O 598ORDINANCE N0.598
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING CHAPTERS 16.04 AND
16.16 OF TITLE 16 OF THE ARROYO GRANDE MUNICIPAL
CODE REGARDING THE HISTORIC RESOURCE
DESIGNATION PROCESS
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 by providing opportunities to enjoy and learn about the community's history;
and
WHEREAS, on August 23, 2005, the City Council adopted Ordinance 571, which created
the Historic Resources Committee (HRC) and established a historical designation process.;
and
WHEREAS, key components of the HRC mission are to:
• 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;
• Improve the local economy by attracting tourism and other business to the
community;
• Foster a sense of community identity and pride;
• Stabilize and improve the economic value of historic properties and neighborhoods;
• Enhance the community's aesthetics, interest, and unique historic character;
• Encourage and provide incentives to property owners to preserve and restore
historic properties, and to sensitively rehabilitate them for adaptive re-use when
necessary; and
WHEREAS, on March 19, 2008, in an effort to clarify and refine specific references, the
HRC recommended that the City Council amend the Municipal Code by 1) adding new
definitions; 2) more clearly define criteria used to nominate historic resources, 3) add
findings associated with the designation process and 4) adopt The Secretary of the
Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving,
Rehabilitating, Restoring & Reconstructing Historic Buildings; and
WHEREAS, on April 1, 2008, the Planning Commission held a public hearing and adopted
a Resolution recommending the City Council approve Development Code Amendment
Case No. 07-004 and amend the Municipal Code related to Historic Resources; and
WHEREAS, on April 7, 2008, the Architectural Review Committee reviewed the proposed
changes and made a recommendation the City Council to approve Development Code
Amendment Case No. 07-004 and amend the Municipal Code related to Historic
Resources; and
ORDINANCE NO. 598
PAGE 2
WHEREAS, the City Council finds, after study, deliberation and public hearings, the
following circumstances exist:
A. The proposed amendments to Title 16 of the Municipal Code are consistent with the
goals, objectives, policies and programs of the General Plan, especially C/OS4
which encourages the preservation of historic and cultural resources.
B. The proposed amendments to Title 16 of 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 amendments to Title 16 of the Municipal Code are consistent with the
purpose and intent of Title 16 including Municipal Code Seciton16.16.135, which
provides for the identification, protection, enhancement, and perpetuation of the
City's historical and architectural heritage.
D. The City has conducted environmental review for adoption of an ordinance
amending Title 16 of the Municipal Code, and has found that it can be seen with
certainty that there is no possibility that the proposed amendments will have an
effect on the environment and therefore this project is exempt from the provisions of
CEQA, pursuant to CEQA Guidelines Section 15061(b)(3); and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande,
as follows:
SECTION 1: The above recitals and findings are true and correct
SECTION 2: Arroyo Grande Municipal Code chapters and sections set forth herein below are
hereby amended as shown in Exhibit "A" attached hereto and incorporated by this reference.
a. Amend Section 16.04.070.C. in Chapter 16.04 to add, repeal or amend certain
definitions;
b. Amend Section 16.16.135 in Chapter 16.16 in its entirety.
SECTION 3: If any section, subsection, subdivision, paragraph, sentence, or clause of this
Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not
affect the validity of the remaining portion of this Ordinance or any part thereof. The City
Council hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, or clause thereof, irrespective of the fact that any one or more section,
subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional.
SECTION 4: A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
ORDINANCE N0.598
PAGE 3
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text
of the proposed Ordinance shall be posted in the office of the Director of Administrative
Services/City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary
with the names of those City Council Members voting for and against the Ordinance shall
be published again, and the Director of Administrative Services/City Clerk shall post a
certified copy of the full text of such adopted Ordinance.
SECTION 5: This Ordinance shall take effect thirty (30) days after its adoption.
On motion by Council Member Fellows, seconded by Council Member Guthrie, and by the
following roll call vote to wit:
AYES: .Council Members Fellows, Guthrie, Arnold, Costello, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Ordinance was adopted this 13th day of May 2008.
ORDINANCE NO. 59 ~
PAGE 4
TONY YOR
ATTEST: .
~~~~
KELLY WE MOR CITY CLERK
APPROVED AS TO CONTENT:
.~-- ..,~
ST J ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOyHI~ J. C~AIFEL, CITY ATTORNEY
ORDINANCE NO. 598
PAGE 5
EXHIBIT "A"
Amend Section
16.04.070.C -Definitions (to add, repeal or amend the following definitions)
"Contributing property" 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 archaeological values
identified for the historic district, and was present during the period of significance, relates
to the documented significance 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: aid
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.
ORDINANCE NO. 598
PAGE 6
"Integrity" shall mean the ability of a structure, site, improvement or natural feature to
convey its significance through the survival of key elements of its original style,
scale, materials and detailing.
"Non-contributing property" shall mean a structure, site, improvement or natural feature
located within the boundaries of a designated historic district that is not identified as a
contributing property within the district.
"Significance" (Historic Resource) - Means a resource that has been determined to be
historically important to the community by 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 Designation process as outlined in Municipal Code Section
16.16.135 Minor use permit--Historic resource or district designation.
Amend Section
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
historical 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.
ORDINANCE NO. 598
PAGE 7
B. Authority--Historic Resource/District Designation Criteria.
The historic resources committee (HRC) is authorized to make recommendations to the
community development director, planning commission or
city council for minor use permit applications designating a-str~ ~^~~~-eit°~-~;~
historical 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 community of Arroyo
Grande, the County of San Luis Obispo, the State of California or the United States.
3. It is a particularly Good example of a period of history or architectural style and a
structure of significant character, interest or value as part of the development,
heritage or cultural characteristics of the city, county, state or nation.
4. It is one of the best or few remaining examples in the area possessing
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 design, detail, materials or craftsmanship that
represent a significant architectural innovation.
7. It has a unique location or singular physical characteristic representing an
established and familiar visual feature of a district, community, county, state or
nation.
8. The structure or location is located in a geographically definable area possessing a
concentration of historic resources that visually contribute to each other and are
unified aesthetically.
C. Applicability.
1. A historical resource review shall be conducted according to Section ,~ ,~ '~11/r1\
16.16.135(D)
2. Property that has been designated a historical resource or 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 historical resources~R
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.
ORDINANCE NO. 598
PAGE 8
Historical resources, ,and historic districts shall be
designated by the community development director, planning commission a~ or city
council upon the recommendation of the HRC and ARC in the following manner:
1. Initiation of Designation. Designation of a historical resource,
r°°,~~ or a historic district may be initiated by (1) the owner of record of the property or
s~s#~re resource (2) the HRC, (3) the ARC, ~4) the community development director,
~~ the planning commission, (a6) the city council, (67) by any resident of the city of
Arroyo Grande or (68) any organization with a recognized interest in historical preservation.
Applications for designation originating from ee~side other than the ^^^^'w~ee HRC must
be accompanied by such historical and architectural information as is required by the
committee to make an informed recommendation concerning the application, togetherwith
the fee set by the city council.
2. Notice. The HRC shall publish and transmit +^ ^~~ .r,+°r°~+°~ .,.,r+,°~ , r~+ ^f
lic~+ i+f .~r,v ~~+° ~+n ~nfi ~r° ^r °r°° ^^r,+°,r,°,~_++~ar°,.,. a notice informing property owners of
*r~r-vrur~-.m , ,
historic resources proposed to be designated and all interested parties of the time and
location of all meetings in which the designations will be discussed and considered.
3. Advisory Recommendations. The HRC and the ARC shall make recommendations on a
proposed designation of a historic resources or historic districts to the community
development director.
4. Community Development Director Decision. Except for concurrent applications as
provided for in Section 16.12.070, the community development director is authorized to
approve minor use permits for historic resource and historic district designations, subject to
the appeal provisions of Section 16.12.150. The community development director shall
prepare a written decision that shall contain the findings of fact upon which such decision is
based. Copies of the decision shall be provided to the applicant and owners of the
designated property or properties within the proposed historic district.
3-: 5. Public Hearing. ,
.A
public hearing by the planning commission, pursuant to Section 16.1.2.160 of this title, shall
be scheduled in the event that the property owner does not consent to the application for a
proposed designation.
6. Findings -The community development director or the planning commission if the
property owner does not consent, may designate the listing of a property as a historic
resource only if all of the following findings of fact can be made in an affirmative manner:
1. The proposed protect is consistent with the goals, objectives, policies and
programs of the Arroyo Grande general plan;
2. Based upon consideration of information submitted in the record during the
Historic Resource designation process the property meets any of the criteria
listed in 16.16.135.8.
3. The resource retains the integrity of the design, has not been inappropriately: a)
altered; b) relocated; c) added to; or d) remodeled.
47. .Suspension of Work. While the '
ORDINANCE NO. 598
PAGE 9
. community development
director, planning commission or city council, on appeal, is considering a historic
designation, all development and building work on the site proposed for historic designation
shall be suspended.
E. Development and Building Permits.
1. No exterior alterations shall be made by any person to a historical resource, ae
without a
~°~~°~^^^,°^* minor use permit and building permit
,nor shall the building official or planning commission grant any
permit to carry out such work on a historical resource, e~
located in a historic district without the prior issuance of a minor use permit--
plotplan review pursuant to Section 16.16.0680 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 ~~ historical resource, or the exterior of any structure,
building or significant feature within a designated or proposed historic 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 ordinary 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, eatetaA
so permits, the official in
charge of overseeing correction of such a condition shall consult with the HRC, ARC 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, ,
shall take all steps necessary to prevent:
a. The substantial deterioration or decay of any exterior portion of such a resource of
ORDINANCE NO. 598
PAGE 10
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 ~ HRC and community development
director that failure to approve the application for a ~er~t minor use permit 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 ''~.''~.''''''~R`. 16.16.135.E.1. In determining whether extreme hardship
exists, the s~ittee HRC 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 A a Designated Historic Resource.
In evaluating applications for a~ the alteration of a designated historical
resource, with a recommendation by the HRC and
ARC, or the community development director, planning commission or #~e city council1
upon appeals shall consider the architectural style, design, arrangement, texture, materials,
color and other factors and shall utilize The Secretary of the Interior's Standards for the
Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring &
Reconstructing Historic Buildings. Proposed alterations found consistent with the Secretary
of Interior's Guidelines shall be considered less than significant under the CEQA review
process. The community development director, erne planning commission or city council1
upon appeal1 shall approve the issuance of a minor use permit ~er~
permit for any proposed alteration 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 Secretary of the Interior's
Standards for the Treatment of Historic Properties with Guidelines for Preserving,
Rehabilitating, Restoring & Reconstructing Historic Buildings.
b. With regard to any property located within a historic district, the proposed work conforms
to the standards for the district adopted by the ^~ HRC, and does not adversely
affect the character of the district.
c. The work is consistent with the provisions in Section ~ ~.' ~." ~ ~~` 16.16.135(E).
d. Demolitions. When application is made fora minor use permit or beildi~
demolition permit to demolish a historical resource ,
the HRC, ARC, Gcommunity development Odirector or
ORDINANCE NO. 598
PAGE 11
planning Ocommission disapproval of the application shall mean that no development
minor use permit or ~ demoltion permit shall be issued or demolition allowed until
review and approval by the City is complete.
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San.
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached is a true, full, and correct copy of Ordinance No. 598 which was
introduced at a regular meeting of the City Council on April 22, 2008; was passed
and adopted at a regular meeting of the City Council of the City of Arroyo Grande
on the 13~' day of May 2008; and was duly published in accordance with State
law (G.C. 40806)...
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14~'
day of May 2008..
KELLY TM E, CITY CLERK