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O 571 -~ -.. ORDINANCE NO. 571 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDING CHAPTER 2.21 TO TITLE 2 OF THE ARROYO GRANDE MUNICIPAL CODE ENTITLED "HISTORICAL RESOURCES COMMITTEE", AND AMENDING CHAPTERS 16.04 AND 16.16. OF TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE ESTABLISHING A HISTORICAL 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, providing opportunities to enjoy and learn about the community's history; WHEREAS, in January, 2003, the City Council directed staff to investigate alternatives for local designations and/or incentives for the preservation of historic resources in the City; WHEREAS, the formation of a Historical Resources Committee and the creation of a process for historical resource determination will improve the local economy by attracting tourism and other businesses to the community; WHEREAS, the formation of a Historical Resources Committee and the creation of a process for historical resource determination will foster a sense of community identity and pride; WHEREAS, the formation of a Historical Resources Committee and the creation of a process for historical resource determination will stabilize and improve the economic value of historic properties and neighborhoods; WHEREAS, the formation of a Historical Resources Committee and the creation of a process for historical resource determination will enhance the community's aesthetics, interest, and unique historic character; WHEREAS, the formation of a Historical Resources Committee and the creation of a process for historical resource determination will encourage and provide incentives to property owners to preserve and restore historic properties, and to sensitively rehabilitate them for adaptive re- use when necessary; WHEREAS, the formation of a Historical Resources Committee and the creation of a process for historical resource determination will allow discretionary review of proposed exterior alterations and demolition of historic structures under the California Environmental Quality Act. This heightened level of review will serve to preserve the diverse qualities that define the character of the community of Arroyo Grande and that reflect the distinct phases of its cultural , and architectural history through, public noticing requirements, the creation of project alternatives, the implementation of mitigation measures and project approvals based upon CEQA findings; WHEREAS, the City Council finds, after Architectural Review Committee and Planning Commission study and recommendations, deliberation and public hearings, the following circumstances exist: A. The proposed amendments to Titles 2 and 16 of the Municipal Code are consistent with the goals, objectives, policies and programs of the General Plan, including the ORDINANCE NO.5 7/ PAGE 2 Economic and Land Use elements, and are necessary and desirable to implement the provisions of the General Plan; B. The proposed amendments to Titles 2 and 16 of the Municipal Code will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern; C. The proposed amendments to Titles 2 and 16 of the Municipal Code are consistent with the purpose and intent of Titles 2 and 16; D. The City has conducted environmental review for adoption of an ordinance amending Titles 2 and 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. Add Chapter 2.21; b. Amend Section 16.04.070.C. in Chapter 16.04; c. Add Section 16.16.211; d. Add subsection 9 to Section 16.16.060.B. in Chapter 16.16 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 thefact that anyone 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 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. -~-~~~-- ORDINANCE NO. 571 no PAGE 3 On motion by Council Member Dickens, seconded by Council Member Arnold, and by the following roll call vote to wit: AYES: Council Member Dickens, Arnold, Guthrie, Costello, and Mayor Ferrara NOES: None ABSENT: None the foregoing Ordinance was adopted this 23rd day of August, 2005. [ [ r------------------------------ ~---- - - -----~--- - ___un -- - - -- - --- ----- ------- - - ORDINANCE NO. 571 PAGE 4 :l TONY RA, MAYOR ATTEST: (;U1~/V- RE, CITY CLERK APPROVED AS TO CONTENT: S<r~~S~tITYMANAGER APPROVED AS TO FORM: ~ - il Exhibit A Add Chapter 2.21 Historical Resources Committee Sections: 2.21.010 Created 2.21.020 Terms of office. 2.21.030 Appointments and vacancies. 2.21.040 Qualifications of Committee members. 2.21.050 Nonattendance. 2.21.060 Rules. 2.21.070 Meetings. 2.21.080 Functions, duties and procedures. 2.21.090 Guiding purposes in reviewing projects. 2.21.010 Created. There is established the Arroyo Grande Historical Resource Committee, (the "HRC" or "committee"), consisting of five members who shall serve without compensation. 2.21.020 Terms of office. Members of the committee shall be appointed to serve for a term as specified by resolution of the city council. 2.21.030 Appointments and vacancies. Appointments for the committee and the filling of vacancies shall be made in the manner provided by resolution of the city council. Vacancies shall be filled for unexpired terms only. All members of the committee shall serve at the pleasure of the council. 2.21.040 Qualifications of committee members. Qualifications of members of the committee shall be established by resolution of the city council. 2.21.050 Nonattendance. Absence from three consecutive regular committee meetings or twenty- five (25) percent of the regular meetings during anyone-year period, without the formal consent of the council, shall constitute the resignation of such absent member and the position declared vacant. 2.21.060 Rules. The committee shall adopt bylaws, which shall establish rules, regulations, and procedures to conduct meetings. The bylaws shall include provisions for selection of a chairperson and vice-chairperson. 2.21.070 Meetings. The committee shall hold at least one regular meeting each quarter, on a day and time designated by the committee; additional meetings may be scheduled as needed. All the committee meetings shall be held in public at the city council chambers, unless otherwise noticed. 2.21.080 Functions, duties and procedures. A. The function of the committee shall be to make recommendations to the Architectural Review Committee, Planning Commission and/or Community Development Director (the "director") regarding the administration of the provisions of Title 16, whenever applicable, in a manner that will: 1. Be consistent with the requirements of the General Plan and of Title 16 2. Be consistent with requirements outlined in 2.21.090.. B. The committee shall prepare, review and recommend appropriate historical preservation criteria, standards, and guidelines, subject to planning commission and city council approval. Criteria, standards and guidelines are to be set forth in pictorial and/or narrative form. The committee shall periodically review these criteria, standards and guidelines and may make recommendations for appropriate amendments. C. The committee shall make itself available to advise and assist the architectural review committee, planning commission, and director in the application of its historical preservation criteria standards and guidelines for projects during schematic and development stages. D. The committee shall review and make recommendations to the architectural review committee, planning commission and/or director regarding applications for architectural review, pursuant to the development code, unless the ARC or the director certifies that the nature of the work is minor or incidental and need not be reviewed by the committee. When, in the opinion of the director, applications for projects other than architectural or sign review may create an architectural impact contrary to the objectives of this chapter, the committee may review the application prior to the planning commission and/or city council hearings. E. The committee shall have the authority to review and approve plans pursuant to specific conditions of project approval imposed by the planning commission or city council. F. The committee may nominate places, properties, structures or areas which they recommend be considered for local, state or national historical designation or considered as important setting or contributing to the historic character of their environs. G. The committee shall promulgate and publish such standards as are necessary to supplement the provisions of this article to inform property owners, tenants and the general public of those standards of review by which applications for development permits are to be judged. Any such standards shall be approved by the city council. 2.21.090 Guiding purposes in reviewing projects. In reviewing potential designations, the committee shall be guided by the following purposes and intent: A. To ensure consistency with the general plan and compliance with the provisions of Title 16; B. 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; C. Improve the local economy by attracting tourism and other business to the community; D. Foster a sense of community identity and pride; E. Stabilize and improve the economic value of historic properties and neighborhoods; F. Enhance the community's aesthetics, interest, and unique historic character; G. Encourage and provide incentives to property owners to preserve and restore historic properties, and to sensitively rehabilitate them for adaptive re-use when necessary. Amend Section 16.04.070.C. to include the following new definitions: Sec. 16.04.070.C. "Alteration - Historical Resources" means any exterior change or modification, through public or private action, of any historical resource, outstanding historical resource, or of any property located within an historic district which involves exterior changes to or modification of a structure, its surface texture, or its architectural details; new construction; demolition; relocation of structures onto, off of, or within a designated property; or other changes to the site affecting the significant historical or architectural features of the property. "Development permit" for the purposes of historic resources means a permit whose issuance is approved by the Planning Commission or upon appeal by the city council and which authorizes its recipient to make specified exterior alterations to a historical resource, outstanding historical resource, or to an improvement located within a historic district. "Exterior architectural feature" means the architectural elements embodying style, design, general arrangement, and components of all the outer surfaces of an improvement, including, but not limited to, the kind, color, and texture of the building materials and the type and style of all windows, doors, lights, signs, and other fixtures appurtenant to such improvement. "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 and designated as such by the city council pursuant to the provisions of this article. "Historic district" means any area which has a special character, historical interest, aesthetic value, or archaeological significance or which represents one or more architectural periods or styles typical of the history of the city, and which constitutes a distinct section of the city that has been designated a historic district pursuant to this code. "Improvement" for the purposes of historic resources means any building, structure, place, fence, gate, landscaping, tree, wall, parking facility, work of art, or other object constituting a physical feature of real property or any part of such feature. "Ordinary maintenance and repair" means any work, for which a building permit is not required by law, where the purpose and effect of such work is to correct any deterioration of or damage to the exterior feature of any structure or property or any part thereof and to restore the same, as nearly as may be practicable, to its condition prior to the occurrence of such deterioration or damage. "Outstanding historical resource" means buildings, structures, signs, features, sites, places, areas, or other improvements of the highest scientific, aesthetic, educational, cultural, archaeological, architectural, or historical value to the citizens of the city of Arroyo Grande and designated as such by the city council pursuant to the provisions of this code. An outstanding historical resource is deemed to be so important to the historical and architectural fabric of the city that its destruction would be a major loss to the city. Subsection 9 is added to Section 16.16.060.B. 9. Alteration or Demolition of a Designated Historic Resource. Add Section 16.16.211 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; 2. To foster civic pride in the beauty and character of the city and in the accomplishments of its past; 3. To enhance the visual character of the city by encouraging new design and construction that complement the city's historical buildings; 4. To increase the economic benefits of historic preservation to the city and its inhabitants; 5. To proteCt property values within the city; 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. 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 historical resource or an outstanding historical resource and an area within the city may be designated a historic district if it meets any of the following criteria: 1. It exemplifies or reflects valued elements of the city's cultural, social, economic, political, aesthetic, engineering, archaeological, or architectural history; or 2. It is identified with persons or events important in local, state, or national history; or 3. It reflects significant geographical patterns, including those associated with different eras of settlement and growth, particular transportation modes, or distinctive examples of park or community planning. C. Applicability 1. An historical resource review shall be conducted according to Section 16.16.211.0. 2. Property that has been designated a historical resource, an outstanding historical resource or an improvement 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 historical resources, outstanding historical resources, 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, outstanding 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, an outstanding historical resource, or a historic district maybe initiated by (1) the owner of record of the property or structure, (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 or any site, structure, or area contained therein. 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. Work Moratorium. While the planning commission's public hearing or the city council's decision on appeal is pending, the City requires development . or building work moratorium on the site proposed for designation. E. Development and building permits 1. No exterior alterations shall be made by any person to a historical resource, an outstanding historical resource, or improvement 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 building official or planning commission grant any permit to carry out such work on a historical resource, an outstanding historical resource, or improvement 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 landmark, 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 article 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 said 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, outstanding historical resource, or improvement 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, an outstanding historical resource, or of any improvement 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 or improvement; 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 16.16.211.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 a Designated Historic Resource In evaluating applications for an alteration or demolition 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. The community development director, or the planning commission or city council upon appeal shall approve the issuance of a development permit or demolition permit for any proposed work if and only if it finds: a. With regard to a historical resource or outstanding 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. 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 16.16.211.E. d. Demolitions. When application is made for a development or building permit to demolish a historical resource or an outstanding historical resource, the 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. -. 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. 571 which was introduced at a regular meeting of the City Council on August 9, 2005; was passed and adopted at a regular meeting of the City Council ofthe City of Arroyo. Grande on the 23rd day of August 2005; 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 24th day of August 2005.