resource , the proposed work will neither adversely affect the exterior architectural features of the resource nor adversely affect the character or historical, architectural or aesthetic interest or value of such resource and its site based upon consistency with the Secretarv of the RESOLUTION NO. 08-2058 PAGE 9 lnterior's Standards for the Treatment of Historic Properties with Guidelines for Preserving Rehabilitatinq, Resto�ing & Reconstructing Historic Buildinqs. b. With regard to any property located within a historic district, the proposed work conforms to the standards for the district adopted by the committee, and does not adversely affect the character of the district. c. The work is consistent with the provisions in Section '�.' �.'" "�` 16.16.135(E1. d. Demolitions. When application is made for a development or building permit to demolish a historical resource , the Historic Resources Committee, Architectural Review Committee, Community Development Director or Planning Commission disapproval of the application shall mean that no development or building permit shall be issued or demolition allowed until review and approval by the City is complete. (Ord. 571 Exh. A (part), 2005) r--, ,�. � �