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
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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
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"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
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"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.
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"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.
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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:
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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
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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
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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)
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